\^ ,x^' 1> ^• * A^ ,v ^^O ^ '' , \ ^ Oc c> . » . . ^ * N ^ ^*^ '-..^ .^^ "i^ % a\ . n c ^ -/• y , A' "*- oA v> \ .^ '^ ^ o? ^^ ^ >, V "** .A . * N ■' ^N. y ^X'. ■i ^ 'S aV '^. v\^ -./ -. '---^ .X^ ■-^ .'^^ c ^' ,0- O'^ ^ ^ ' " /- '\ >^ ^■ .V' '<%., = !^ * oV "^' /'^.''''!^%>'^-i^ ' ^^ x^%*,/^ O ,y^' r v# / ^'^^ ^^^ -^^^ ^^ ^ vXV ^. ' - <^% - ■ ^ ,# ^ .^•^ "*.. X Oo vv s » <■ r ^-v '^^' 0^ .^"^0. -c V,'-""^ ^./, ^ ^ U #\^ ,^'^' ''^ \ 'o/v-^ a'^ 0> ,viB^ --^ ^' -X^ x^^ „ . . -^ WOODROW WILSON President of the United States HISTORY AND CIVICS OF NEW MEXICO By FRANK H. H. ROBERTS, Ph.D., LL.D. President of the New Mexico Normal University and Extra Mural Professor of University of Denver; Author of *' Civil Government of Ohio" and *' Civil Government of Wyoming" AND RALPH EMERSON TWITCHELL, Esq. Author of "Military Occupation of New Mexico, 1846-1850," * ' The Leading Facts of New Mexican History, ' ' and "The Spanish Archives of New Mexico" "The History of the World is not intelligible apart from the Government of the World." — W. V. Humboldt. CHARLES ILFELD CO., DISTRIBUTERS ALBUQUERQUE, NEW MEXICO The price printed hereon is fixed by con- tract hetiveen the publisher and the State Board of Education, and any deviation there- from should be reported to the Superintend' ent of Public Instruction Price, $1.00 Copyright 1914 by Frank H. H. Egberts » «. I- PRESS THK ROBERT O. LAW COMPANY CHICAGO, ILLINOIS SEP 21 1914 ©CU:]80441 PREFACE Every branch of Knowledge has its own termin- ology, which a person must learn if the subject shall ever mean anything to him. One reason that the average student knows so little about Civics is due to the fact that the ordinary text takes it for granted that the reader knows the term- inology of the subject when he has not the least idea of the meaning of the words. The purpose of this text is to lay the foundations of Civics, which is History crystalized, to acquaint the reader with the meaning of words pertaining to government, usually found in the papers and heard in the ordinary political discussions. I owe much to Mr. Ralph E. Twitchell, who has furnished the chapters on The History of New Mexico. He used his splendid work, "The Leading Facts of New Mexican History, " as a basis for these chapters. He has read this book and made valuable suggestions thereon. Superintendent of Public Instruction Alvan N. "White has read the pages of this book, checking the contents as to subject matter. The author is under 5^ 6 Preface great obligations to Mr. White for many helpful sug- gestions, but the author alone is responsible for any errors found in the book, and I will appreciate notice of such errors when found. I wish to acknowledge my indebtedness to Miss Susie Whitaker, who aided me in the preparation of this book. Frank H. H. Egberts. April 1, 1914. CONTENTS PAGE Preface " 5 Laboratory Method in Teaching Civil Govern- ment 9 Chapter I Definitions and Forms of Government 15 Chapter II Great State Papers .* 38 Chapter III Declarations of Rights 51 * Chapter IV Legislative Department 68 Chapter V Powers of Congress 73 Chapter VI Executive Department 84 Chapter VII Judicial Department 102 Chapter VIII District, Municipal and County Officers Ill Chapter IX Miscellaneous Provisions 121 7 8 Contents Chapter X page History of New Mexico 132 Antiquity of New Mexico 133 The First Spanish Explorers 134 Explorations of Friar Marcos de Niza 136 Coronado 138 The Spanish Friars 141 Exploration of the Rio Grande Valley 145 Conquest of New Mexico 148 Pueblo Rebellion and Independence 152 Spanish Rule, 1693-1822 155 New Mexico — A Territory of the Republic of Mexico 159 Change in Government and Revolution of 1837-1838 163 Texas-Santa Fe Expedition 167 The Santa Fe Trail 171 War with Mexico 175 New Mexico — A Territory of the United States 179 —The Church in New Mexico 182 New Mexico During the Civil War 186 Indian Campaigns 189 N Spanish-American Land Grants 192 Recent Events 194 List of Governors of New Mexico 200 Declaration of Independence 204 Articles of Confederation 20? Ordinance of 1787 217 Constitution of the United States 225 ' Constitution of the State of New Mexico 245 Proposed Amendments (1914) 334 THE LABORATORY METHOD IN CIVHj GOVERNMENT FOR TEACHER AND PUPIL Thring very pointedly says : ' ' You never forget a thing you do, cricket for instance, or even the sitting in school. It is part of your life. But your book-work is not part of your life. Make it so. You cannot drop what hand, foot, eye, or brain have really done, it is a part of yourself belonging to hand, foot, eye, or brain, but your book-work is shadow-work, a parrot- like struggle with words." The mistake of depending wholly upon the text- book is too commonly made. Teacher and pupil fail to realize that abundant material to make this study real, a part of their lives, is at hand. It does not occur to them that civil government may be studied object- tively; that it may become a matter of ''hand, foot, eye, or brain." This study is usually considered hard, dry and uninteresting, but if advantage is taken of the opportunities presented on every hand it will be found to be fascinating, rich in thought-producing power, a study "that will not let us sleep." The aim of the average student of this study is to remember the words of the book; to him Civics is words, words, nothing but words. 9 10 Civil Government of New Mexico Before he begins his work he should commit these wise and truthful sentences from Thring 's Theory and Practice of Teaching: "Memory-knowledge as such is absolutely useless. "Memory-knowledge as training is worse than use- less. "Memory-knowledge is often a disguise for mental incapacity. "Dead lumps of memory are dead. "Mind is known by what it puts out. IMemory by what it casts in." What can be done to change the class from dull list- nessness, from the dead grind, to the living, inspiring reality ? The answer is found in the experiences of a certain class. When the class studies about primaries, conventions, elections, etc., primaries and conventions are organized and all the business of these organizations is trans- acted. The extent of the powers of the different conventions varies in the political communities; but in all, their chief purpose is to choose delegates to a higher convention and nominate candidates. The class easily learns from some politician what is done at a primary or convention, and when it is held by the pupils the facts are fastened so permanently in the mind that they are never forgotten. A new interest in the study of government is awakened. The chairman and secretary of the national, state, and county executive committees are appointed. The national committee holds a meeting and issues a call for the holding of conventions in the various states to The Laboratory Method 11 choose delegates to the national convention. Then the state committee holds its meeting and issues a call to the counties to choose delegates to the state conven- tion, and then the county committee holds its session and issues a call to the smallest political divisions (towns, wards, precincts, etc.) to hold primaries to choose delegates to the county convention. Then the primary is held, and all the business trans- acted in this particular community by a political party is brought before it. Each member of the class par- ticipates as a citizen. When the county convention is held each pupil is a delegate from some precinct or other political division. If there are more precincts than pupils, each pupil is considered the chairman of a delegation and casts the whole vote of his precinct, two or more of the smaller precincts being combined and assigned to one pupil. But if the number of pupils exceeds the number of precincts several pupils represent the larger division. Delegates to the state convention are chosen, and any other business that would come before a regular con- vention in the county is transacted. In the state convention students representing coun- ties choose delegates to the national convention, nomi- nate candidates for electors, and perform any other acts that would properly come before the regular con- vention of the states. In like manner the states are allotted to the stu- dents who hold the national convention. Two tickets are nominated in these conventions, and an election is held according to the laws of the state ; 12 Civil Government of New Mexico with this exception, suffrage is limited to the students of the schools. Without being set any tasks to remember, these stu- dents have learned a great deal that is of real value to them. During these conventions questions of eligi- bility, of parliamentary law, of right and wrong, are thoroughly discussed. JMany a real convention is not half so exciting as these the pupils hold. In studying the powers of congress, a copy of the tariff law, a custom house receipt, a tax receipt, naturalization papers, certificates of copyright, patent papers, passports, etc., aid the teacher and the pupil to understand what the book means. If the original papers can not be had, blanks may be obtained by writing to the proper officers. When the class studied naturalization one member was appointed judge of the proper court; another clerk; and a third was considered a foreigner and required to take all the steps of naturalization. Natu- ralization became a live, real subject to the class. One hundred and twenty questions were asked by the members of the class, books were read, and the ditB- cult phases of naturalization were intelligently dis- cussed. The amount of this work done must depend on the time and circumstances surrounding the class. iFet one period a week during a term will be sufficient time to accomplish much more than is suggested here. Thus may pupil and teacher live in their work, be interested in it, and master it. In teaching this book two aims should ever be upper- The Laboratory Method 13 most in the mind of the teacher: First, to give the student a proper attitude of mind; second, to give the student the precise meaning of words. The stu- dent should be anxious to hunt out the truth for him- self and should not be satisfied with the many false ideas held by some educated people. The teacher, who properly assigns the lessons, has completed the most important part of her work. Parts of this book should be read in class, before the pupil is required to study with the idea of remembering its facts. In assigning the *' Declaration of Independence" for a lesson, read it, then read what the book says be- fore requiring the pupil to study with the intent to remember. In Chapter III, the portions selected from the two constitutions should be read by the pupils, — one pupil should read a clause in the national constitu- tion and another should read the similar clause in the state constitution. The differences, if any, should be pointed out, definitions should be looked for, either in text or the dictionary, and then the lesson should be assigned for study and recitation. Frequently the quotation from either constitution should be located in tlie proper document at the back of this book. CIVIL GOVERNMENT OF NEW MEXICO CHAPTER I 'definitions and forms of government Science of Clv-1 Government. — The science of civil government is the orderly statement of the principles of constitutional government, and the workings of its institutions. Institutions. — The laws, customs and occupations of a country are its institutions. Politics. — Politics is that part of the science of ethics which deals with government, its form, its con- stitution and its laws; and its preservation against internal and external foes. In ordinary language, politics usually refers to party strife. Sovereignty. — Sovereignty is the unlimited, uni- versal power of a state over its individual subjects and their possessions. In whom is this unlimited, uni- versal power vested? In the ruler or in the people? The believer in an absolute monarchy holds that the monarch is the state; that whatever privileges the people obtain are given by the gracious ruler to his people, who have no rights that the monarch is bound to respect. On the other hand, the democrat holds 15 16 Definitions and Forms that this unlimited and universal power rests abso- lutely in all the people, and whatever authority is exercised by the government has been granted by the real sovereign, the people. History proves both of these ideas wrong. Sovereignty is shared by part of the people and the government. "Whenever a person, or collection of persons, exercises a power from which there is no appeal, real sovereign power, or sovereignty, is exer- cised. In England, Parliament, composed of the king, lords and commons, is the sovereign, since there is no restric- tion upon anything it may do. It may pass a law, amend the Constitution, or annul every local law in the kingdom and no individual or corporation has any right that Parliament is bound to respect. Under the English Constitution, the people choose a part of this sovereign body, the Commons. In France, the National Assembly, which is formed by both houses of the legislature meeting as one body, possesses sovereignty, since it may change the consti- tution of the country. In the United States the situation is more complex. A two-thirds majority of Congress, or a convention called by Congress, for the purpose, may submit amendments to the constitution, and when a three- fourths majority of the legislatures, or conventions, of the various states have ratified them they become a part of the fundamental law of the land. Then Congress, or the National Convention, and the State Legislatures, or the State Conventions, when acting Kinds of Government 17 for the purpose of amending the constitution, are the sovereign body of the land.* In the commonwealths, or states, the question of sovereignty is quite as complex as in the nation. This unlimited, universal, uncontrolled power of changing the fundamental law of the state rests in the legisla- ture that may call a constitutional convention or sub- mit amendments to the constitution, and in the con- stitutional convention that adopts a new constitution or adopts amendments to a constitution already in force, and in those people who may vote to ratify either the proposed constitution or amendments. Sovereignty does not rest wdth persons under tw^enty-one, nor with women in a large number of the states ; and a very large number of illiterate peo- ple are excluded by many states ; and the insane, the idiots and the felons are excluded everywhere. When a state provides for the initiative and refer- endum on questions involving amendments to the con- stitution, sovereignty is more democratic. For the sovereignty to rest entirely in the people, it is necessary for the constitution to be amended by means of the direct initiative and referendum only. Government. — The government of a State or coun- try is the organization that is vested with supreme political control. Its functions are to make, interpret and execute the laws. All governmental acts may be classed under three heads — legislative, executive and judicial. These functions may be exercised by one *See Leacoek's '^Elements of Political Science," Chap. IV. 18 Definitions and Forms man or body of men, or they may be divided among several bodies. The popular opinion holds that the American gov- ernments, state and national, have these three func- tions, or powers, apportioned among the three depart- ments — legislative, executive and judicial — which are separate and distinct from one another, while in fact each department exercises these three kinds of power, — an absolute separation is an impossibility. Either department may check the other two. The president or governor, with the veto power, offers a check to hasty legislation. The power of the legisla- tive branch in matters pertaining to the duties of offi- cers, to the fixing of their salaries, and to the right of impeachment, puts a restraint upon the executive and the judiciary. By its right to inquire into the manner in which the officers of the executive department dis- charge their duties and its power to determine the constitutionality and meaning of a law, the judicial department restrains the others. But no department possesses coercive power over the others. Each department is free within constitu- tional limits. Government of England. — Theoretically the gov- ernment of England consists of three departments: the king as chief executive ; parliament consisting of two houses, house of commons and house of lords; and the judiciary; but practically it has but one governmental body, the house of commons. At the dictation of the commons, the king chooses the leader of the dominant party as prime minister, who then Kinds of Government 19 selects his cabinet from his own party. These officers who perform executive acts are responsible to the majcrity of the house of commons. Yrhen they no longer have the confidence of the majority as shown by vote of the members they may resign or dissolve parliament, and call a new election. If the new commons will not pass a resolution of con- fidence or approval, they must resign; hence the real executive is subordinate to the popular branch of the legislative department. The house of commons exercises coercive power over the house of lords. When the lords show a disposi- tion to refuse to pass a measure, the commons may, through the prime minister, threaten to create more peers, or to abolish the house of lords entirely, and the lords, for self protection, will generally pass the measure. The courts have no power to declare a law unconstitutional, for the house of commons is omnip- otent, ''The whole fulness of popular power dwells in it, its will is law," It must be remembered that this is the spirit rather than the legal form of the English government. (See Bryce's ''American Com- monwealth," page 272 fp.) Government is either civil or military. The earlier governments were often military, the ruler enforcing his rule by force of arms. As the citizens of a coun- try gain power, the government loses some of its military character. When the military is put into complete subordination to the part of the government that represents the people, the government becomes civil, or government by the people. 20 Definitions xVnd Forms The People and the Government. — The people and the government are not the same. This fact is readily observed in many foreign countries but in our own many careless writers and public speakers have failed to see the difference. Public opinion has so frequently influenced acts of the government that these persons have misinterpreted the facts. Those people who believe in the initiative and referendum see clearly the difference. The people are the creators and the government is the creature. The voters retain the power to ratify or reject pro- posals to amend the constitution or to change the form of government. The government does not reform nor alter itself. THE THREE DEPARTMENTS While it is popularly held that the three depart- ments of our governments — state and national — are separate and distinct, and many of the state consti- tutions have declared that an officer of one depart- ment should not exercise any of the powers of either of the other departments, yet every state in the Union has officers each of whom exercise the three powers, because it is impossible to make an exact distribution of these powers. The acts of officers are divided into three classes : legislative, executive and judicial. Whoever makes or enacts a law exercises legisla- tive power. Whoever executes a law exercises execu- tive power. Whoever interprets a law or decides what is the law exercises judicial power. The Three Departments 21 The table classifies many of the acts of government : JUDICIAL. The judiciary an- swers tlie questions : What is the lawV What does the law mean V Does it conform to the constitution V lias the law been properly executed by the executive of- flcers V Is the accused person guilty V What penalty shall be exacted of tlie guilty person V Which of two con- tending persons or parties have the law and facts on their sideV Attainder (the act of finding guilty and taking away certain civil rights) is a judicial act. The power exer- cised by the Senate in all cases of im- peachment is judi- cial. The Senate exercises the same functions as judge and jury exercise in cases of indictment. Determining the particular penalty to be exacted for a crime that has been committed. KINDS OP GOVERNMENT Aristotle 's ' ' Politics ' ' divides governments into two classes. Those governments which consider the best interests of their country are called true or nor- mal; while those that rule in their own interests are called perversions. LEGISLATIVE. The following are legislative acts : Levying taxes. A p prop r iating money. Declaring war, or- dering soldiers and sailors to be en- listed and equipped. Fixing salaries. Ordering build- ings to be built, harbors to be dredged, and ships to be constructed and the same to be paid for and the amount to be paid. Vetoing or signing a bill passed by the legislative body. Suspending *t li e writ of Habeas Cor- pus. Determjjiing the limits of penalties to Do exacted for criminal acts. EXECUTIVE. These are execu- tive acts : Collecting taxes. Taking care of the money and pay- ing it out. Enlisting soldiers and sailors, equip- ping the army, the navy and the militia. Making the inter- nal improvements ordered by the legis- lative power, i. e., constructing build- ings, roads, wharves, ships, dredging har- bors, etc. The granting of pardons, reprieves, and commutations of penalties. Impeaching. Indicting. Appointing. a. Nominating. b. Confirming. c. Commissioning. Prosecuting per- sons accused of criminal acts. The Normal Governments 1. The kingship or monarchy. 2. 'J'he aristocracy. H. The polity, the rule of the majority. Corresponding Perversion 1. Tyranny or despotism. 2. Oligarchy. ;{. Democracy. 22 Definitions and Forms When Aristotle wrote his ''Politics" the democracy of Athens had become so corrupt that he uses the term polity for the rule of the majority when exercised in the interest of the people; and applies the term de- mocracy to the perversion of majority rule. But now democracy is used instead of polity and its perversion is called ochlocracy and even anarchy. The modern divisions are: — monarchy, democracy and republic. These, like the divisions of Aristotle, are incom- plete, since there are states that do not come under any of these forms. States are like the oaks, they grow, they flourish in the worst of storms, they decline, they die and are forgotten ; a set of terms that accurately describes their condition or character during any age of their history is inadequate in any other age, because the conditions have changed but the terms persist. In 1790 Mirabeau declared, ''In a certain sense republics are monarchical, and again in a certain sense monarchies are republics." In 1814 Schleirmacher maintained that "The terms, monarchy, aristocracy and democracy are always run- ning into each other." new terms proposed The following terms are proposed as more nearly expressing the present facts of government than those that have the sanction of historical use: 1. Hereditary, a government in which the chief New Terms Proposed 23 offices are reserved for those of noble birth; e.g., Russia. 2. Elective, a government in which the chief officers are elected, and the others may be elected or appointed; e.g.. United States, Denver, Santa Fe and New Mexico. 3. Mixed, a state in which some of the offices are filled by election and some by birth. England is an excellent example of this form ; there the kingship and membership in the house of lords are hereditary, while membership in the house of commons is secured by election. At present, monarchical, aristocratic and demo- cratic are terms that describe the spirit rather than the form of a government. Governments are pendu- lums making irregular vibrations through the arc, — monarchy, aristocracy, democracy and anarchy. The government of France swung through the en- tire arc from the time of Louis XIV, who declared himself to be the state, to the Reign of Terror, a period covering less than a century, and has been making fitful and irregular vibrations toward the extremes of the arc to the present time. In its history our government has made swings be- tween anarchy, represented by the extreme states- rights doctrine, and monarchy, represented by extreme nationalism, but neither extreme has ever prevailed and it now swings along an aristocratic-democratic arc. These terms are used in their best sense ; the aristocratic tendencies are seen in the conservatism of the American voter. Often the minority has been 24 Definitions and Forms allowed to govern. Historians are agreed that the federalist party was always the smaller party ; because of the American voters' conservative nature it was allowed to govern the country until 1801. The con- servatism of the American voter is apparent through- out our history. Another evidence of aristocratic tendencies can be found in the educational qualifications required in many states. The democratic tendencies are seen in the exten- sion of suffrage to women, the growing use of the initiative and referendum, and the increasing influ- ence of public opinion on legislative acts. ]\Iany writers would accept the statement made above, but would apply to the expression "aristocrat- ic-democratic" its very worst meaning and believe it true. A monarchy is a government in which the supreme power is vested in one person, w^hose will is law, who is the chief executive officer, and the highest judge of the land. Russia, China and Turkey are real mon- archies. England approached a true monarchy in the eleventh and twelfth centuries, but in 1215 the monarch was compelled to surrender part of his power, and at different periods other rights were wrested from him, until to-day England is a democratic-mon- archy. But the power of monarchy may be exercised by the government in a republic. James Madison wrote in the Federalist, ''The accumulation of all powers, leg- islative, executive and judiciary, in the hands, whether Kinds of Government 25 of one, a few or many, and whether hereditary, self- appointed or elective, may justly be pronounced the very definition of tyranny," which is the perversion of monarchy. While France has an elective presidency, ' ' the citi- zens considered as individuals, have no sort of security against possible excess of the administration towards them; it has been and may again become an instru- ment of despotism." Here is the true monarchical spirit. A republic is a government in which the chief executive is chosen by electors, who are composed, in some states, of a majority of the voters of twenty- one years of age and over, and in others, of a selected few. In America the chief executive has been called president, governor, mayor, etc., while in European republics he has been called president, doge, gon- falonier, and even king. In Florence the term of office was two months ; and in Sparta, which was an aristocratic republic, the two elected kings served for life. That a government is said to be republican in form is no evidence of the freedom of the people. There are many modern republics that concede but a vestige of freedom to the subjects. No one has understood this fact better than Mr. Madison, who wrote as follows: "Holland, in which no particle of the supreme power is derived from the people, has passed almost universally under the domi- nation of a republic. The same title has been be- stowed upon Venice, where absolute power over the 26 Definitions and Forms great body of people is exercised in the most abso- lute manner by a small body of hereditary nobles." He defines a republic as ''a government which derives all its powers directly or indirectly from the great body of the people, and is administered by per- sons holding their offices during pleasure, for a lim- ited period, or during good behavior." A democracy is usually defined as a government by the people, or one in which the people perform all the functions of government. If this definition is true, no democracy ever existed or ever wdll; it is a principle, rather than a kind, of government. In the early history of governments, petty states were governed by chiefs, or kings, who were supposed to rule by divine right, but when democratic principles began to prevail this idea was displaced by the doc- trine that the most powerful and influential should rule ; but in the complete triumph of democracy it is held that rulers obtain their right to govern by the suffrage of the people. In the present democracies, the people make the laws but leave their execution to some selected officer. This is true of the New England ''town meeting," where all the citizens of a township meet to discuss and vote upon questions of taxation, schools, roads, the care of the poor, and any other subject of local interest, but they leave the execution of their sovereign will to officers elected by them at this meeting. In any democratic country, slavery cannot exist; imprisonment for debt and the restriction of suffrage for any reason other than crime and imbecility are impossible. Since Athens, in her Kinds of Government 27 boasted age of democracy, had 20,000 voters and 400,000 slaves, she was only an aristocracy, governed by Pericles, king by common consent, although not holding the title. A government in which all the people choose representatives to carry out their will as expressed in their platforms is a representative democracy or republic. Those states, among them Wyoming, Idaho, Colo- rado, Utah, Arizona, Washington and California, that have extended the right of suffrage to women, have done so believing that the true principles of democ- racy demanded the concession. These are the most democratic states of the Union. Uni, Unterwalden, Glovis and Appenzell are democratic cantons of Switzerland. Here legisla- tion is proposed and enacted by the people in mass meeting. Oligarchy. — An oligarchy is a government in which the eligibility to office is restricted to a few, who may be the best or the worst citizens. When the best rule the state, the government is called an Aris- tocracy. In ordinary language an aristocracy is a country ruled by the rich without regard to other qualifications ; historically such a government is called a Timocracy. Empire. — An empire may be either a monarchy, a democracy, or a republic. An empire has a power- ful central government, and a variety of governments subordinate to the general government, extent of ter- ritory and a commanding influence on the destinies of other nations. 28 Definitions and Forms Is the United States an Empire? — The United States is more than fifteen times the size of the Ger- man Empire ; it is composed of states, territories and colonies; it has a powerful central government, and the history of the Monroe Doctrine will show that it has exercised a very great influence on the destinies of other American republics. ''No constitution ivas ever before so well calculated, as ours, for extensive empire and self-government/ ^ — Jefferson to President Madison in 1809. ''The fabric of American Empire ought to rest on the solid basis of the consent of the people." — Hamil- ton in the Federalist. Law. — The law of the United States is composed of rules and regulations, statutes, common law, trea- ties, and the constitution, to which the first four must conform. The law of the state is composed of rules and regu- lations, statutes, common law% and the constitution, to which the first three must conform. The constitution is the fundamental law, formu- lated in America by the representatives of the people, by whom it is then ratified. While in some other countries the constitution has been "elaborated by every-day experience. ' ' A statute is a law enacted by the legislative branch, and the chief executive. Treaties are solemn engagements between independ- ent governments, in which each government agrees to conform to certain limitations in her conduct towards the other nation. The only w^ay to enforce Law 29 treaty rights is by war. The states have no right to negotiate treaties. ^'The common law includes those principles, usages and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature." — Chan- cello?' Kent. The American common law is based on English common law, which Sir Mathew Hale declared to be "the wisdom, counsel, experience and observation of many ages of wise and observing men." Rules and regulations are made by executive officers. The legislative branch frequently passes, a law ex- pressed in general terms and authorizes some execu- tive officer to make rules and regulations carrying into effect the law. A visit to the Postmaster and an examination of his book of laws and regulations will show the student the importance of this kind of law. In the early thirties John C. Calhoun made a great speech in Congress against "executive legislation." In the states various officers not belonging to the legislative department are authorized by the legisla- tive branch to make rules that have the force of law. Who makes the law? The constitution: Usually a convention adopts the constitution and the people ratify the same before it becomes the universal law of state or nation. Yet the first constitution of Ohio was adopted by a convention and was accepted by general consent without an election. And in Kentucky the convention 30 Definitions and Forms of 1890, and in Virginia the convention of 1892, adopted constitutions which were not submitted to the people but were promulgated as the fundamental laws of those states. To promulgate a constitution is to put it into force directly. Treaties: Treaties are negotiated by the president and ratified by a two-thirds majority of the members of the senate present, provided that a quorum is present. States are not permitted to make treaties. Statutes: Statutes are the combined work of the chief executive and the two houses of the legislature or of Congress, Both in the nation and this state there are three parts to the legislative branch, — the chief executive, the senate and the house of representatives. No bill can become a statute without the affirmative vote of the senate and the house, but if the chief executive votes no, that is, vetoes the bill, it is returned to the house in which it originated, where it is again considered. If it receive a two-thirds majority, it is sent to the other house where it is again considered. If it receive a two-thirds vote here, then it becomes a law. This is called passing a law over a veto. Yet no bill can become a law unless it is acted upon by the executive in his legislative capacity. The common law: The courts by their customs in dealing with cases create the common law. Rules and regulations : These are made by execu- tive officers and often issued as proclamations. The class should ask the postmaster to see his book of laws and regulations and pick out which are statutes, Referendum 31 passed by Congress, and which are rules made by the postmaster-general. The President as a law-maker: The President makes law in his own right, or it is made in his name. For example, the organic law of the territory of New Mexico proclaimed by General S. W. Kearney on September 22, 1846, and the early laws of the Philippine Islands, the enacting clause of which reads : "By the authority of the President of the United States, be it enacted." The President and the Senate make treaties: The President, the Senate and the House of Representa- tives enact statutes. The President makes rules and regulations that have the binding force of law. THE INITIATIVE AND REFERENDUM While these terms are constantly joined in political discussion the student must understand that one may exist without the other. The tendency of today is to adopt both, yet the initiative is considered by far the more important by many Swiss reformers. REFERENDUM Definition: ''The referendum is the right of the people to decide on certain laws or measures which have been passed by the legislative body." Compulsory referendum requires either a certain class of laws, or all laws, to be submitted to the qual- ified voters for their approval or rejection. Optional referendum leaves it to the discretion of 32 Definitions and Forms the legislature whether or not a law shall be referred to the people. Referendum on petition. Under this form a law is not submitted unless a certain percentage of the voters petition for its submission. The three forms have been used in America. The principle of the referendum has been in use from Colonial days. Constitutions have been amended and even adopted by its use. State legislatures have required a referendum vote in counties or school dis- tricts before buildings could be built or certain taxes could be levied. ''Local Option Laws'' provide for a referendum vote. About 1890 members of the Knights of Labor and of the Farmers' Alliance began to urge the adoption of state-wide referendum, and in 1892 the People's Party, in their national platform, declared for the "legislative system known as the initiative and referendum." In 1898 South Dakota adopted both the initiative and referendum, but made no use of the same until 1908. Since then many states have adopted state-wide ini- ative and referendum. The method of procedure varies with each state, but the purpose is ever the same, to give the people an opportunity to have a larger share in the mak- ing of their laws. The United States Constitution makes no provision for the referendum in cases of ordinary laws, but all amendments to the constitution must be referred to states for action. Initiative 33 In New Mexico '/The people reserve the right to disapprove, suspend and annul any law enacted by the legislature, except general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the pub- lic schools or state institutions, and local or special laws." If petitions disapproving of any law, not in the ex- cepted class, enacted hy the preceding session of the legislature are filed with the Secretary of State not less than four months prior to the next general elec- tion, he shall submit the question of the approval or rejection of such law to the voters at the next general election, provided that said petitions are signed by not less than ten per centum of the voters of each of three-fourths of the counties and in the aggregate by not less than ten per centum of the qualified voters of the state. If the majority of the votes cast thereon are cast for the rejection of said law, it shall be annulled and thereby repealed, provided that said majority is forty per centum of the total number of legal votes cast at such election. INITIATIVE Legislative initiative is the right to propose legis- lation. Popular initiative is the right of the people to pro- pose legislation by petition. 34 Definitions and Forms Optional initiative requires the legislature to con- sider and vote upon any bill presented to it by a body 'of petitioners. Compulsory initiative requires the legislature to vote affirmatively upon any bill presented to it by the petitioners. Direct initiative enables the people to frame a bill and have it voted upon by themselves without the intervention of the legislature. Although the initiative dates from revolutionary times it has been considered hy American reformers of less importance than the referendum. The initiative does not exist in New Mexico. THE RECALL The recall is the power retained by the people to compel an officer to submit to a new election or rejec- tion by the voters before the expiration of his term of office. The officer is compelled to submit his case to the voters when a required percentage of them sign a petition demanding that he be recalled. If on the holding of an election the majority is against him he must vacate his office at once. The percentage of signers required to recall an officer varies in the different states. There is no recall in New Mexico. (Eead the first paragraph of Article V of the ''Articles of Confederation.") Foreign Representatives 35 the recall of decisions This is one of the recently proposed ideas in gov- ernment. If the supreme court declares a law uncon- stitutional, the recall of decisions would allow the people to petition that the question be submitted to them, and if a majority voted for the measure, it would then be constitutional. There are many people who would apply the recall to all decisions of all courts. FOREIGN REPRESENTATIVES There are two classes of foreign representatives: diplomatic and. commercial. Diplomatic Officers. — The diplomatic officers are of three grades: ambassadors, ministers and charge d'affaires. The difference consisting of dignity and rank. They reside at the capitals of the countries to which they are accredited and have charge of political questions that may arise between their nation and the ones to which they are accredited. The United States sends ambassadors to Great Britain, France, Germany, Italy, Japan, Mexico, Russia, Brazil, Turkey and Austria-Hungary. The salary of each is $17,500. Louis XI kept spies at most of the neighboring European courts to inform him of their proceedings. But Ferdinand (1452-1516) who ruled Spain fifty- two years accomplished the same result in a more honorable way. He established resident embassies which greatly facilitated commercial intercourse and 36 Definitions and Forms perpetuated friendly relations by leading to the settle- ment of difficulties by negotiation. Ministers are sent to smaller countries. The United States has thirty-one ministers. Their salaries vary from $10,000 to $12,000. A charge d'affaires takes the place of an ambassa- dor or a minister during his absence. When the ambassador is sent to negotiate some spe- cial treaty, he is called ambassador extraordinary. Corresponding to the ambassador extraordinary is the minister plenipotentiary. The United States designated their chief repre- sentatives by no higher title than envoy extraordi- nary, and minister plenipotentiary until 1893, when Congress authorized the appointment of ambassadors. A Nuncio is an ambassador from the Pope to a for- eign court. Commercial Officers. — The Commercial representa- tives are divided into consuls, general consuls, vice- consuls, deputy consuls, consular assistant and con- sular agents. These officers are sent to manufacturing cities and important business centers. They inspect the invoices of all cargoes that are to be shipped to their countries. They are expected to protect the person and property of fellow country-man while in their consul or juris- diction. The consul dates back to ancient Greece. Federal government. — A federal government is based upon states as units. It deals entirely with the states, which are equal in power. When it wants Kinds of Government 37 money, it asks the states for it. The United States under the Articles of Confederation was a federal government. Congress could levy taxes, but could not collect them; could vote to raise an army, but could not enlist a man. James Wilson was the author of the term Federal Republic. As an example of a federal constitution the student should study the Articles of Confederation. National government. — A national government is based upon the people, and state lines are obliterated. ]\Ir. Madison, the father of the constitution, wrote : "The constitution is, in strictness, neither a national nor a federal constitution, but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the gov- ernment are drawn it is partly federal and partly national; in the operation of these powers it is na- tional, not federal; in the extent of them, again, it is federal, not national ; and finally in the authorita- tive mode of introducing amendments it is neither wholly federal nor wholly national. ' ' National features of the Con- Federal features stitution Each state is guaranteed one The menibors of the house of representative iu the lower representatives arc apportioned liouse and two in the upper, to the several states according 1'he senators who are elected to population, and they are by the people represent the state, elected directly by the people But it is limited to the extent whom they represent directly. of its powers, the state has The government acts directly, charge of all local interests, upon the people in the executioia But every state has at least of its laws. three votes in the electoral col- In the electoral college, which lege. This gives the small chooses the president, the larger states much greater power than states have votes in proportion they would possess in a purely to their population. national government. CHAPTER II GREAT STATE PAPERS The pupil should know four or five great state papers, such as the Declaration of Independence, the Articles of Confederation, the Ordinance of 1787, the National Constitution, and the State Constitu- tion. ' THE DECLARATION OF INDEPENDENCE Read the Declaration, which may be found in the back of the book, and then study the following anal- ysis and at the recitation read and discuss para- graphs one, two, thirty-one and thirty-two. When you have read paragraph two read sections two, three and four of the Bill of Rights of the Constitution of New Mexico. Commit to memory the preamble and paragraph two. On July 2, 1776, the Continental Congress de- clared "That these United Colonies are, and of right, ought to be Free and Independent States; and that they are absolved from all allegiance to the British crown, and that all political connections between them, and the State of Great Britain, is, and ought to be, totally dissolved." On July 4, was passed a declaration that gave the reasons for this action of July 2. This document 38 Declaration of Independence 39 was prepared by Thomas Jefferson. The following is a rough analysis of this great state paper : Paragraph 1. Preamble. Paragraph 2. Political doctrine. Paragraphs 3-30. An arraignment of the King. Paragraph 31. A justification of Colonial acts. Paragraph 32. The declaration. The principles enunciated in the second section are very old. They are five in number, as follows : 1. *'A11 men are created equal." The basis of this doctrine was taught by the Stoics, Greek philosophers who lived about 308 B. C. ' 2. ' ' That men are endowed with certain inalienable rights." Socrates, born 469 B. C, suggests this doc- trine. Cicero (106-43 B. C.) developed both the above doctrines. 3. ''Governments are instituted among men." Here is an indefinite statement of the Social Con- tract Theory of the origin of the government which was so popular in 1776. This doctrine originated with Protagoras and the Sophists between 481 and 411 B. C. 4. Government derives its "just powers from the consent of the governed." 5. The right of revolution; the right of people to alter or even abolish their government. Doctrines 4 and 5 were taught by St. Augustine (354-530 A. D.). For ten centuries these doctrines were discussed by great writers; and they were generally believed by the people of the colonies. 40 Great State Papers Sections 3 to 29 are copies largely from Virginia's declaration of independence, probably written by George Mason and adopted by the Virginia Conven- tion June 15, 1776. Great credit is due Washington and Samuel Adams for creating public sentiment in favor of a declara- tion ; to Jefferson for expressing the belief of his time in a masterly great document ; and to John Adams for securing its adoption by Congress. THE articles OF CONFEDERATION Independence made some form of government nec- essary. June 7, 1776, Richard Henry Lee moved the Inde- pendence of the "United Colonies" and "that a plan of Confederation be prepared and transmitted to the respective colonies for their consideration and approbation." On June 12 a committee was ap- pointed to prepare a constitution for the federal government. Just one month later, July 12, a draft of a constitution was presented to Congress for its approval. It was debated until November 15, 1777, when, in its amended form, it was adopted and sub- mitted to the states for ratification. The states dis- cussed it for nearly four years, when it was ratified by Maryland and went into effect March 1, 1781. Virginia, New York, Connecticut and other states owned land between the Ohio and the Mississippi rivers, and Maryland would not ratify the proposed federal constitution until this land was ceded to the general government. Ordinance of 1787 41 Read the definition for ' ' Federal Government ' ' and then Article V of the Articles of Confederation. Find the answers to the following questions by reading the Articles : 1. What kind of government was formed ? 2. How were the officers chosen? 3. How did the general government obtain money to pay its expenses? 4. How were soldiers secured? 5. Did the general government have any real power ? 6. Could the general government levy and collect taxes ? 7. Was there a chief executive? 8. Find three prohibitions on the states. 9. Who paid the salary of the members of Con- gress ? ORDINANCE OF 1787 The famous ordinance of 1787 was promulgated by the congress of the confederation for the govern- ment of the northwest territory. The government erected was a foreign one, very aristocratic in form; the inhabitants, from 5,000 to 10,000 Frenchmen, were not consulted about its form or its erection. The governor had extensive power. He was appointed by Congress for a term of three years and was required to possess 1,000 acres of land lying in the district. He was given the following powers, for the exer- cise of which he was responsible to Congress alone: 42 Great StxVte Papers Legislative The governor and the three judges formed the legislative branch of the government. But the legislature was re- qui] ed to choose its laws from the statutes of other states. He established counties and townships by proclamation. Executive He was commander-in-chief with power to appoint all oflS- cers below the rank of general officer. He appointed all county and township officers until the na- tional legislature had convened and provided for their elec- tion. He was entitled to exercise all ordinary executive powers. The judges, three in number, were each required to possess 500 acres of land lying in the district and were appointed by Congress to serve during good behavior. Their judicial powers extended to a com- mon law jurisdiction. Their legislative power has been given under the legislative power of the governor. A secretary was appointed by Congress to report the acts of the government to Congress. He served four years. The governor had no judicial power and the judges had no executive power. This form of government lasted ten years (1788-1798), before there was a change. The ordinance had provided that a terri- torial legislature should be established as soon as there were "five thousand free male inhabitants of full age in the district." The legislative department was to consist of three branches, — (1) The general assembly, composed of members elected by the people, to serve two years; Ordinance of 1787 43 (2) the council, chosen in the following manner : The general assembly nominated ten men and Congress chose five from the number; these five formed the council and served five years; (3) the governor. A bill originated in the assembly and if passed it was sent to the council, and if it passed this house it was sent to the governor, who might sign it or exercise absolute veto power. The governor had power to convene, prorogue, and dissolve the general assembly. Two immortal sentences that have vastly influenced legislative acts and public opinion are found in this remarkable state paper, the Ordinance of 1787 : "Religion, morality and knowledge being necessary to good government, and the happiness of mankind, schools and the means of education shall forever be encouraged. ' ' ''There shall be neither slavery nor involuntary servitude in said territory, otherwise than in the pun- ishment of crime, whereof the party shall have been duly convicted." It seems strange that men that had declared taxa- tion without representation unjust and tyrannical should enact into law this sentence: "The inhab- itants and settlers in the said territory shall be sub- ject to pay a part of the federal debts contracted or to be contracted." August 7, 1789, the President, George Washington, approved an act that gave him the same power over the northwest territory that had been held by the Congress of the confederation. 44 Great State Papers the constitution of the united states The United States tried one constitution, ''Tlie Articles of Confederation," which proved a failure. Several amendments were submitted to the states and rejected. Political chaos reigned in the govern- ment. The soldiers were on the point of rebellion; anarchy prevailed in many places. Washington and many other patriots sought to establish a more perfect government. Their early efforts were failures because of the jealousies exist- ing among the states and the different classes. But the states and the people were finally brought to- gether through their commercial interests. In 1785 Maryland and Virginia appointed commis- sioners who met at Alexandria to form a treaty of commerce concerning navigation of waters held in common. If it was wise to have common laws on commerce, it was concluded that a uniform system of currency was desirable. It was but a step to believe that what was desirable for Maryland and Virginia would be advantageous to the whole coun- try. In 1786 Virginia appointed eight commission- ers to meet with similar commissioners of other states "to consider how far uniformity in their commercial regulations might be necessary to the common inter- ests and perfect harmony." Twelve commissioners representing five states met at Annapolis in Septem- ber, 1786. The important action of this convention was a recommendation to Congress to call a conven- tion to revise the Articles of Confederation. Through Constitution of the United States 45 the influence of Hamilton and Bowdoin, Congress voted the call for a convention to meet in Philadel- phia "for the sole and express purpose of revising the Articles of Confederation." On May 14, 1787, this convention met, but did not organize until May 25, when it began the most impor- tant legislative event in the world's history. Shortly after the convention had organized it was decided that the Articles could not be amended ; then, accord- ing to the theory that was generally held and their instructions, there was nothing left to do but to go home and report their inability to do anything. But here began the assumption of power that was revolu- tionary, under the leadership of Washington, Mad- ison, and Randolph. After bitter discussion (the convention was on the point of breaking up several times) it was decided to make an entirely new con- stitution and submit it to the states for approval. The next question discussed was the nature of the government — whether it should be national or fed- eral, whether it should be based upon the people as units or upon states. The large states were in favor of a national form, while the small favored the fed- eral. After serious and dangerous discussion, Roger Sherman, the shoemaker, proposed a compromise, that the Senate should be federal, each state having equal power — the thought that the two Senators would ever vote against each other and thus, accord- ing to the federal view, lose the state's vote, never entered their minds; and that the House of Repre- sentatives should be national, the representation to 46 Great State Papers be based on population or wealth. When the con- vention had decided that representation should be based on population, there was a division between the North and South over the question of slavery, the North insisting that the slave was a chattel the same as a horse, while the South insisted that the slave was a person and should be represented. Madison proposed the compromise whereby five slaves counted as three white men, giving the South undue repre- sentation. This compromise was adopted. Were the North and South consistent? They had traded plat- forms. Earlier than this, there was a proposition made that the Congress of the confederation should proportion taxes according to population. Then the North insisted that the slaves should be counted as population, while the South held they were property. We shall see where the South forgets its new stand and holds that the slave is a thing, a matter of com- merce, before the convention adjourns. And New England agreed with the South. When the convention took up the question of the control of commerce by Congress, the New England states contended for control by majority vote ; while the southerners, fearing the abolition of the slave trade and unfair treatment by the commercial states, insisted that a two-thirds vote should be required to pass a law on commerce. The three southern states joined with New England, and as a result of their com- bined vote only a majority vote is now necessary to pass a tariff law ; while the slave trade was protected until 1808 — the slave had become a matter of commerce. Constitution of the United States 47 Other compromises were made. The most striking was an undoubted compromise between state sov- ereignty and nationalism, which is understood rather than expressed. The purpose of the convention was to establish an aristocratic or oligarchic republic and not a democ- racy. Elbridge Gerry, the father of the gerry- mander, said: "The evils we experience flow from an excess of democracy." George Mason, ''We have been too democratic." Madison, in speaking of the time when a few would own the land, said: "The rights of property will not be secure in their (the people's) hands or they will become the tool of ambi- tion and opulence. ' ' We have come to love our constitution and are so satisfied with it that it is almost impossible to have it amended, but has this always been so 1 Let us read the testimony of John Adams: "But these (patriots of the Revolution and the substantial citizens of sea- board towns) could never have succeeded in effecting the establishment of the constitution had they not received active and steady cooperation of all that was left in America of attachment to the mother country, as well as of the money interest." Callendar said: "The constitution was crammed down the gullet of America." treaty of GUADALUPE HIDALGO This treaty is of special interest to the inhabitants of the territory acquired from Mexico as a result of the Mexican War. The treaty, which was proclaimed 48 Great State Papers July 4, 1848, declares that those persons residing in the ceded territory and not electing to maintain their Mexican citizenship should be protected in their lib- erty and property and secured in the free exercise of their religion without restriction. THE CONSTITUTION OF NEW MEXICO The residents of New Mexico made many efforts before they secured statehood. August 18, 1846, General S. "W. Kearny reached Santa Fe. The next day he spoke to the people and declared his ''intention to establish in this depart- ment a civil government, on a republican basis, sim- ilar to those in our own states." Later, in a proc- lamation, he reaffirmed the declaration that New Mexico was to have a "civil government similar to those in the states." September 22 General Kearny promulgated an 07'ganic law, cr constitution, for New Mexico. This constitution provided for a governor and a legislative assembly of two houses, the members of which were to be elected by the people. December 6, 1847, the first legislative assembly met and enacted a series of laws that were approved Feb- ruary 5, 1848, by General Price, who had succeeded General Kearny. The people, becoming dissatisfied with the interfer- ence of the military, through a convention called by Governor Vigil, petitioned Congress to establish a territorial form of civil government. In an open letter of. August, 1848, Thomas H. Constitution of New Mexico 49 Benton, a powerful Senator from Missouri, advised the people of New Mexico to hold a convention and to provide a government for themselves until Con- gress should provide them with a government. Act- ing on this advice, a two days' convention, held in September, 1848, attended by nineteen delegates, adopted a constitution which was placed before Con- gress by Hugh N. Smith, who had been elected a Delegate by the convention, but Congress did not accept the constitution, hence New Mexico was not admitted to the Union. The discussion resulting from the endeavor to obtain statehood created two parties, one favoring statehood, the other a territorial form of govern- ment. But, learning the wishes of the President, all parties joined in seeking statehood. A convention, called by Colonel John Munro, Civil-Military Governor, met at Santa Fe, May 15, 1850, and was in session ten days. A constitution was adopted by the convention, and was ratified by the people on June 20. At the same election a full complement of state officers was elected. On July 1 the legislature was convened; Senators were elected, one of whom was sent to Washington to secure the approval of the constitution and the admission of the state. But before he reached Washington congress had passed the ''Compromise Bill of 1850," provid- ing, among other things, for a territorial form of government for New Mexico. The new government was established March 3, 1851. Many efforts w^ere made to induce Congress to authorize a state gov- 50 Great State Papers ernment, but Congress was generally hostile to New Mexico. The twenty-eighth territorial legislative assembly passed an act calling a convention which met in Santa Fe September 3, 1889, and in less than three weeks adopted a constitution, which was sub- mitted to Congress, where it was ignored ; and after it had been amended by the same convention, which reconvened in August, 1890, it was rejected by the people. An attempt to join Arizona and New Mexico and admit them as a single state failed in 1906. In 1910 Congress passed an "enabling act" authorizing New Mexico to hold a convention for the purpose of adopt- ing a constitution. This convention met October 3, 1910, and completed its assigned task November 21, -1910. The constitution adopted was ratified by a vote of 31,742 to 13,399. Later Congress and the President admitted New Mexico to statehood, but required the submission to the people of an amendment to the constitution which made it possible to amend the constitution more easily. The amendment was added to the constitu- tion by a large majority. CHAPTER III PREAMBLES AND DECLARATIONS OP RIGHTS CONSTITUTION OF THE UNITED STATES Adopted by the constitutional coijvention which met at Phila- delphia May 14, 1787, but for the want of a quorum, did not organize until the 25th of the same month. Of the sixty-five delegates chosen, fifty-five at- tended the convention, thirty- nine of whom signed the con- stitution on the day of ad- journment, Sept. 17, 1787. George Washington was presi- dent; and William Jackson, secretary. This constitution was rati- fied by conventions of states and not directly by the people. The states ratified the con- stitution in the following order and by the following votes: Delaware, unanimously, Pennsylvania, 46 to 23. New Jersey, unanimously. Georgia, unanimously. Connecticut, 128 to 40. Massachusetts, 187 to 168. Maryland, 63 to 11. South Carolina, 149 to 73. New Hampshire, 57 to 46. CONSTITUTION OF THE STATE OF NEW MEXICO The constitutional conven- tion for New Mexico met at Santa Fe October 3, 1910, and was in session until November 21. The constitution which it had formed was adopted by a vote of 79 to 18 ; three did not vote. Ninety-two signed the constitution and later one erased his signature. Charles A. Spiess was chosen presi- dent and George W. Armijo, secretary. The constitution was ratified by the people, at a special election, January 21, 1911, by the following vote: For the constitution, 31,742. Against the constitution, 13,899. The constitution was then submitted to the President, who transmitted it, with his approval to the sixty-first congress which adjourned on March 4, without having voted its approval. On August 21, 1911, the President signed a bill providing for the admis- 51 52 National and New IMexico Constitutions Virginia, 80 to 79. New York, 30 to 87. North Carolina by a ma- jority of 11. Hhode Island, 34 to 32. PREAMBLE ''We, the people of the Uni- ted States, in order to form a more perfect union, establish justice, insure domestic tran- quillity, provide for the common defence, promote the general welfare, and secure the bless- ings of liberty to ourselves and our posterity, do ordain and establish this constitution of the United States of Amer- ica." The preamble of a constitu- tion declares the purpose of the people in erecting a new government. While the preamble begins with "We, the people," the constitution was really the work of the states. It is now admitted that if the constitu- tion had been submitted to the people for ratification it would have been overwlielm- ingly defeated. The imperfect union under the Articles of Confederation led to a desire sion of New Mexico into the sisterhood of states. January 5, 1912, President Taft issued his proclamation making effective New Mexico 's admission as a state. The state government was organized January 15, 1912. PREAMBLE We, the people of New Mex- ico, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state government, do or- dain and establish this consti- tution. This preamble voices the sen- timent expressed in all the states — gratitude for the bless- ings of liberty, and the feeling that there is security only under state government. The national government exercised such arbitrary power in the rule of the early territories, that the people of a territory felt that they were not secure in ' * life, liberty and prop- erty" until they were j)ro- tected by a state government. Mr. Justice Campbell, in as- senting to the decision of the court in the Dred Scott case, said, ' ' The first territorial government of Louisiana [the territory of Orleans] was an Declaration of Rights 53 for a ''more perfect union." Only state courts had existed and the citizens of one state were often unable to secure justice in the courts of another state, hence "to establish jus- tice," it was necessary to es- tablish a system of courts. The states had been on the verge of war with each other and rebel- lion had existed in many of them ; a government that could ' * insure domestic tranquillity ' ' was necessary. The old form had proven itself inadequate to *' provide for the common de- fence." The members of the convention well understood the danger that beset the country. England and France each hoped to gain possession of a portion of the country, if not all, through the bickerings and quarreliugs of the states. If the blessings of liberty that had been secured 'at such sacri- fice of life and property were to be maintained, it must be by a government that would be respected by other govern- ments. DECLARATION OF RIGHTS A declaration of rights is a formal statement of popular rights whijh the government must not abridge nor deny. In 1688; when William and Mary imperial one founded upon a French or Spanish model." In Congress, in speaking of the same government, Mr. Campbell declared in 1804, ' ' It really establishes a complete despotism. ' ' It is true that this early ter- ritorial government was repug- nant to the American political conscience, and congress soon changed the form, giving a ter- ritorial legislature control over local interests. Yet this could be withdrawn at any time. The Supreme Court has held that, ''It (Congress) may de- clare a valid enactment of the territorial legislature void, or a void enactment valid, although it reserved in the organic act no such power." DECLARATION OF RIGHTS The necessity of a distinct declaration of rights in the constitution of a republic is net so obvious as it is in a monarchy. 54 National and New Mexico Constitutions came to the throne of England, parliament issued a declaration of rights which the new sov- ereigns accepted. It is usually said that the constitution in its original form contained no such decla- ration, but there are at least seven such declarations. In 1791 the first ten amendments were added to the constitution ; these amendments are usually designated as the declaration of rights of the national con- stitution. The colonies issued declarations of rights in 1765 and 1774, which have influ- enced the members of every constitutional convention held in America. The following provisions are taken from the English decla- ration of rights: ''That it is right for sub- jects to petition the king." "That the raising or keep- ing of a standing army * * * unless it be with the consent of parliament, i s against the law." "The freedom of speech, and debates or proceedings in parliament ought not to be im- peached or questioned in any court or place out of parlia- ment. ' ' Guarantees against heredi- tary monarchs may be needed, but it seems the people hardly need such guarantees against themselves. Yet, when the nation and states began constitution mak- ing, public opinion did not in- fluence the acts of the govern- ment so readily as now, and there was a distinct need of such provisions. But the con- stitution makers of the state understood the real power of the people, as evidenced by the following declaration : Art. II, Sec. 2. All politi- cal power is vested in and de- rived from the people; all gov- ernment of right originates with the people, is founded upon their will and is insti- tuted solely for their good. This declaration distinctly states that the people are not the government but are the creators of the government. The people are supreme. The government is their servant, and when it fails to do their bidding it may be altered, re- formed or abolished. This doctrine is set forth in nearly every state constitution. Religious Freedom 55 Religious Freedom and Freedom of Speech. CONSTITUTION OF THE UNITED STATES Article I (Amendment 1). Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and petition the government for a redress of grievances. Article VI of the constitu- tion provides, ' ' No religious test shall be required as a qual- ification to any office or pub- lic trust under the United States." These are the only provisions in the federal con- stitution upon these subjects. While congress is prohibited from establishing and support- ing out of the treasury a na- tional church. Judge Cooley says : * ' The courts of the union and the states, in ad- ministering the common la^Y, find it necessary to take notice that the prevailing religion of the country is Christian, ' ' Congress has never attempted to violate the first clause, Arti- cle I, but the second and third have been notoriously broken. CONSTITUTION OF NEW MEXICO Art. II, Sec. 5. The rights, privileges a n d inmiunities, civil, political and religious, guaranteed to the people of New Mexico by the treaty of Guadalupe Hidalgo shall be preserved inviolate. Art. II, Sec. 11. Every nmn shall be free to worship God according to the dictates of his own conscience, and no person shall ever be molested or denied any civil or political right or privilege on account of his religious opinion or mode of religious worship. No person shall be required to at- tend any place of worship or support any religious sect or denomination ; nor shall any preference be given by law to any religious denomination or mode of worship. Art. II, Sec. 17. Every per- son may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given 56 National and New Mexico Constitutions The sedition law is an example of the violation of the seconrinci2)le of true de- mocracy when it declares that the * * military shall be in strict subordination to the civil power." In a monarchy the military is in complete control of the government. This puts the general as- sembly in complete control of all questions of war, of arming and equipping the militia and 58 National and New Mexico Constitutions The maxim of the common law, '^ every man's house is his castle," is, in Article III, made part of the constitution. leaves the governor, the com- mander-in-chief, to carry out its directions. Protection Against Unreasonable Searches. Art. IV (Awendment IV). The right of the i)eople to be secure in their persons, houses, papers, and effects, against un- reasonable searches and seiz- ures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ''A warrant is an authority to do some judicial act, a power derived from some court to take some person or prop- erty. ' ' In law, search warrants are divided into two classes, gen- eral and special. The former is issued without the name of the place to be searched or the thing to be seized. Slaves were nerv'er treated as coming under this provision. Art. II, Sec. 10. The people shall be secure in their per- sons, papers, homes and effects, from unreasonable searches and seizures, and no warrant to search any place, or seize any person or thing, shall issue without describing the place to be searched, or the persons or things to be seized, nor with- out a written showing of prob- able cause, supported by oath or affirmation. This prevents an officious of- ficer from harassing any one he pleases and from commit- ting robbery in the name of the law. Just before the rev- olution, Great Britain issued general warrants, called writs of assistance, which were used to intimidate the people. The effect has been that this safe- guard is in every state, as well as in the national constitution. Trial by Jury in Criminal Cases and the Eight of the Defendant and Eight of Eminent Domain. Art. V (Amendment V), No person shall be held to an- Art. II, Sec. 14. No person shall be held to answer for a Property Rights 59 swer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be de- prived of life, liberty or prop- erty, without due process of law ; nor shall private property be taken for public use, with- out just compensation. Art. VI (Amendment VI). In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been com- mitted, which district shall have been previously ascer-^ tained by law, and to be in- formed of the nature and cause of the accusation; to be con- capital, felonious or infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the militia when in actual service in time of war or public dan- ger. In all criminal prosecu- tions the accused shall have the right to appear and de- fend himself in person, and by counsel; to demand the nature and cause of the accusation; to be confronted with the wit- nesses against him; to have the charge and testimony inter- preted to him in a language that he understands; to have compulsory process to compel the attendance of necessary witnesses in his behalf, and a speedy public trial by an im- partial jury of the county or district in which the offense is alleged to have been com- mitted. Art. II, Sec. 15. No person shall be compelled to testify against himself in a criminal proceeding, nor shall any per- son be twice put in jeopardy for the same offense; and when the indictment, information or affidavit upon which any per- son is convicted charges dif- ferent offenses or different de- grees of the same offense and a new trial is granted the ac- 60 NxVTIONAL AND NeW MeXICO CONSTITUTIONS fronted with the Avitnesscs against him; to have compul- sory process for obtaining wit- nesses in his favor; and to have the assistance of counsel for his defence. "No person" referred orig- inally to free white people. Negroes were often proceeded against without indictment. But since the fourteenth amendment the expression ' ' no person" undoubtedly has a broader meaning. An indictment is a written charge of crime presented to a grand jury and by them certi- fied to be a " true bill, ' ' or * ' not a true bill. ' ' A presentment is a formal accusation by a grand jury from their own knowledge, without any bill of indictment laid before them. In time of peace no one, ex- cept a member of the army or navy, can be tried for treason, piracy or felony unless an in- dictment has first been lodged against him and found to be a true bill by the grand jury. But congress has power to pro- vide for the punishment of military and naval offenses in the manner practiced by civil- ized nations. If a person is tried for a (Used, he may not a^ain be liicd for an offense or degree of the offense greater than the one of which he was convicted. Art. II, Sec. 18. No person shall be deprived of life, lib- erty or property without due process of law; nor shall any person be denied the equal pro- tection of the laws. Art. II, Sec. 20. Private property shall not be taken or damaged for public use with- out just compensation. The right to take private property for public u s e is called the right of eminent domain. In 1215 the English people embodied the common law on the subject of eminent domain in the Great Charter as f o 1 1 w s : " No freeman shall be taken or imprisoned or disseized of his freehold, or liberties, or otherwise de- stroyed but by lawful judg- ment of his peers, or by the law of the land." But this does not provide compensation as required by American constitutions. There is no provision for taking pri- vate property for private use. The right of eminent domain exists in state and nation, and is sometimes delegated to pri- vate corporations to be exer- Rights in Criminal Proceedings 61 crime and acquitted by a petit juiy and again put on trial for the same offense then he has been ' ' twice put in jeopardy. ' ' cised in the execution of work from which the public will re- ceive some benefit. Navigable rivers or lakes cannot become l)rivate property. Right of Trial by Jury in Civil Cases and the Common Law. Art. VII (Amendment VII). In suits of common law, where the value in controversy shall exceed twenty dollars, tho right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re- examined, in any court of the United States, than according 1 the rules of the common law. The common law here allud- ed to is the Common Law of England and not of any state. The common law or lex non scriptu in those immemorial customs of the courts that date back into English history so far that mind of man runneth not to the contrary. The com- mon law holds where no statute has been passed to the con- trary. There are two juries, the grand and the petit. The grand jury consists of not fewer than sixteen nor more than twenty-three, any twelve of whom may find an indiet- rneut to be a true bill. They Art. II, Sec. 12. The right of trial by jury as it has here- tofore existed shall be secured to all and remain inviolate. In all cases triable in courts in- ferior to the district court the jury may consist of six. The legislature may provide that verdicts in civil cases may be rendered by less than a unani- mous vote of the jury. There is no direct provision in the New Mexico constitution concerning the English com- mon law. In 1876 the legisla- ture passed an act makmg the common law a part of the law of New Mexico. The couits of the state adopt the principles that are adapted to the cir- cumstances, state of society and form of government. The national and state jury s} stem : The grand jury consists of twenty-one members and the petit of not fewer than twenty- four, twelve of whom try any issue before the court. 62 National and New Mexico Constitutions sit in secret sessiou and look into all charges of crime com- mitted in their district, and, if they are satisfied that there is sufficient evidence against the accused to justify a formal trial, they return the indict- ment to the court, with the proper indorsement. The petit jury tries both criminal and civil cases in open court and renders a decision after both sides have been Iieard. It consists of twelve men, all of whom must agree to the verdict. Jn the court of the justice of the peace the jury consists of six. The grand jury consists of twenty-one members; twelve members may find an indict- ment to be a "true bill." Excessive Bail. Art. VITI (A m end m en t VIII). Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is taken word for word from the Eng- lish Bill of Eights. ''Bail is delivery from custody on se- curity. ' ' Bail should not be fixed at a Slim so large as to purposely jirevent a person from secur- ing it. Art. II, Sec. 13. All persons shall be bailable by sufficient sureties, except for capital of- fenses, when the proof is evi- dent, or the presumption great ; excessive bail shall not be re- quired; nor excessive fines im- posed; nor cruel and unusual jiunishments inflicted. ' ' That reasonable bail shall be accepted is an admonition addressed to the judgment and conscience of the court or magistrate empowered to fix the amount; it is impossible that a definite rule shall be established by law for particu- lar cases." — Judge Cooley. Restrictions op Legislature 63 Certain Rights Reserved. Art. IX (Amendment IX). The enumeration in the consti- tution of certain rights shall not be construed to deny or disparage others retained by the people. Art. X (Amendment X). The powers not delegated to the United States by the con- stitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The government of the United States can exercise only those powers which are dele- gated to it by the constitution, while the state governments may exercise any power not denied to them by the national and state constitutions. The chief distinction between the leading political parties has grown out of the question whether the national govern- m.ent is limited to the expressed declarations of the constitution or whether it may exercise im- plied powers. Art. II, Sec. 23. The enu- meration in this constitution of certain rights shall not be construed to deny, impair, or disparage others, retained by the people. The rights retained by the people are stated in the decla- ration of rights in the consti- tution. The government of the state can do anything not expressly denied by the constitutions of the state and nation, since the constitution in general terms vests the legislative powei in the legislators, the executive power in the governors, the ju- dicial power in the courts, with- out restriction upon the use of these powers, except as stated in the constitution. Writ of Habeas Corpus. Art. I, Sec. 9. 2. The privi- lege of the writ of habeas cor- pus shall not be suspended, un- less when, in cases of rebellion Art. II, Sec. 7. The privi- lege of the writ of habeas cor- pus shall never be suspended, unless in cases of rebellion or 64 National and New Mexico Constitutions or invasion, the public safety may require it. Habeas corpus is a Latin phrase meaning "you may have the body." It is a writ that commands a person having an- other under arrest to bring him into court and give the cause Oi his arrest. If the judge is not satisfied that the prisoner is legally held, he releases him. This prevents the arrest and detention of persons without good and sufficient reasons. The question is, which branch of the government has the right to suspend the privilege of the writ. During the civil war, the executive assumed the right, but later congress passed a law legalizing the suspension, thus indicating that it believed that the right belonged to the legis- lative branch. invasion the public safety re- quires it. The New Mexico constitution leaves in doubt the question, who has the power to suspend the writ of habeas corpus. The suspension of a law is a legislative not an executive act, and is properly exercised by the legislature. As the national constitution makers left the matter in doubt, so did the state's. Colorado's ''Bill of Rights" contains a section identical with this section. The supreme court of the state decided that the governor had the right to Suspend the right to the writ and the District Court of the United States sustained the decision. Right of Persons in Cases of Impeachment and Who May Be Impeached. Art. I, Sec. 3 (Clmise 7). Judgment, in case of impeach- ment, shall not extend further than to removal from oiBce, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall, nevertheless, be liable and subject to indict- Art. ^^ Sec. 36. All state officers and judges of the dis- trict court shall be liable to impeachment for crimes, mis- \ demeanors and malfeasance in office, but judgment in such cases shall not extend further than removal from office and disqualification to hold any of- fice of honor, trust or profit, or Various Restrictions 65 ment, trial, judgment, and punishment, according to law. The president, vice-presi- dent, and all civil officers may be impeached. It has been held that a congressman is not a civil officer and not impeach- able. The men and officers of the navy and army cannot be impeached but are tried for of- fenses by courts-martial. to vote under the laws of this state; but such officer or judge, whether convicted or acquitted shall, nevertheless, be liable to prosecution, trial, judgment, punishment or civil action, ac- cording to law. No officer shall exercise any powers or duties of his office after notice of his impeachment is served upon him until he is acquitted. The question of the power to impeach a member of the gen- eral assembly has never been raised. It is most probable that the opinion of the federal senate, that a legislator cannot be impeached, would be ac- cepted. Such a power could be greatly abused for political purposes. The governor, judges and all state officers may be impeached. Bill of Attainder, Ex Post Facto Law and Law iMPAiRiNr; THE Obligation of Contracts. Art. I, Sec. 9. 3. No bill of attainder, or ex post facto law, shall be jiassed. Art. I, Sec. 10 (Clause I). No state shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. The national as well as the state constitution prohibits the state from passing laws impair- Art. IX, Sec. 19. No ex post facto law, bill of attainder, nor law impairing the obliga- tion of contracts shall be enacted by the legislature. In view of Article I, Section 10 of the constitution of the United States, this section (19) was wholly unnecessary, for the national constitution de- clares: no state shall enter into CG National and New Mexico Constitutions ing the obligation of contracts, but no restriction is put upon congress. Neither congress nor the legislature can pass an ex post facto law. An ex post facto law is a statute that af- fects crimes that were com- mitted before the law was passed or that makes criminal, acts that were lawful when performed. A bill of attainder is a legislative act inflicting punishment upon a person without a trial in court before a jury. any treaty, alliance or confed- eration; pass any bill of at- tainder, ex post facto law or law impairing the obligation of contracts. The student should discrim- inate between ''l)ill of attain- der" and "attainder." At- tainder is the act of extin- guishing one 's civil rights, be- cause of crime. In the United States, it is entirely a power of the judiciary. Art. Ill, 3, 2^ of the national constitution places restrictions on the use of tiie power as follows: The congress shall have power to declare the punish- ment of treason; but no at- tainder of treason shall work corruption of blood, or forfeit- ure, except during the life of the person attainted. Titles of Nobility and Presents. Art. I, Sec. 9, clause 8. No title of nobility shall be grant- ed by the United States: and no person holding any office of profit or trust under them shall, without the consent of the congress, accept of any present, emolument, office, title of any kind whatever, from any king, prince, or foreign state. The United States, is prohib- ited from granting titles of no- bility and no officer*is allowed to accept of any title, office, etc., from a foreign power, but a private citizen may. The state government is for- bidden to create titles of nobil- ity by the national constitu- tion. Hamilton declared this pro- vision to be the corner stone of the republic. Various Restrictions 67 Eight of Accused and Change of Venue. Art. Ill, Sec. 2, clause 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where said crimes shall have been commit- ted; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. This does not apply to mili- tary offenders or private citi- zens who offend the law when the district is under military rule. Eead Section 14, Article II. The state can not try a prisoner in any other country than the one in which the indictment Avas brought unless the pris- oner demands that he be tried in some other county, and pre- sents sufficient evidence to con- vince the judge that he, the prisoner, would not receive justice because of the preju- dice of the community against him. It is usually held that the right of a change of venue lies with the prisoner and not with the stale, but Judge Medler has held that the state may ask for a change of venue from one county to another within the same judicial district. The Su- preme Court has not decided the question at this writing. Kestriction on the Abridgement of Suffrage Art. XV (Amendment XV). 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servi- tude. Art. XXI, Sec. 5. This state shall never enact any law re- stricting or abridging the right of suffrage on account of race, color or previous con- dition of servitude. CHAPTER IV LEGISLATIVE DEPARTMENT THE NATION The law enacting power of the nation is vested in the president and congress. When a bill has passed both houses of congress, it is sent to the president, who, if he approve of it, will sign and thereby make it a law. If he disap- prove of it, it is returned to congress, which may, by a two- thirds vote, pass the bill over the president's veto. The president and the sen- ate, in the treaty-making pow- er, enact laws without the con- sent of the house. Executive duty. — The senate is given the power to approve or reject the appointments of the president. The appoint- ment of the officers of congress has been held to be a legisla- tive act. The house has the sole power of impeachment. To impeach is to formally accuse one in high office. Impeaeh- THE STATE The legislative power of the state is vested in the legisla- ture, consisting of a house of representatives and a senate and the governor. A bill may originate in either house and when it has, in each house, received the affirmative vote of a majority of the members present, pro- vided that a quorum is present, and has been signed by the presiding officer of both houses and the governor the bill is a law. For the exercise of the veto power see below. The state has no treaty- mak- ing power. [See Article I, Section 10, clause 1 of the na- tional constitution.] Executive duty. — The senate must confirm or reject the ap- pointments of the governor. This right gives the senators great influence vrith. the exec- utive. The house has sole power of impeachment, but a majority of the members must concur therein. The governor, judges, 68 Congress and Legislature 69 ment corresponds to indict- ment in the courts. This is purely an executive act. The court cannot try a person for crime until he is brought be fore it by an executive ofUcer. Terms, salary and qualifica- tions. — A senator serves six years and a representative two years. Each receives $7,500 annually and twenty cents for each mile traveled between his home and Washington. A per- son, to be eligible to the office of representative, must have attained the age of 25 years, and have been a citizen of the nation for seven years, and an inhabitant of the state from which he is chosen; but to be eligible to the office of senator, a person must be at least 30 years of age, and have been nine years a citizen of the na- tion and an inhabitant of the state by which he is elected. Election. — Senators and representatives are elected by the people. Apportionment. — Each state has two senators and a repre- sentative for each 212,407 per- sons. Each state whose popu- lation is less than the number required for a representative, is entitled to one member of the house. and all state officers may be impeached. A person under indictment or impeachment is innocent be- fore the law until he is declared guilty by judicial action. Terms, salary and qualifi- cations. — A senator is elected for a term of four years and a representative for two years. Each member receives five dol- lars per day for each day he is present in legislative meet- ings and mileage of ten cents per mile each way. Any voter may be elected a representa- tive, or if he has attained the age of twenty-five years, a senator, j^rovided that he has been a resident of New Mexico for the three years next pre- ceding his election. Election. — Senators and representatives are elected by the people. Apportionment. — For the election of senators there are twenty-four districts and for reijreseutatives there are thirty districts. The legisla- ture is composed of twenty- four senators and forty-nine representatives: Senators and 70 National and New Mexico Constitutions There are ninety-six sena- representatives are a p p o r - tors, and 435 representatives tioned to the districts aecord- at present (1914). ing to population. After each decennial census When several counties ap- congress apportions among the pear in one district, such dis- Sl'ates the members of the trict is often called a float dis- lower house, and the state leg- triet. islatures divide the states into Eefer to Article IV of the congressional districts, always state constitution and find having regard for county what district or districts your lines. county is in and fill the foUow- The party in the majority ing blanks: usually combines counties in such a way as to give it as Name of county great a number of the repre- No. of senatorial districts, sentatives as possible. Where political interests and not justice determine the forni No. of representative districts, of the district, the legislature is said to have * ' gerrymand- ered"* the state. This prac- tice originated in Virginia in Senators 1788 when the enemies of Madison schemed, unsuccess- fully, to defeat him because of his friendship for the consti- Representatives tution. Under the leadership of Gerry, the governor, the Massachusetts legislature re- districted the state so unjustly that out of derision the name is your county in a float dis- gerrymander was given to the practice. trict ? Vacancy. — When a vacancy ,^—, ^ Vacancy. — when a vacancy *Pronounce the "g" hard. , Congress and Legislature 71 occurs in either house of con- gress, it is the duty of the gov- ernor to call an election to fill such vacancy. In cases of vacancy in the senate the state legislature may empower the governor to make temporary appointments of a senator un- til the people fill the vacancy by election. Time of meeting. — Congress meets on the first Monday in December of each year, and ad- journs on March 4 of odd years and at its OM'n discre- tion in even years. Quorum. — A majority of the members of each house shall constitute a quorum, and a majority of a quorum may pass a bill. A quorum is the num- ber of members required to transact business. Vice-president of the United States. — The vice-president is a legislative officer with very little power. He presides over the senate and casts the decid- ing vote in case of a tie. Dig- nity is added to his office by the fact that he is first in the I'ne of succession to the presi- dency. Salary, $12,000. Formerly the vice-president appointed the committees of the senate but that power has now been taken from him. occurs in either house, it is filled by a special election. A person elected to fill a vacancy in either congress or the legis- lature serves for the unexpired term. Time of meeting. — The leg- islature meets at twelve o 'clock noon, on the second Tuesday ill January of odd years. Quorum. — A m a j o r i t y of each house constitutes a quor- um for doing business. A bill must receive the votes of a majority of the members pres- ent and voting before it passes either house. Lieutenant-governor. — The lieutenant-governor is the pre- siding officer of the senate ex- officio and as such is a legisla- tive officer. In his absence, a president pro tern acts in his place. The lieutenant-gover- nor may cast the deciding vote in case of a tie. In the absence of the governor other officers may exercise executive poAvers. Salary, $10.00 per day while acting as presiding officer of the senate. While acting as 72 National and New Mexico Constitutions The Speaker of the House. — With the exception of the president, the speaker was the most important officer in America until 1910. He ap- pointed all committees and generally controlled the course of legislation. Now standing committees are elected by the house, and the speaker's im- portance is problematical. Yet as presiding officer of the house, he no doubt will con- tinue to exert a great influence. Salary, $12,000. Judicial duties. — The senate sitting as a court, tries all cases of impeachment, and, if two- thirds of the member's vote to sustain the impeachment, the person upon trial is removed from office and may be dis- qualified from holding any po- sition of honor or trust in the United States. The senators take oath as judges and two-thirds oi .iiose present must concur in a ver- dict or there is no conviction. When the president is on trial the chief justice presides. Initiative. — All bills that levy taxes shall originate in the house, but the senate may reject or amend a bill provid- ing revenue. Bills on all other subjects maT originate in either house. governor he receives the same salary as that of the gover- nor. The Speaker of the House. — The presiding officer of the house is the speaker, who is a niember and has one vote on all questions before the house. Since he appoints standing committees, he exerts a most important influence on the course of legislation. He ap- points many special commit- tees. Salary, $5,00 per day while the legislature is in ses- sion. Judicial duties. — The senate has jurisdiction of all cases of impeachment. At the trial of the person impeached the sen- ators are under oath to do jus- tice, and two-thirds of the members elected to the senate nuist concur in a verdict or the accused stands acquitted. When the governor or lieu- tenant-governor is on trial, the chief justice of the state p:c- sides. Initiative. — Bills on any sub- ject may originate in either house. CHAPTER V POWERS OF CONGRESS All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. — Article I, section 1, Constitution of the United States. The constitutional convention provided for the leg- islative branch before discussing the executive branch of the government. After having made the above declaration, the convention gave the President legis- lative power. Congress really consists of three bod- ies, the Senate, the House of Representatives, and the President. The three are not coordinate in power, since the Senate and the House may pass a bill over the President's veto. Again, the President and Sen- ate have legislative power; the constitution gives to them the power to make treaties, which the constitu- tion declares to be a part of the supreme law of the land. The House has the exclusive right to originate revenue bills. The constitution specifies the subjects concerning which Congress may legislate. Under the head '' Congress shall have power," there are eighteen clauses specifying to what subjects the legislative power extends: 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; 73 74 Powers of Congress but all duties, imposts and excises shall be uniform throughout the United States. Money is absolutely necessary to the effective exist- ence of any government. Mr. Fiske says that the organization wliich levies and collects taxes is the government. The absence of the power to collect taxes was the weak part in the government under the Articles of the Confederation. Of the four words, taxes, duties, imposts, and excises, the first is the most general; taxes are divided into two classes, direct and indirect. The supreme court has decided that direct taxes are of two kinds only: (a) ''those on real property, and (h) capitation or poll tax." All other taxes are indirect. Duties are the taxes levied on imported goods, and excises are taxes levied on goods manufactured at home ; in the United States, internal revenue is generally used instead of excise. "The tax is levied by the consent of many; the impost is imposed by the will of one." Any tax levied by Congress upon the inhabitants of a territory or colony is an impost, since it is levied by the will of a government in which the territory has no voice. 2. To borrow on the credit of the United States : The following amendment to the constitution was added that income taxes might be collected: "Arti- cle XYI. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumera- tion." In time of peace the expenditures of the govern- Naturalization 75 ment ought not to exceed its income. Nor should its income be greatly in excess of its necessary expendi- tures, for the accumulation of a surplus in the treas- ury often leads to extravagance and sometimes to fraud. But in case of war the power to borrow money is necessary. Jefferson wanted the constitu- tion amended so that Congress could not borrow money. • The government has two ways of borrowing, first by issuing bonds which it sells to anyone who will buy, and, second, by issuing a paper currency which it compels its creditors to accept. 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes : The experience of the states, when each state regu- lated its own commerce, had led to the constitutional convention. Each discriminated against the others in matters of tariff. No wiser clause is found in the constitution. The free commercial intercourse be- tween the states has been the cause of the material prosperity of our country. The Indians have always been treated as a subju- gated people. The government has made treaties with them as though they were foreign nations. 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcy throughout the United States : Naturalization is the act whereby a foreigner is made a citizen. Citizenship is not defined either by constitution or statute of the state or nation. Attor- ney General Bates has given the following definition : 76 Powers of Congress "A citizen is a member of the body politic, bound to allegiance on the one side, and entitled to protection on the other." Citizens are of two classes, native- born and naturalized. The children of citizens of the United States are citizens of this country, whether born at home or in some foreign land. The children of naturalized persons become citizens by the act of naturalization of their parents, provided they are not yet twenty-one and are residing in the United States. Only white people and persons of African descent or nativity can become citizens of the United States by naturalization. To become a citizen of the United States the for- eigner must declare upon oath ''his purpose to be- come a citizen of the United States and to renounce all allegiance to any foreign prince or state." Two years after this declaration, provided he has been a resident of the nation five years and of the state one year, he may apply for admission to citizenship, but he must renounce all allegiance to his prince or state. The President and Senate have negotiated treaties with several foreign countries for the protection of naturalized citizens and their property, but if one returns to his former country, a two years' residence is held to be a renunciation of his naturalization. Bankruptcy is the legal discharge from debt. While it frees a person from his financial obligalbi.s and enables him to begin business again, it doe3 i:ot release him from his moral obligations. Bankrupt laws are not very popular, are passed only in cases of panics, and are soon repealed. Only four bank- Money 77 rupt laws have been passed by Congress. These four laws have covered a period of eighteen years. The law which went into effect in 1898 has not yet been repealed. 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures : . A uniform system of money has increased com- merce between the states. In Article I, section 10, the states are forbidden to "make anything but gold and silver coin a tender in payment of debts," or to *'coin money." In 1792 an act carrying out the provisions of this clause was passed. On the sugges- tion of Jefferson the decimal notation was adopted and the dollar became the unit. All coins less than one dollar in value are called subsidiary. While Congress is given the power to fix the standards of weights and measures, the same power is not denied to the state, hence there is lack of uniformity. 6. To provide for the punishment of counterfeiting the securities and coin of the United States : The penalty for making or passing counterfeit coin, bank-notes, greenbacks, bonds, etc., is a fine not exceeding $5,000 and imprisonment not exceeding fifteen years. 7. To establish post offices and post roads : The importance of a postal service was recognized as early as 1775, when the Continental Congress established a postal department and appointed Ben- jamin Franklin Postmaster General of the United 78 Powers of Congress Colonies. The Articles of Confederation gave Con- gress real power ever postal affairs. All postmasters receiving a salary of $1,000 or over are appointed by the President and confirmed by the Senate. All others are appointed in the post- master general's department, and ''receive the rents from boxes, and a percentage on the sale of stamps and other office receipts." A writer in Harper's Round Tabic is responsible for the followitig: *'In 1658, early in the reign of Louis XIV, M. de Velayer established a private pennj^ post. Boxes were set up at the street corners for the reception of let- ters. Offices were opened in various quarters of Paris; collections were made once a day from the street boxes, followed many hours later by a single delivery, and thus the first post-office in the world was established." 8. To promote the progress of science and useful arts, b}^ securing, for limited times, to authors and inventors, the exclusive right to their respective writ- ings and discoveries : Copyrights are granted to authors, and patents to inventors. Books, pictures, charts, etc., whatever their character, can be copyrighted. The copyright gives an author exclusive right to publish his pro- duction for twenty-eight years. At the expiration of this period, the copyright may be renewed for fourteen years longer. Any invention may be patented for a period of seventeen years, and the period may be extended Army J Navy 79 seven years by the commissioner of patents, provided the patentee has ''failed to receive a suitable return for his time, ingenuity and expense." 9. To constitute tribunals inferior to the supreme court : Congress has established the circuit and district courts, the court of claims, and the circuit court of appeals. These courts have been discussed in the chapter on judiciary. The court-martial was established to try offenders against military law and belongs to military rather than to the civil government. 10. To define and punish piracies and felonies com- mitted on the high seas, and offenses against the law of nations: Piracy is robbery on the high seas. Felony on the high seas has never been defined by Congress. 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: One of the interesting facts brought out by the Spanish-American War is that the President may veto a declaration of war. Of course, the resolution declaring war may be passed over the President's veto, but a war declared in such a manner would not be carried on very effectively, since the Commander- in-chief was opposed to it. Marque is the boundary of a country. Letters of marque and reprisal are commissions held by citizens of one country to cross the boundary of another and seize persons and property. The word reprisal sug- 80 Powers of Congress gests that the letters are granted against a country that has done some injury to the government grant- ing the same. But acts coming under this clause are repugnant to American principles, and our nation has taken advanced grounds on privateering. The orders of the President in the last war are indicative of American feeling upon the question. They are as follows : ''In the event of hostilities between the United States and Spain, it will be the policy of this govern- ment not to resort to privateering. The government will adhere to the following rules : ''First, neutral flag covers enemies' goods, with the exception of contraband of war; "Second, neutral goods not contraband of war are not liable to confiscation under enemies' flag. "Third, blockades, in order to be binding, must be effective. ' ' 12. To raise and support armies; but no appropri- ation of money to that use shall be for a longer term than two years: Without the power to raise and support an army the power to declare war would be useless. Th^it the army may be effective in time of war, a small standing army in time of peace is necessary. From 1866 to the late war the standing army numbered 25,000 men, but the war in the Philippines has made an increase in the number necessary. Under the ad- vice of Hamilton, a military training school was established' at West Point. 13. To provide and maintain a navy: Army; Navy 81 The navy has always been the pride of the Amer- ican people and it has been much easier to build up a large and effective navy than to increase the stand- ing army. When George Bancroft was Secretary of the Navy he induced Congress to establish the Naval Academy at Annapolis. 14. To make rules for the government and regula- tion of the land and naval forces: This clause put the army and navy under the con- trol of civil authorities, and lessens the dangers of a standing army. 15. To provide for calling forth the militia to exe- cute the laws of the Union, suppress insurrections, and repel invasions : Since it has been the policy of the nation to have a small standing army, it was necessary to provide for some speedy method of recruiting the army with trained men when an emergency demanded imme- diate action. In the war with Spain the greater part of the volunteer portion of the army was re- cruited from the militia of the states. In the war of 1812, some of the states claimed that the militia could not be called into service of the United States until their section of the country was invaded, but in 1898 not a state made such a claim. 16. To provide for organizing, arming, and dis- ciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the ap- pointment of the officers and the authority of train- 82 Powers of Congress ing the militia according to the discipline prescribed by Congress : A law passed in 1795 gave the President power to call out the militia at his own discretion. ''While in actual service, the militia are paid the same as the regular troops and are subject to the same rules." Every able-bodied male citizen of the United States between the ages of 18 and 45 may be required to do military duty as a member of the militia. 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of government of the United States; and to exercise like authority over all places purchased, by the con- sent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings: Congress exercises absolute authority over the Dis- trict of Columbia. The residents have no right to vote, nor any voice in the government of the district ; the President is the chief executive and Congress is the only legislative body, yet Washington is one of the best ruled cities in the world. 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing poAvers, and all other powers vested by this constitu- tion in the government of the United States, or in any department or officer thereof: This clause is the virile and the most important of the eighteen clauses and has caused more discussion Strict and Loose Constructionists 83 than all the rest of the constitution. This clause has made political parties possible. Two words of the above clause have caused all the discussion. One class of statesmen argued that a law must be absolutely necessary to be constitutional, while another class held that a law which is proper is constitutional. Jefferson and Madison were strong advocates of the doctrine that the government could do just what the constitution said it might do, and nothing else. The constitution gave Congress power to establish post roads, but it did not say anything about building roads; therefore, with a strict construction of the constitution Congress could establish a post road over the Alleghany Mountains, but could not pay a man for ''blazing" a way through the forest; again, it could establish a post road over the Rocky Mountains, but could not aid in the building of the Union Pacific. Men who have held this belief have been called ''strict constructionists." Hamilton was the author of the doctrine of implied powers. He held that the power to establish a post road carried with it the power to build the road. Those who have agreed with him have been called "loose constructionists." These tests have been applied to every clause in this section of the constitution. But the party in power has always conducted the government on loose construction principles, while the party out of power has stood for strict construction principles, no matter what had been its previous belief. CHAPTER VI THE EXECUTIVE DEPARTMENT THE UNITED STATES The cliicf executive power is vested in a president. Qualifications. — A person must be thirty-five years of aue, a natural born citizen, and must have resided in the United States fourteen years (which need not iunuediately precede election) to Vo eligible to the office of president. Election. — The ])resideut is regularly elected on the second Monday of January of every fourth year by electors previ- ously chosen by the voters of each state. NEW MEXICO Tlie sujireme executive power is vested in a governor. Qualifications. — To be eli- gible to the office of governor of New Mexico, one must be a citizen of the United States, thirty years of age, a voter, and have resided within the slate the five years next pre- ceding his election. Flection. — The governor of New Mexico is regularly elected by the voters of the state in leap years, on the first Tues- day after the first Monday in November. Define majority. Distinguish between majority and plurality. Read Article XII of the Amendments to the National Constitution, to learn what occurs when the electors fail to elect a President or Vice- President. Did electors ever fail to elect a Presi- dent ? Presidential Election. On the first Tueeday after the first Monday in November of every leap year the qualified voters of each state choose its Electors, wlio are charged with the duty of electing the President. The number of electors chosen by any state is determined by the total number of senators and representa- tives in congress from the state. Then on the second Monday of the succeeding January the 84 WILLIAM c. McDonald Governor of New Mexico Executive Department 85 electors of each state meet at their respective state capitols, usually in the office of the Secretary of State, and vote for president and for vice-president. When they have voted for president, the electors count the votes and declare the result. Then they vote for vice-president, count the votes and declare the result. A certificate certifying that the electors have met, and cast their votes, vrith the result thereof, is made out, signed and sealed in triplicate; one copy is forv^^arded by mail to the presiding officer of the senate and the other copy is carried to the same officer by a messenger chosen from the electors and the third copy is filed with the nearest district court of the United States. When these certificates are received at Washington, they are placed in a safe in the private office of the president of the senate, where they remain until the second Wednesday of February, when they are opened in the presence of both houses of congress, in the hall of representatives, at one o'clock in the afternoon. The president of the senate presides at this meeting. Each house has previously chosen two tellers to take charge of the certificates, to read them and to tabulate the result, which is declared by the presiding officer. If there is no contest this ends the proceedings of the joint session. The president is not formally notified of his election. New Mexico Voting for President. On January 13, 1913, the Honorable E, C. de Baca, Las Vegas, the Honorable S. D. Stennis, Jr., Carlsbad, and the Honorable J. H. Latham, Lake Valley, presidential electors for New Mexico, met in the senate chamber at Santa Fe to cast the vote of the state for president and for' vice-president. The Honorable Antonio Lucero, secretary of state, adminis- tered the oath of office required of all state officers. The Hon- orable E. C. de Baca stated the purpose of the meeting aim then the three men proceeded to cast their votes for president After announcing the result, the electors voted for vice- president and announced the rciu'.t. 86 National and New Mexico Constitutions Then three copies of a certificate were made, certifying that ' * three votes have been cast for Woodrow Wilson for president" and *' three votes have been cast for Thomas R. Marshall for vice-president." One copy of this certificate was mailed by the secretary of state to the president of the senate. One copy was carried to the same ofiicer by Mr. Stennis, as messenger, and the third S. D. STENNIS. JR., E. C. DE BACA, J. H. LATHAM New Mexico Votiug for rresident copy was deposited with W. H. Pope, Judge of the District Court of the United States. The Governor and other state ofiicers and many citizens from all parts of the state were present during the meeting of the electors. Method of Choosing Electors. There was no uniformity in the method of choosing electors at the first presidential election. In five states: Connecticut, Delaware, Georgia, New Jersey, South Carolina, the electors Executive Department 87 were chosen by the legislatures. Virginia was divided into twelve districts and the people of each district chose one elector. Massachusetts was divided into congressional districts and the people, at the regular election, voted for candidates for elec- tors, and the legislature (the General Court) chose the electors from the two persons in each district having the greatest number of votes; and two electors at large were chosen in like number. In Delaware the people elected, at large, on a general ticket, five electors. In New Hampshire none of the candidates received, as required by state law, a majority of the jiopular vote, hence the legislature chos-e the electors. New York's legislature became involved in a quarrel that resulted in a deadlock and electors were not chosen. North Carolina and Ehode Island had not yet ratified the constitution. In the early days of the rejjublic, North Carolina and Ten- nessee seemed to have followed the most unique methods of choosing electors. In 1792 the legislature of North Carolina divided the state into four districts and directed the members of the legislature residing in each district to meet and choose three electors. In 1796 the legislature of Tennessee divided the state into three districts and appointed by name certain men in each district to choose the electors for their district. By 1836, the choice of electors from districts was discon- tinued, to be revived by Michigan in 1892, but the law was repealed before the election of 1896, since then the electors for every state are elected on a general ticket. In the beginning, in a large number of the states, the legis- lature chose the electors; but in the election of 1824, in all the states except North Carolina, the people chose the electors; North Carolina continued to choose her electors by vote of the legislature until 1860. After 1824 a state occasionally followed the same method, but Colorado, in 1876, was the last state in which the legislature chose the electors. Notes. These statements are made in answer to c^uestions asked by intelligent men and women of New Mexico: 88 National and New Mexico Constitutions The votes are not sent to Washington. They are in the pos- session of the writer of this book. The electors do not go to Washington to vote. The electors are not officers of the nation but are state ofiicers, paid by the state. If they are guilty of fraud they may be punished by the state, but not by the nation. The president is not elected in November. Only three men, in New Mexico, voted for president. ^ Uleteou dole ^yi Hi u/iedt'cfen/ o/^ /he Clnile/aleA of Uime^iica. fj n.^ale£ hearvl of his approach and lied. Arniijo enteral Santa Fe. took possc^ou of the palace?, proclaimed himself gOTemor and commandante-general of the depart- ment. He quickly dispatehe^i a messenger to Mexico City with an account of affairs, not forgetting his own valiant deeds and ser\-ices in restoring peace and order in the department. The supreme government of Mexico at once sent troops to suppress the insurrection. Troops to the number of four hundred were sent from Chihuahua early in ISoS. Under the pretext of desiring to treat with them, Armijo had kept the insurreotos in a comparative state of quiet, but on the arrival of the dragoons from the south, open hostilities were proelaiiiied against them. Armijo. commanding the entire force of regulars and militia, now marched against the insurrec- tionary army at La Canada, A battle ensueii which resulted in the complete rout of the insur rectos. Gonzalez with other leaders fell into the hands of Armijo. who now demonstrated his true character of tyrant. Having the supreme power, he concluded to dispose of those confederates whom he could not reward, and therefore court-martialed and sentenced to death many of the men who had aided him with money and arms, as well as their personal efforts, which with his own treachery resulted in his com- ing into his present commanding position. Many Hnrronr r/F New Mexico 1^ pemom of iiillii«iee e«grted tlicniMlres to ivoevre a THtmiUaee &l the den^ teateaee^ hat Armajo wa« dhitt to ererjr appeal on bdbalf of hia Urmer Ttm- eiatea »id eonfedeniteau CHAPTER III TEXAS-SANTA FE EXPEDITION An Attempt to Annex New Mexico to the Texas Republic Ends in Failure. — In 1841 General Mira- beau B. Lamar, president of the Texas republic, was instrumental in fitting out and starting an expedi- tion from Texas to Santa Fe. The Texan rulers claimed New Mexico as part of the Texas territory, and thought that the time had arrived when New Mexico should be brought under the control of their government, and this expedition was organized with the full belief in the readiness and willingness of the New Mexicans to accept it. The plan seems to have been that if they found New Mexico ready to declare full allegiance to Texas, the flag of the Lone Star Republic was to be raised over the old palace ; but if not, the Texan commissioners were only to make such arrangements with the authorities as would best tend to the opening of trade, and then retire. The expedition left Austin in the month of June, 1841. There were six companies, under the com- mand of Hugh McLeod, brevet brigadier-general of the Texan army. Accompanying them came three commissioners, Colonel W. G. Cooke, Jose Antonio Navarro, and Dr. Richard F. Brenham. The com- 166 History op New Mexico 167 niissioners carried with them proclamations, printed in English and Spanish, explaining the advantages of the freedom offered by the Texans, with never a doubt that the liberal terms would be at once acceded to by a population living within the limits of Texas, and who had long been groaning under a misrule the most tyrannical. Expedition Meets With Treachery. — Governor Armijo had been warned that this Texan expedi- tion was under way and would reach the capital in a short time, and in consequence of this warning a force, under Captain Salazar, was sent out to meet the invaders. This captain first took captive the advance party, which was reconnoitering, lined them up with the intention of shooting them at once, when a New Mexican, named Gregorio Vigil, who had a sense of justice, interceded for them, insisting that they be taken to the governor as they had requested. This was acceded to by the valiant captain. About a month later the remainder of the Texans surren- dered to Armijo. All their personal effects were taken from the Texans and distributed among the Mexicans, and in the plaza in Las Vegas a great celebration was had, at which the printed copies of Lamar's proclamation were burned. Armijo then left for his capital, and from that city the Texans were sent to the Gity of Mexico, where they arrived early in 1842. After their arrival some of them, were released upon the intercession of foreign min- isters, who claimed that they were not Texans and had joined the expedition not knowing its real 168 History of New Mexico objects. The remainder were finally released by General Santa Ana on the 13th of June, 1842. The only exception was the commissioner, Navarro, who was condemned to death, but who finally bought his way out of prison and escaped to Texas. Retaliation. — The people of Texas were loud in their threats of vengeance upon the Mexicans, and as soon as the prisoners had returned, retaliatory enter- prises were openly discussed. The Mexicans soon learned of the intentions of the Texans, and were filled with apprehension, because they believed their enemies would be supported by the United States. However, this great army of invasion and vengeance resolved itself into nothing but the attempted plun- dering of caravans in the Santa Fe-Chihuahua trade. The first of these pillaging expeditions, hoAvever, occurred on United States territory, under Colonel Jacob Snively, whose force was promptly taken by U. S. soldiers under Captain Philip St. George Cooke. The Texans were disarmed, and Captain Cooke, with his command, soon after returned to the United States accompanied by a number of the disarmed Texans. Some of these disarmed Texans now left for Texas, while about sixty or seventy men, under Colonel Warfield, organized and started in pursuit of the caravan which had escaped the Texans by the interference of the U. S. army, but failing to over- take it, returned to Texas. As a consequence of this trouble with the avenging Texans, General Santa Ana, by decree, closed the northern ports of Mexico to foreign commerce, which for the time History of New Mexico 169 being terminated the trade over the Santa Fe Trail. By decree of March 31, 1844, the ports were re- opened and about ninety wagons, with perhaps $200,000 worth of merchandise, the caravan employ- ing about two hundred men, crossed the plains to Santa Fe during the summer and fall of that year. The town of Mora had been burned by some Texans, under Warfield, prior to the capture of Snively's com- mand by Captain Cooke. CHAPTER IV THE SANTA FE TRAIL The Early Traders. — A subject of great interest is the story of the old Santa Fe Trail, the great highway over which was carried the commerce of the prairies. In the early part of the nineteenth centnry the tide of western immigration had reached the valleys of the Mississippi and ^Missouri. Stories of the northern provinces of New Spain, the inhabitants, their condition, their commercial and industrial needs, were brought to the western merchants and traders by the trappers, plainsmen and mountain- eers. Although it was known from the trappers that the Spanish authorities in New Mexico did not look with favor upon overland commercial relations with the people of the United States, the experience of Major Zebulon M. Pike, who was imprisoned at Santa Fe, seems only to have served to whet the American appetite for trade and even conquest. The facts surrounding the beginning of the Santa Fe trade are somewhat enveloped in nn^stery. The first expedition of which exists any account was that of Mallet brothers, "svho, in 1739, with six compan- ions, set out from the French settlements on the Mississippi for the Spanish settlements of New Mexico, arriving in Santa Fe in July, 1739. In 170 History op New Mexico 171 the spring of the following year they made the return journey. Another expedition, made for pur- poses of trade only, was made prior to 1763, the exact date not being known. Spaniards Make War on American Traders. — The first frontier trading post known to have been established in Colorado, then part of New Mexico, was near the present site of Pueblo, and was owned by some Frenchmen from Louisiana. The Span- iards deemed this an infringement of their privi- ledged rights, procured the imprisonment of the Mississippi adventurers, and the seizure of their effects, and demanded punishment and confiscation. The cause was decided in Havana, in favor of the Frenchmen, their goods restored to them, and they were liberated on the ground that the store in ques- tion was within the boundaries of Louisiana. The second trading expedition to Santa Fe was that of William Morrison, of Kaskaskia, Illinois, who sent one Jean Baptiste La Lande, a French Creole, to find his way thither and carry with him a small stock of goods with the purpose of ascertaining what sort of market existed in the provinces of northern Mexico. La Lande reached Santa Fe in the summer of 1804. The next year after the coming of La Lande to Santa Fe, an American hunter and trapper arrived in the New Mexican capital. His name was James Purcell. Major Pike declares him to have been the first American to arrive in Santa Fe. Pike gave to the people of the United States the first information of a reliable character concern- 172 History of New ^Iexico iiig the conditions existing in iiorthorn ^Mexico, and his expedition nnqnestionably was the means of inducing traders to come to New Mexico in quest of profitable returns in business ventures. The Spaniards were very jealous of the activities of the Americans, thinking that their own govern- ment was being imperiled thereby. Consequently, in November, 1812, when an expedition of twelve men, headed by Robert McKnight, James Baird, and Samuel Chambers, crossed the plains and reached Santa Fe, they were arrested by the Spanish author- ities, their goods confiscated, and they were held as prisoners at Durango and Chihuahua until 1822, when they were released by order of Iturbide. Hold- ing to this policy, another part}', under Chouteau and De Mun, was arrested in 1815, their goods con- fiscated, and they were held as prisoners for some months, when they were released, but their goods were not returned to them. William Becknell Heads Successful Trading Ex- pedition to Santa Fe. — Captain William Becknell, of Missouri, was the real founder of the commerce of the prairies. It was he who took the first successful trading expedition to Santa Fe. In 1821, with four companions, Captain Becknell crossed the plains from Franklin, Missouri, and notwithstanding the small amount of merchandise carried, they realized very handsome profits therefrom. They gave glow- ing accounts of the possibilities of trade with Santa Fe upon their retmni to IMissouri. From this time on the traffic over the Santa Fe History of New Mexico 173 Trail was of increasing importance. Stations were established at points where water could be obtained for the animals. The route followed the Arkansas River to a point near La Junta, thence south through Taos to Santa Fe ; afterwards the Cimarron route was established, which made the distance much less from the Arkansas River to Santa Pe. CHAPTER V WAR WITH MEXICO The City of Santa Fe. — New Mexico's capital, at the time of the war with Mexico, was a place of about five thousand inhabitants. During this period in the history of New Mexico, the great majority of the people lived in towns or villages; there was practically no country population, a condition almost necessary for the protection of the settlers from the raids of the savages, by whom they were surrounded. Santa Fe, the most pretentious of all the towns, was very irregularly laid out; most of the streets were no better than highways traversing scattered set- tlements, interspersed here and there with corn and wheat fields. The only attempt at architectural compactness was found in the buildings surrounding the plaza, all of which were shaded by portals of the rudest description. The buildings around the plaza comprised the Palacio, the customs house, bar- racks, which was connected with the jail; the Casa Consistorial of the alcaldes, the Capilla de los Soldados, some private residences, and the stores occupied by the American traders. In the old days the plaza was the place of prom- enade and the market place. The principal stations for the public market were near the western end of 174 History of New Mexico 175 the palace, but in the plaza. Here the farmers sold their products, and the hunters their game, all of which was in great demand as a food supply for the city. In suavity of manners the Mexican was without a superior; this is a characteristic of all classes. Schools were few and illiteracy was common. The Mexican was neither farmer nor craftsman, and few entered the professions. The United States Invades Mexican Territory. — On May 13th, 1846, President James K. Polk, by proclamation, announced the existence of war be- tween the United States and Mexico. On August 2d, 1846, Captain Philip St. George Cooke was sent to Santa Fe with an escort, nominally as an ambassador, but really for the purpose of escort- ing James Magoffin, who was the real emissary on the part of the American government, entrusted with a secret mission and having full instructions from the President of the United States. Arriving at Santa Fe he was received by Armijo, who, after some parley, concluded to send a com- missioner with Cooke to General Kearny, who was in command of an army of invasion coming from Mis- souri, and they set out the next day. Judging by subsequent events Magoffin proved himself an astute and convincing emissary. Not- withstanding the fact that Armijo had previously published and sent into all parts of the territory a proclamation calling for a volunteer army to meet the invader, and the response to this call was flatter- 176 History of New Mexico ing, Armijo, when the crucial moment arrived, deserted his post at Apache Pass, near Canyoncito, and fled to Mexico. Kearny's Expedition. — With nothing to hinder his progress, Kearny advanced to Las Vegas, where he administered the oath of allegiance to the officials, then on to Santa Fe, through Apache Pass, where Armijo had stationed his forces. Finding no opposi- tion, Kearny determined to push on to Santa Fe and plant the colors before sundown. Before nightfall the entire army was within the city of Santa Fe. Kearny administered the oath of allegiance to the New Mexican officials, named officers for civil gov- ernment, promulgated a code of laws, and departed to California, September 22, 1846. Ten days after the departure of Gen. Kearny, Colonel Sterling Price arrived in Santa Fe with his regiment of Missouri volunteers. Murder of Governor Bent. — Kearny had no sooner left the territory than rumors of intended revolt among the natives were heard. This disaffection among the natives finally culminated in the revolu- tion of Taos, the assassination of Governor Bent, and many other prominent officials, as well as families of settlers. Colonel Price sent his forces against the insurgents, and, after much severe fighting, com- pelled them to submit to the new government. The instigators of this rebellion were captured, tried by courtmartial, sentenced to death, and executed at Taos. History of New Mexico 177 Treaty of Guadalupe Hidalgo. — Hostilities con- tinued during the two succeeding years. The war closed with the treaty of Guadalupe Hidalgo, which was ratified May 30, 1848, and was proclaimed at Santa Fe in August. Under this treaty New Mexico became a part of the United States, and choice of citizenship was given to the New Mexicans of either the United States or of Mexico. New Mexico was made a territory in 1850. CHAPTER VI NEW MEXICO A TERRITORY OF THE UNITED STATES New Mexico Becomes a Territory of the United States. — The organic law of the territory of New Mexico — the act of September 9, 1850 — was similar to the acts of congress by which other territories had been created and organized. This act determined the north- ern and western boundaries of the state of Texas and provided for a relinquishment to the United States of all territory exterior to the same. The state of Texas was paid ten million dollars. The territory, as organized in 1850, included the New Mexico and Arizona of today, with a small portion of Colorado. The First Governor. — James S. Calhoun, who had been in New Mexico since July, 1849, acting as Indian agent, was the first governor of the territory subsequent to the military occupation period. He filled this office with great credit to himself, fur- nishing to the government much valuable informa- tion relative to the Indians of the Southwest. Dur- ing his incumbency, the marauding savages were very troublesome. The governor was overAvhelmed with requests for protection from citizens who were suffering from Indian raids, and without money in the territorial treasury, without ammunition, with- 178 History of New Mexico 179 out authority to call out the militia, and without the co-operation of the military authorities of the terri- tory, he was sadly embarrassed and disquieted, which was greatly augmented by the friction exist- ing between the military and civil authorities. Military Posts Established. — Several military posts were established about this time in different parts of the territory. Fort Defiance, in the heart of the Navajo country ; Fort Union, in Mora county, and Fort Sumner, in the Comanche country, to which place the Apaches and Navajos were removed in later years by General J. H. Carleton. Owing to the fact that treaties with the Indians were ineffectual, since the Indians broke these trea- ties whenever it suited their purpose. General Carle- ton, in 1863, at the time in command of the Depart- ment of New Mexico, decided upon a war of exter- mination, all women and children to be taken cap- tive unless the Indians surrendered and consented to be removed to the Bosque Redondo at Fort Sum- ner. The result was the death of so many warriors that the Indians came in and surrendered and were taken under guard to Fort Sumner, where they were compelled to work, as that was the condition upon which they received government aid. The removal of these Indians to Fort Sumner was accomplished under the immediate command of Col. Kit Carson. Many of the Indians escaped from this reserva- tion, however, and continued to create havoc with the settlers. Forces of soldiers were always in the field giving chase to some recalcitrant party of 180 History of New Mexico savages, and many long years passed before the murderous Apache was completely subdued. The Navajo had long before consented to become a farmer and stock raiser, in which occupations he is a notable success. A treaty was concluded between the United States and Mexico by James Gadsden in 1853. Under this treaty the boundary line, fixed by the treaty of 1848, was moved southward so as to give to the United States, for a consideration of ten million dollars, all of the territory in the Arizona of today south of the Gila river. A portion of the Mesilla valley cities was also within the territory ceded. By this treaty the United States was much the gainer, since the settlement of the boundary dispute was satisfactory, and a route for a railroad on American soil to the Pacific was obtained. Education. — Education up to this time, so far as concerned the masses of the people, made no head- way. Owing to the continued depredations of hos- tile Indians it was impossible to maintain schools in the outlying districts or settlements. There were a few private schools, four colleges, and one or two academies, all controlled by the church. Public sentiment was opposed to educating the peon class, as they were called. When Rt. Rev. J. B. Lamy came to Santa Fe, he established day and boarding schools, which was a great advance in the school system of the territory. CHAPTER VIII THE CHURCH IN NEW MEXICO The Church of Catholic Missionaries. — At the time of the Mexican war the Archbishopric of Baltimore was the only metropolitan see in the United States. The provincial councils of the Church were attended by the bishops of sees which had been created within the limits of the old diocese of New Orleans. About two months after the conquest of New Mexico by Gen- eral Kearny, St. Louis was made a metropolitan see. New Mexico had not yet become a territory of the United States. Subsequent, however, to the execution and signing of the treaty of Guadalupe Hidalgo, the Rt. Rev. Joseph Anthony Laureano de Zubiria, who had twice before visited New Mexico, made a third visitation in the month of October, 1850. Believing that the time had come when their faith was exposed to many dangers, the good bishop urged the Catholics to restore their dilapidated churches and maintain in proper Catholic manner the true worship of God, to uphold the most holy Catholic and only true reli- gion midst those who professed heterodox creeds, who by the liberal system of the existing govern- ment had now full power to enter and reside in that part of his diocese. 181 182 History of New Mexico The American hierarchy, recognizing this addi- tion to the territory of the United States, and the presence within the newly acqnired areas of a vast number of Catholics, made urgent appeal upon the Holy See for action in church matters in New Mex- ico. The Holy See at once erected New Mexico into a vicariate apostolic and named Rev. John B. Lamy, a priest of the diocese of Cincinnati, to take charge and reorganize religious affairs in the territory. On his visit the year previous. Bishop Zubiria had given the New Mexican clergy no intimation that the Holy See had in mind a canonical subdivision of the diocese of Durango, since he had known nothing of it himself, and for this reason they Avere unwill- ing to accept the authority of Bishop Lamy. There- fore, on horseback, with only a guide, he traveled from Santa Fe to Durango, Mexico, in order to prop- erly notify Bishop Zubiria of the new order. Returning from Durango, Bishop Lamy visited all the churches of his vicariate. His great wisdom was now apparent. Twelve times in the interest of the people of his diocese he crossed the plains from Santa Fe to Kansas City and St. Louis. Li 1852 he brought back a small colony of the sisters of Loretto. In the year 1853 he went to France and thence to Rome, where he made a personal appeal to the Pope for laborers, and a company of zealous French priests and ministe- rial students returned with him to America, arriving at Santa Fe in November, 1854. In 1859, Rev. Eguillon was sent to France for teachers, and in History of New Mexico 183 October of that year arrived with four brothers of the Order of San Miguel, and nine priests and ecclesiastics. Then was begun St. Michael's College at Santa Fe. The first building was erected in 1879. The work of the Church since the American occu- pation period has constantly aided in the uplift of society. Protestant Missionaries. — The missionaries of the Protestant denominations who came to New Mexico at the time of the American occupation found it almost impossible to make any progress. Labor as they would, it was not until the early sixties that any substantial results were obtained. The Baptist missionaries were the first to come to New Mexico. In July, 1849, Eev. Henry W. Reed, a Baptist mis- sionary, arrived in Santa Fe, and opened a school where the English language was taught. The Bap- tists built the first Protestant church in New Mexico. This was at Santa Fe and was dedicated on the 15th day of January, 1854. The first Methodist mis- sionary came to Santa Fe in 1850, held services for about two years, and abandoned the work. The Protestant Episcopal Church held its first service in Santa Fe in the summer of 1863. In 1868 the territory was visited by Bishop Randall of Colo- rado, New Mexico having been placed under his jurisdiction. The Episcopal Church organization was effected in the year 1874, when the general con- vention of the church created a missionary jurisdic- tion of New Mexico and Arizona and elected William Forbes Adams, D. D., of New Orleans, as the first 184 History of New Mexico bishop. The Presbyterians sent their first mission- ary in the year 1851, but, as with other denomina- tions, little was done until after the Civil War period. CHAPTER IX NEW MEXICO DURING THE CIVIL WAR New Mexico Sympathizes With the North. — It has been stated by some historians that the New Mexi- cans, so far as they had any knowledge of the great questions which brought about the war of secession, were southern sympathizers. This is not true. There were a few of the more prominent families whose tendencies were in that direction, but whose feelings were quickly changed when the first inva- sion of New Mexico came from the state of Texas. The masses of the New Mexicans were Union men. The Confederates hoped to occupy all the terri- tory which had become a part of the United States by reason of the Mexican War and the Gadsden Pur- chase. The Secretary of War sent to New Mexico army officers who were to induce the officers then in New Mexico to lead their men into Texas and give them to the service of the rebellion. This the army, as well as the native New Mexican soldiers, refused to do, and the traitors were compelled to make haste to the Confederate lines for safety. The Con- federates very promptly began operations. Lieu- tenant Colonel John R. Baylor, second mounted rifles, C. S. A., occupied Fort Bliss in the month of July, and later in the same month took possession 185 186 History of New Mexico of the plaza of La Mesilla. Fort Fillmore, at this time, was commanded by Major Isaac Lynde, who professed to be loyal. While leading a portion of his command towards the plaza of Mesilla he fell in with a few of Colonel Baylor's men, and after a short skirmish, retreated tp the fort. He gave orders on the 27th of July for the evacuation of that post and started towards Fort Stanton. He was pursued by Colonel Baylor and overtaken and igno- miniously surrendered his entire command. For this cowardice or treachery, Lynde was dismissed from the army. He was afterwards restored to his rank. Colonel Canby, in command of the department, was very active. He proceeded with the organ- ization of the militia and volunteers for the inev- itable contest, crippled throughout by lack of money, munitions, and supplies of all kinds, even without instructions from officials in Washington. Upon request from Colonel Canby, the governor of Colo- rado organized companies of volunteers, who ren- dered great service in the saving of New Mexico and the Southwest from Confederate domination. The Confederate Invasion a Failure. — On the 18th of February, 1862, General Sibley gave battle to the Union army at Valverde, near Fort Craig, and after a severe conflict, the Federals were forced to retreat to the protection of Fort Craig. Sibley advanced to Albuquerque, which fell with small resistance. This success determined his advance upon Santa Fe, and his making that place his seat of History op New Mexico 187 operations. However, the Colorado Volunteers, under Colonel Slough, were moving toward New Mexico rapidly. Hearing of Sibley 's victory at Val- verde, marching at double-quick, he engaged Sibley's forces at Apache Caiion, which resulted in a com- plete victory for the Colorado Volunteers, Lnd virtu- ally ended the Confederate invasion of New Mexico. In order to escape an engagement with Colonel Canby upon his retreat down the Kio Grande, General Sibley determined to take advantage of a bend of the river to the west, abandoned a part of his wagon train, baggage packed on mules, crossed the mountains with seven days' rations and escaped. Colonel Canby declined to pursue the retreating foe and returned to Santa Fe, leaving the southern dis- trict in command of Colonel Chivington of the Colo- rado Volunteers. In August, General James H. Carleton, with the California column, reached the Rio Grande, and on the 21st day of September of that year assumed command of the department. The civil officials of the war period co-operated in every way possible with the commanding general of the military department of New Mexico, and civil affairs were conducted in a manner most com- mendable. Attempts to organize a territorial government for that portion of New Mexico now included within the limits of Arizona were made in congress in 1857, and again in 1860, and in 1863 the organic act was passed, and officials named for the new territory of Arizona. CHAPTER X INDIAN CAMPAIGNS Withdrawal of Troops During Civil War Leaves Inhabitants at Mercy of Indians. — The Confederate invasion under General Sibley made the withdrawal of all regular troops from the Indian country imper- atively necessary and the New Mexican settlements were left exposed to the unrestrained depredations of the Apaches and Navajos. In the South, in the neighborhood of Fort Stanton, the ranches were entirely abandoned. Upon taking command of the department in Sep- tember, 1862, General Carleton's first move was against the Mescalero Apaches, against whom he sent Colonel Christopher Carson with five companies of New Mexican volunteers. His orders were to slay the men without parleying and bring in the women and children as prisoners. No treaties were to be made, and no terms accepted except uncon- ditional surrender as prisoners of war. This policy was pursued against the Apaches, until in the spring of 1863 about four hundred Mescaleros had sub- mitted, and were living in peace at the Bosque Eedondo, while the other bands had been forced to suspend their raids. Fort "West, at Pinos Altos in Grant county, having been garrisoned. 188 History op New Mexico 189 Indians Placed Upon Reservations. — In this same year, Colonel Carson was sent into the Northwest against the Navajos; the plan of removing all the Indians to Fort Sumner was developed. After July 20th, every Navajo was to be treated as hostile, and orders were repeatedly issued to kill every male capable of bearing arms. By following this policy consistently, the Indians were made to understand that their foe was at last in earnest, and that they must yield or be exterminated, and at the end of this year the Navajo wars were practically at an end and over seven thousand of the tribe were living at Bosque Redondo. The Bosque Redondo reservation, as a means of civilizing the Indians, was a complete failure ; how- ever, as a military measure, for the purpose of dem- onstrating to the warlike Navajos the power of the American government, Carleton's policy of removal was wise. During 1867 an Indian peace commission was organized to consider the Indian situation, and to present some plan for the civilization of the Indians. The result of the investigations of this commission was that the Navajos were returned to their own country. Meanwhile, the Mescalero Apaches had refused to stay at the Bosque with the Navajos, had left the reservation, and raided all southern New Mexico, in which they were joined by Chiricahuas. It was not until 1886, when Geronimo, the last of the great Apache chiefs, sent word to General Miles that he would surrender to the highest authority. Upon 190 History op New Mexico receipt of this communication, General Miles arranged to meet him on the boundary line between Mexico and Arizona, when on being assured that his men would not be killed, Geronimo surrendered with all his warriors. In 1867, the Jicarilla Apaches and Utes were placed on a reservation set aside for them in the Tierra Amarilla region, where the former now reside. The Pueblo Indians, with the exception of the uprising of 1847, have given the government small trouble. They have remained the same peaceable, inoffensive, industrious, credulous, and superstitious people that they have always been. There has been small change in their character and primitive man- ner of living. In matters of education they have made considerable advances. Their lands have all been confirmed and patented to them and these are exempt from taxation. Although citizens of the United States they do not care to exercise the func- tions pertaining thereto. The general government has aided them materially in the construction of irrigation canals and reservoirs. CHAPTER XI SPANISH AND MEXICAN LAND GRANTS Personal and Property Rights Guaranteed. — Gen- eral Stephen W. Kearny, commanding the Army of the West, invading New Mexican territory, was the first officer of the United States to declare to the people of New Mexico that their rights of person and property would be held inviolable. In making this statement he was carrying out the instructions given him by the President of the United States. The treaty of Guadalupe Hidalgo was ratified on May 30, 1848. After the lapse of a few years, owing to the great tide of immigration to the state of Cal- ifornia and the consequent acquisition of lands by the American homeseeker, prospector, miner, and stock-raiser, the courts had before them questions involving the validity of titles to lands in that state. These questions finally came before the Supreme Court of the United States for determina- tion and a long line of decisions emanated from that tribunal, declaring the right of the holders of Mex- ican titles to protection and recognition by the government. After California became a state, through the influ- ence of representatives from that state, an act was passed which made provision for the appointment of a tribunal composed of three commissioners, a sec- retary qualified to act as interpreter, and an attorney to represent the United States. 191 192 History of New Mexico Land Claims. — New Mexico, however, with a vote- less delegate in congress, could secure no such tri- bunal as was given to the state of California. The congress, on July 22, 1854, passed an act creating the office of surveyor general, by the terms of the eighth section of which it was made the duty of this officer, under instructions to be given by the secre- tary of the interior, to ascertain the origin, nature, character, and extent of all claims to land under the laws, usages, and customs of Spain and Mexico. When the surveyor general was appointed, and en- tered upon his duties, he found it practically impos- sible to carry out his instructions, owing to the fact that the holders of titles to lands declined to file any papers relative to their claims. In March, 1891, an act was passed by congress by which was established a Court of Private Land Claims. The official existence of this tribunal was begun by its formal organization at Denver, Colo- rado, July 1, 1891, and ceased, by operation of law, June 30, 1904. This court had for its purpose the consideration and adjudication of the titles to all the lands claimed to have been derived by grants from Spain and Mexico situate within the area ceded by Mexico to the United States under the treaty of Guadalupe Hidalgo, and the treaty of 1853, known as the Gadsden Purchase, all within the pres- ent states of Colorado, New Mexico, Arizona, Cali- fornia, Nevada, Utah, and Wyoming. When the work assigned to this court was completed, there was no further reason for its existence. CHAPTER XII RECENT EVENTS Railroads. — The advent of the railroads in Nevr Mexico was the beginning of an era of permanent prosperity for the people of the territory. The first passenger train into Nev^ Mexico arrived at Otero, in Colfax county, February 12, 1879, and in five years more there had been constructed by three great railway corporations, one thousand two hun- dred and fifty-five miles of railway in New Mexico. The three railway companies first coming into New Mexico were the Atchison, Topeka and Santa Fe, the Southern Pacific, and the Denver and Rio Grande. On March 10, 1881, all-rail connection across the continent via New Mexico and Arizona, was estab- lished by the junction at Deming of the two di- visions of the Southern Pacific Railroad. Deming was also the point of junction of this road with the Santa Fe from the north, and the completion of these two roads placed New Mexico in communica- tion by the shortest routes with the Pacific Coast, the Gulf, and the northern cities of the United States. A number of the enterprising men who were for- merly engaged in freighting across the plains to the Southwest, keeping pace with the advance of 193 194 History of New Mexico railway construction, located their permanent places of business in New Mexico, contributing in a great measure to the industrial and commercial progress and importance of the territory. This transition period between the old condition of affairs and the new era of progress and devel- opment w^itnessed a phenomenal increase in values and changes in business methods. Capital. — The twenty-sixth legislative assembly convened at Santa Fe in February, 1884. During this term members of the assembly from Santa Fe and the north, were instrumental in the enactment of a law whereby a capital building commensurate with the dignity and demands of the growing terri- tory should be erected at Santa Fe. At the same time the penitentiary buildings were provided for and constructed. Public Schools. — At the opening of the twenty- ninth legislative assembly, the governor, in his mes- sage, called special attention to the necessity for a modern comprehensive public school system as being the most important matter for the consideration of the legislature. On February 12, 1891, a bill was passed which marked a new era in the educational history of New Mexico. Under the new order, edu- cational matters received an impetus which has never been retarded. New Mexico Furnishes Volunteers for U. S. — An event of great importance to the territory, as well as to the nation, was the organization of New Mex- ico's quota of volunteers for the war Avith Spain. History of New Mexico 195 On April 23, 1898, President McKinley issued his proclamation calling for 125,000 troops to serve two years. On the same day New Mexico was asked what the territory could do in furnishing cavalry for service in Cuba. The governor of the state immediately replied that New Mexico 's quota, which was limited to 340 men, would be ready for service and offered an additional number of cavalry and a battalion of mounted riflemen. Pour troops were mustered at Santa Fe within eight days after the President's proclamation, and did valiant service during the Spanish-American War. They were a battalion of Roosevelt's Rough Riders. Statehood. — ^For sixty years the people of New Mexico pleaded, agitated, and fought for admission as a state. New Mexico's last delegate in Congress, William H. Andrev/s, deserves the credit for the passage of the enabling act of 1910. On June 18, 1910, the bill was passed which made New Mexico a state. ■ On October 3, 1910, the constitutional convention began its task of formulating the organic law of the new state, and completed its labors November 21, 1910. The constitution was ratified at an elec- tion held on January 21, 1911, by the people of New Mexico, and in due time was approved by the Presi- dent and Congress of the United States. Constitution Adopted. — The deliberations of the constitutional convention were presided over by Charles A. Spiess. George W. Armijo was secretary. The total vote cast by the voters of the new state 196 History op New Mexico upon the adoption of the instrument presented by the convention was 45,141, of which 31,742 were recorded in favor of and 13,399 against its adoption. On February 24, 1911, the constitution was ap- proved by President William H. Taft, who trans- mitted it to congress with a favorable message. On the 3rd of March the House adopted the constitution, but the Senate, the following day, adjourned, hav- ing adopted an amendment by which Arizona's pro- posed constitution was included with that of New Mexico. The resolution as amended by the Senate did not reach the House until April, where its adoption or rejection was in the balance until the following July, when another resolution was adopted providing for methods by which the proposed constitution could be amended by the people of the new state. This was known as the Flood resolution, so named on account of its author, Henry D. Flood, a member of the House. On the tenth day of August the resolu- tion with the Flood amendment was adopted by the Senate. The approval of this amended resolution was withheld by President Taft. It was finally ap- proved by the Senate, with the elimination of the Arizona constitution, August 17th, and two days later by the House. On the 21st, it was signed by the President, who, on the 29th day of August, 1911, gave official notification to the governor of New Mexico of the fact. First State Election. — The presidential notifica- tion having been duly received by New Mexico's History op New Mexico 197 executive, William J. Mills, the governor, on August 30th, issued his proclamation calling for an election for state officers to be held on the 7th of November, 1911. This election was held, the total vote cast for state officers being for governor : William C. McDonald, democrat, 31,036; Holm 0. Bursum, republican, 28,019. For congressmen: George Curry, repub- lican, 30,162; Harvey B. Fergusson, democrat, 29,999; Elf ego Baca, republican, 28,836; Paz Val- verde, democrat, 28,353. Of the remaining candi- dates, the republican party was successful for audi- tor, attorney general, commissioner of public lands, two members of the Supreme Court and two mem- bers of the corporation commission. The democratic party elected its candidates for lieutenant governor, treasurer, secretary of state, superintendent of pub- lic instruction and one member each of the supreme court and the corporation commission. The plurali- ties for the successful candidates of each party were very small, other than that of the candidate for the governorship. What was known as the ''Blue Ballot" amend- ment, provided for by the act of congress, relating to manner and methods of amending the constitu- tion, was carried, the vote being 34,897 in favor of and 22,728 against its adoption. On the 4th day of January, 1912, the result of the first state election was certified by Governor Mills to the President of the United States, who, on the 6th of January, issued his proclamation by which 198 History of New Mexico New Mexico was admitted into the union of states as the forty-seventh. On January 15, 1912, the new state government was formally inaugurated at Santa Fe, the event being celebrated with elaborate ceremonies. The first state legislature met at Santa Fe, March 11, 1912, the Senate having as its constitutional pre- siding officer the lieutenant-governor-elect, Ezequiel C. de Baca. The House chose as its speaker Roman Liberato Baca, a member from the county of Santa Fe. On the 27th of March following, Thomas Benton Catron and Albert Bacon Fall, republicans, in joint session of the House and Senate, were elected to represent the state in the Senate of the United States and were seated by that body on the 2nd day of April, 1912. The short term in the Senate having fallen to Albert B. Fall, at the second session of the state legislature, in 1913, Senator Fall was again chosen to represent the state in the upper branch of the national congress. LIST OF GOVEENOES OF NEW MEXICO, 1598-1914 UNDER SPAIN Onate 1598-1608 Peralta 1609-1620 Zotylo 1621-1629 De Silva 1630-1639 De Eosas 1640-1642 Arguello 1642 Valdez 1643 De Heredia 1644 Arguello 1645-1649 De Guzman, Ugarte and La Concha 1650-1652 Avila J Pacheco, Samaniego 1653 Mendizabal 1653-1660 Penaloza 1661-1664 Villanueva, Medrano and Miranda 1665-1679 Treviilo 1679 Otermin 1679-1683 Jironza de Cruzate 1683-1686 Eeneros de Posada and Cruzate 1687-1691 De Vargas Zapata Lujan Ponze de Leon 1692-1696 Eodriguez j CMbero 1696-1703 De Vargas Zapata Lujan Ponze de Leon 1703-1704 Hurtado 1704-1705 Cuervo j Valdez 1705-1707 Chacon Medina Salazar j Villaseilor 1707-1712 Flores Mogollon 1712-1715 Martinez, Hurtado 1715-1718 Velarde j Cocio 1718-1721 Estrada y Austria, De Bustamante 1722-1731 Cruzat y Gongora 1731-1736 Olavide y Michalena 1736-1739 199 200 List op Governors Mendoza 1739-1743 Codallos y Eabal 1743-1749 Veles Cachupin 1749-1754 Del Valle, Mendoza 1754-1760 Portillo Urrisola 1761-1762 Veles Cachupin 1762-1767 De Mendinueta 1767-1777 Trevol 1778 Bauptista de Anza 1778-1789 De la Concha 1789-1794 Chacon 1794-1805 Eeal Alencai^ter 1805-1808 Mainez 1808 Manrique 1808-1814 Mainez 1815-1817 Allande 1818 Melgares 1818-1822 UNDER MEXICO Xavier Chavez, Vizcarra 1822-1823 Baca 1823 Narbonna, Armijo, Viz:arra 1825-1827 Chavez 1828-1831 Abreu 1831-1833 Sarracino, Ortiz, Chavez 1833-1834 Perez 1835-1837 Armijo 1838-1844 Martinez de Lejauza 1844-1845 Armijo, Vigil 1845-1846 UNDER THE UNITED STATES OF AMERICA Military Government: Stephen W. Kearny 1846 Charles Bent 1846-1847 Donaciano Vigil 1847-1848 List of Governors 201 J. M. Washington 1848-1849 John Munro ■ 1849-1850 Territorial Government : James S. Calhoun 1851-1852 John Greiner — secretary — acting 1852 William Carr Lane 1852-1853 David Merriwether 1853-1857 Abraham Eencher 1857-1861 Henry Connelly 1861-1866 Eobert B. Mitchell 1866-1869 William A. Pile 1869-1871 Marsh Giddings 1871-1875 William G. Kitch — secretary — acting 1875 Samuel B. Axtell 1875-1878 Lewis Wallace 1878-1881 Lionel A. Sheldon 1881-1885 Edmund G. Eoss 1885-1889 L. Bradford Prince 1889-1893 William T. Thornton 1893-1897 Miguel A. Otero, Jr 1897-1906 Herbert J. Hagerman 1906-1907 James Wallace Eaynolds — secretary — acting 1907 George Curry 1907-1910 William J. Mills 1910-1911 William C. McDonald — First State Governor 1912 TERRITORIAL DELEGATES IN CONGRESS Messervy and Weightman Jose Manuel Gallegos 1853-1855 Miguel A. Otero, Sr 1856-1861 John S. Watts 1861-1863 Francisco Perea 1863-1865 J. Francisco Chavez 1865-1871 Jose Manuel Gallegos 1871-1873 Stephen B. Elkins 1873-1877 Trinidad Eomero 1877-1879 202 List of Governors Mariano S. Otero 1879-1881 Tranquilino Luna 1881-1883 Francisco A. Manzanares _. . ., 1883-1885 Anthony Joseph 1885-1895 Thomas Benton Catron 1895-1897 Harvey B. Fergusson 1897-1899 Pedro Perea 1899-1901 Bernard S. Eodey 1901-1905 William H. Andrews 1905-1911 MEMBERS OF CONGRESS George Curry 1911-1913 Harvey B. Fergusson 1911-1915 DECLARATION OF INDEPENDENCE In Congress, July 4, 1776 THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with cer- tain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government; laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries 203 204 Declaration of Independence and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws, the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained ; and when so suspended he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for oppos- ing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exer- cise; the state remaining, in the meantime, exposed to all the dangers of invasions from without, and convulsions within. He has endeavored to prevent the population of these states ; for that purpose obstructing the law^s for naturalization of for- eigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone', for the tenure of their offices ; and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their sub- stance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. Declaration of Independence 205 He has affected to render the military independent of and su- perior to the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states : For cutting off our trade with all parts of the world : For imposing taxes on us without our consent: For depriving us, in many cases, of the benefits of trial by jury: For transporting us beyond the seas to be tried for pretended offences : For abolishing the free system of English laws in a neighbor- ing province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at ouce an example and fit instrument for introducing the same absolute rule into these colonies: For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments : For suspending our own legislatures, and declaring themselves invested with power to legislate us in all cases whatsoever: He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mer- cenaries to complete the works of death, desolation and tyranny, already begun, with circumstances of cruelty and perfidy, scarcely parallelled in the most barbarous ages, and totally un- worthy the head of a civilized nation. He has constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the exe- cutioners of their friends and brethren, or to fall themselves by their hands. 206 DeclarxVtion of Independence He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merci- less Indian savages, whose known rule of warfare is an undistin- guished destruction of all ages, sexes and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms; our rejieated i)etitions have been answered only by repeated injury. A prince whose charac- ter is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have apjiealed to their native justice and magnanimity, and we have conjured them by the ties of our com- mon kindred to disavow these usurpations, w'hich would inevi- tably interrupt our connections and correspondence. They too have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. We, therefore, the representatives of the United States of America, in general congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by authority of the good people of these colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be, free and independent states ; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved ; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, w-ith a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacved honor. John Hancock, and 54 other signers. AETICLES OF CONFEDERATION AND PEEPETUAL UNION BETWEEN THE STATES Article I. — The style of this confederacy shall be, "The United States of America. ' ' Art. II. — Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States in congress assembled. Art. III. — The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general wel- fare, binding themselves to assist each other against all force of- fered to or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. Art. IV. — The better to secure and perpetuate mutual friend- ship and intercourse among the peojile of the different states in this union, the free inhabitants of each of these states — paupers, vagabonds, and fugitives from justice, excepted — shall be en- titled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and egress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively; provided that such restriction shall not extend so far as to j)revent the removal of property, imported into any state, to any other state of which the owner is an inhabitant; provided also that no imposition, duties, or restrictions shall be laid by any state on the property of the United States, or either of them. If any person be guilty of or charged wnth treason, felony, or other high misdemeanor, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of 207 208 Articles of Confederation the governor or executive jjower of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts, and judicial ^proceedings of the courts and magistrates of every other state. Art. V. — For the more convenient management of the general interest of the United States, delegates shall be annually ap- pointed in such manner as the legislature of each state shall di- rect, to meet in congress on the 1st Monday in November in every year, with a power reserved to each state to recall its delegates, or any of them, at any time within the year, and to send others, in their stead for the remainder of the year. No state shall be represented in congress by less than 2 nor by more than 7 members; and no person shall be capable of being a delegate for more than 3 years in any term of 6 years ; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each state shall maintain its OAvn delegates in a meeting of the states, and w-hile they act as members of the committee of the states. In determining questions in the United States in congress as- sembled, each state shall have one vote. Freedom of speech and debate in congress shall net be im- peached or questioned in any court, or place out of congress; and the members of congress shall be protected in their persons from arrests and imprisonments during the time of their going to and from, and attendance on, congress, except for treason, felony, or breach of the peace. Art. VI. — No state, without the consent of the United States in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty with, any king, prince, or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state; Articles of Confederation 209 nor shall the United States in congress assembled, or any of them, grant any title of nobility. No two or more states shall enter into any treaty, confedera- tion, or alliance whatever between them, without the consent of the United States in congress assembled; specifying accurately the purposes for which the same is to be entered into, and iiow long it shall continue. No state shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the United States in congress assembled, with any king, prince, or state, in pursuance of any treaties ali'eady proposed by congress to the courts of France and Sprin. No vessels-of-war shall be kept up in time of jieace by any state, except such number only as shall be deemed necessary, by the United States in congress assembled, for the defence of such state or its trade; nor shall any body of forces be kept up by any state in time of peace, except such number only as^ iu the judgment of the United States in congress assembled, shall be deemed requisite to garrison the forts necessary for the de- fence of such state ; but every state shall always keep up a well- regulated and disciplined militia, sufficiently armed and accou- tered, and shall provide and constantly have ready for use in public stores a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. No state shall engage in any war without the consent of the United States in congress assembled, unless such state be actually invaded by enemies, oi' shall have received certain advice of a rerolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the United States in congress assembled can be consulted; nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in con- gress assembled, ard then only against the kingdom or state, and the subjects 1 hereof, against which war has been so de- clared, and under such regulations as shall be established by the United States in congress assembled, r.nless such state be 210 Articles of Confederation infested by pirates; in which case vessels-of-war may be fitted out for that occasion, and kept so long as the danger shall con- tinue, or until the United States in congress assembled shall determine otherwise. Art. VII. — When land-forces are raised by any state for the common defence, all oflScers of or under the rank of colonel shall be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct ; and all vacancies shall be filled up by the state Avhich first made the appointment. Art. VIII. — All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states in jDroportion to the value of all lands wdthin each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in con- gress assembled shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the United States in congress assembled. Art. IX. — The United States in congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the 6th Article; of sending and receiving ambassadors, entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or com- modities whatsoever; of establishing rules for deciding in all cases what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated; of granting letters of marque and reprisal in times of peace, appointing Articles of Confederation 211 courts for the trial of piracies ajid felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts. The United States in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concern- ing boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority or lawful agent of any state, in controversy with another, shall present a peti- tion to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in con- troversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question ; but, if they can not agree, congress shall name 3 persons out of each of the United States; and from the list of such persons each party shall alternately strike out one, the petitioners be- ginning, until the number shall be reduced to 13 : and from that number not less than 7 nor more than 9 names, as congress shall direct, shall in the presence of congress be drawn out by lot; and the persons whose names shall be so drawn, or any 5 of them, shall be commissioners or judges to hear and finally determine the controversy; so ahvays as a major part of the judges who shall hear the cause shall agree in the determination: aiKl if either party shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or, being present, shall refuse to strike, the congress shall proceed to nominate 3 persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuFe to submit to the authority of such court, or to appear or 212 Articles op Confederation defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, -which shall in like manner be final and decisive, — the judgment or sentence and other pro- ceedings being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties con- cerned: provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, with- out favor, affection, or hope of reward ' ' : provided also that no state shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants, are adjusted, the said grants or either of them being at the same time claim.ed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states. The United States in congress assembled shall also have the sole and exclusive right and poMer of regulating the alloy and value of coin struck by their own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States ; regulating the trade and manag- ing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated; establishing and regulating post-offices from one state to another throughout all the United States, and exacting such postage on the papers pass- ing through the same as may be requisite to defray the expenses of the said office; appointing all officers of the land-forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commission- Articles of Confederation 213 ing all officers whatever in the service of the United States; making rnles for the government and regulation of the said land and naval forces, and directing their operations. The United States in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated ' ' A committee of the states, ' ' and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction; to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the se vice of the United States, and to appropriate and apply the same for defraying the public ex- penses; to borrow money, or emit bills on the credit of the United States, transmitting every half-year to the respective states an account of the sums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisition shall be binding; and thereupon the legisla- ture of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States ; and the officers and men so clothed, armed, and equipped shall march to the place appointed and within the time agreed on by the United States in congress assembled: But if the United States in congress assembled shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge can be safely spared; and the officers and men so clothed, armed, and 214 Articles of Confederation equijjped shall march to the place appointed, and within the time agreed on by the United States in congress assembled. The T.'nited States in conyress iissembJed shall never engage in a war; nor grant letters of marque and reprisal in time ot peace; nor enter into any treaties or alliances; nor coin money, nor regulate the value thereof; nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them ; nor emit bills, nor borrow money on the credit of the United States; nor appropriate money; nor agree upon the number of vessels-of-Avar to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day, be determined, unless by tlio votes of a majority of the United States in congress assembled. The congress of the United States shall have power to ad- journ to any time w^ithin the year, and to any place wdthin the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof, relating to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the dele- gates of a state, or &ny of them, at his or their request, shall be furnislied with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states. Art. X. — The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the poMers of congress as the United States in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no po^ver be delegated to the said committee, for the exercise of whicli, by the articles of confederation, the voice of nine states in the congres^^s of the United States assembled is requisite. Articles of Confederation 215 Art. XI. — Canada, acceding to this confederation, and join- ing in the measures of the United States, shall be admitted into, and entitled to all the advantages of, this union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. Art. XII. — All bills of credit emitted, moneys borrowed, and debts contracted, by or under the authority of congress before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United states, for payment and satisfaction whe.eof the said United States and the public faith are hereby solemnly pledged. Art. XTIL — Every state shall abide by the determinations of the United States in congress af-semblcd, on all questions which, by this confederation, are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed by the legislatures of every state. And whereas it hath pleased the great Governor of the world to incline the hearts of the legislatures we respectively repre?:ent in congress to approve of, and to authorize us to ratify, the said articles of confederation and perpetual union, KNOW YE, that we, the undersigned delegates, by virtue of the power .md authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: And v>e do further solemnly jdight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in congress assembled on all questions which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual. In witness whereof, we have hereunto set our hands in congress. 216 Ordinance of 1787 Done at Philadelphia, in the state of Pennsylvania, the 9th day of July, in the year of our Lord 1778, and in the 3d year of the Independence of America. ORDINANCE OF 1787 BE IT OKDAINED by the United States in congress assem- bled. That the said territory, for the purposes of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may in the opinion of congress, make it expedient. Be it ordained by the authority aforesaid. That the estates, both of resident and non-resident proprietors in the said terri- tory, dying intestate, sliall descend to, and be distributed among their children, and the descendants of a deceased child in equal parts; the descendants of a deceased child or grandchild, to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate, shall have in equal parts among them, their deceased parents' share; and there shall in no case be a distinction betAveen kindred of the whole and half-blood; saving in all eases to the Avidow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relatiAe to descents and dower, shall remain in full force until alteied by the legislature of the district. — And until the governor and judges shall adopt laws as hereinafter men- tioned, estates in the said territory may be devised or be- queathed by wills in writing, signed and sealed by him or her, in whom the estate may be (being of full age) and attested by three witnesses; — and real estate may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person being of full age, in whom the estate may be, and attested by two aa itnesses, provided such Avills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proA'ed, and be recorded Avithin one year after proper Ordinance of 1787 217 magistrates, courts, and registers shall be appointed for that purpose ; and personal property may be transferred by delivery ; saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, Saint Vincent 's, and the neigh- boring villages, who have heretofore professed themselves citi- zens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Be it ordained by the authority aforesaid, That there shall be appointed from time to time, by congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by congress, he shall reside in the district, and have a freehold estate therein, in 1,000 acres of land while in the exercise of his office. There shall be appointed from time to time, by congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked ; he shall reside in the district, and have a freehold estate therein, in 500 acres of land, while in the exercise of his office; it shall be his duty to keep and pre- serve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department ; and transmit authentic copies of such acts and proceedings, every six months, to the secretary of congress : There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in 500 acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior. The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original states, criminal and civil, as may be nece&sary, and best suited to the circumstances of the district, and report them to congress, from time to time; which laws shall be in force in the district until the organization of the general assembly therein, unless disap- proved of by congress ; but afterwards the legislature shall have authority to alter them as they shall think fit. The governor for the time being, shall be commander-in-chief 218 Ordinance of 1787 of the militia, ajipoint and commission nil officers in the same, below tiie rank of general ofifk-ers; all general officers fhall be ajipointed and commissioned by congress. Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same: After the general assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the gov- ernor shall make proper divisions thereof — and he shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. So soon as there shall be 5,000 free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly; provided that for every 500 free male inhjibitants, there shall be one representative, and so on progressively wnth the number of free male inhabitants shall the right of representation increase, until the number of repre- sentatives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legislature: provided that no j^erson be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years ; and in either case shall likewise hold in his own right, in fee simple, 200 acres of land within the same; provided also. Ordinance of 1787 " 219 that a freehold in fifty ac es of land in tlie d's'jiiet, bavin ij been a citizen of one of the states, and being resident in the district, or the like freehold and two years residence in the district shall be necessary to qualify a man as an elector of a representative. The representatives thus elected, shall serve for the terra of two years (3) ; and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term. The general assembly, or legislature, shall consist of the gov- ernor, legislative council, and a house of representatives. The legislative council shall consist of 5 members, to continue in oflflce 5 years, unless sooner removed by congress ; any 3 of whom to be a quorum: and the members of the council shall be nomi- nated and appointed in the following manner, to-wit : As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and, when met, they shall nominate 10 persons, residents in the district, and each possessed of a freehold in 500 acres of land, and return their names to congress; 5 of whom congress shall appoint and com- mission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate 2 persons, qualified as afore- said, for each vacancy, and return their names to congress; one of whom congress shall appoint and commission for the residue of the term. And every 5 years, 4 months at least before the expiration of the time of service of the members of council, the said house shall nominate 10 persons, qualified as aforesaid, and return their names to congress; 5 of whom congress shall apjDoint and commission to serve as members of the council 5 years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws, in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by .a m.ajority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill or legis- 220 Ordinance of 1787 lative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue and dis- solve the general assembly, when in his opinion it shall be expedient. The governor, judges, legislative council, secretary, and such other officers as congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of ofl&ce; the governor before the president of congress, and all other officers before the governor. As soon as a legislature shall be formed in the district the council and the house assembled, in one room, shall have authority by joint ballot, to elect a delegate to con- gress, who shall have a seat in congress, with a right of debat- ing, but not of voting during this temporary government. And for extending the fundamental principles of civil and religious liberty, v/hich form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and gov- ernments, which forever hereafter shall be formed in the said territory: to provide also for the establishment of states, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original states, at as early periods as may be consistent with the general interest. It is hereby ordained and declared, by the authority aforesaid. That the following articles shall be considered as articles of compact between the original states, and the people and states in the said territory, and forever remain unalterable, unless by common consent, to-wit: 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of wor- ship or religious sentiments, in the said territory. 2. The inhabitants of the said territory shall always be en- titled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident, or the Ordinance of 1787 221 presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land, and should the public exi- gencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall in any manner wdiatever interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed. 3. Eeligion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorized by congress; but laws founded in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for jDreserving peace and friendship with them. 4. The said territory, and the states which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the articles of confedera- tion, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in congress assembled, conformable thereto. The inhabitants and settlers in the said territory, shall be subject to pay a part of the federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be appor- tioned on them by congress, according to the same common rule and measure, by which apportionments thereof shall be made on the other states; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts or new states, as in the 222 Ordinance of 1787 original states, within the time agreed upon by the United States in congress assembled. The legislatures of those dis- tricts or new states, shall never interfere with the primary dis- posal of the soil by the United States in congress assembled, nor with any regulations congress may find necessary for secur- ing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mis- sissippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor. 5. There shall be formed in the said territory not less than 3, nor more than 5 states; and the boundaries of the states, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western state in the said territory shall be bounded by the Mississippi, the Ohio and Wabash rivers; a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada; and by the said territorial line to the lake of the Woods and Mississippi. The middle state shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio; by the Ohio, by a direct line drawn due north from the mouth of the Great Miami, to the said territorial line, and by the said territorial line. The eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line : provided, however, and it is further understood and declared, that the boundaries of these 3 states, shall be subject so far to be altered, that if congress shall hereafter find it expedient, they shall have authority to form 1 or 2 states in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of lake Michigan. And whenever any of the said states, shall have 60,000 free Ordinance of 1787 223 inhabitants therein, such state shall be admitted, by its dele- gates, into the congress of the United States, on an equal foot- ing with the original states, in all respects whatever; and shall be at liberty to form a permanent constitutional and state gov- ernment: provided the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and so far as it can be consistent vith the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than 60,000. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original states, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained by the authority aforesaid, That the resolu- tions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void. THE CONSTITUTION OF THE UNITED STATES OF AMERICA Preamble We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, jjrovide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our pos- terity, do ordain and establish this constitution for the United States of America. ARTICLE I— Legislative Section 1 — Congress 1. All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. Section 2. — House of representatives 1. Election — The house of representatives shall be composed of members chosen every 2d year by the people of the several states; and the electors in each state shall have the qualifica- tions requisite for electors of the most numerous branch of the state legislature. 2. Qualifications — No person shall be representative who shall Tiot have attained the age of 25 years, and been 7 years a citizen of the United States, and who shall not when elected, be an inhabitant of that state in which he shall be chosen. 3. Ayportionment — Eepresentatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which s'.all be determined by adding to the whole number of free per- sons, including those bound to service for a term of years, and 224 Congress : Organization 225 excluding Indians not taxed, % of all other persons. The actual enumeration shall be made within 3 years after the first meeting of the congress of the United States, and within every subsequent term of 10 years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every 30,000, but each state shall have at least 1 representa- tive; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose 3; Massachusetts, 8 ; Ehode Island and Providence Plantations, 1 ; Connecticut, 5 ; New,. York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5; and Georgia, 3. 4. Vacancies — ^When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5. Officers — The house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. Section 3 — Senate [This paragraph has been amended. See Article XVII of the amendments : 1. Election — The senate of the United States shall be composed of 2 senators from each state, chosen by the legislature thereof, tor six years; and each senator shall have 1 vote.] 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into 3 classes. The seats of the senators of the 1st class shall be vacated at the expiration of the 2d year, of the 2d class at the expiration of the 4th year, and of the 3d class at the expira- tion of the 6th year, so that % may be chosen every 2d year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. See Amend- ment XVII. 3. Qualifications — No person shall be a senator who shall not have attained the age of 30 years, and been 9 years a citizen 226 National Constitution of the United states, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. Officers — The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided. 5. The senate shall choose their other officers, and also a pres- ident pro tempore in the absence of the vice-president, or when he shall exercise the office of president of the United States. 6. Impeachment — The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall b3 convicted without the concurrence of % of the members present. 7. Judgments in cases of impeachments shall not extend fur- ther than removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, ac- cording to law. Section 4 — Elections and meetings of congress 1. Elections — The times, places and manner of holding elec- tions for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the place of choosing senators. 2. Meetings — The congress shall assemble at least once in every year ; and such meeting shall be on the 1st Monday in De- cember, unless they shall by law appoint a different day. Section 5 — Organization 1. Quorum — Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a cjuorum to do business; but a smaller number may adjourn from day to day, and may be authorized Congress : Organization 227 to compel the attendance of absent members, in such manner and under such penalties as each house may provide. 2. Bules — Each house may determine the rules of its pro- ceedings, punish its members for disorderly behavior, and with the concurrence of %, expel a member. 3. Journal — Each house shall keep a journal of its proceed- ings and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of ^^ of those present, be entered on the journal. 4. Adjournment — Neither house, during the session of con- gress, shall, without the consent of the other, adjourn for more than 3 days, nor to any other place than that in which the two houses shall be sitting. Section 6 — Members as individuals 1. Tay and privileges — The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place. 2. Prohibitions — No senator or representative shall, during the time for which he was elected, be apointed to any civil oflSce under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any ofl&ce under the United States shall be a member of either house dur- ing his continuance in ofl&ce. Section 7 — ^Eevenue bills; the veto 1. Bevenue hills — All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills. 228 National Constitution 2. The veto — Every bill whicli shall have passed the house of representatives and the senate shall, before it become a law, be presented to the president of the United States; if he approve, he shall sign it; but if not he shall return it, with his objections, to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, % of that house shall agree to pass the bill, it shall be sent, to- gether with the objections, to the other house, by which it> shall likewise be reconsidered; and, if approved by % of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within 10 days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return, in which case it shall not be a law. 3. Every order, resolution or vote, to which the concurrence of the senate and the house of representatives may be necessary (except on a question of adjournment), shall be presented to the president of the United States; and, before the same shall take effect, shall be approved by him ; or, being disapproved by him shall be repassed by % of the senate and house of representatives, according to the rules and limitations pre- scribed in the case of a bill. Section 8 — Legislative powers The congress shall have power: 1. To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. 2. To borrow money on the credit of the United States. Congress: Powers 229 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes. 4. To establish an uniform rule of naturalization, and uni- form laws on the subject of bankruptcies throughout the United States. 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. 6. To provide for the punishment of counterfeiting the securities and current coin of the United States. 7. To establish post-ofl&ces and post-roads. 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclu- sive right to their respective writings and discoveries. 9. To constitute tribunals inferior to the supreme court. 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations. 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than 2 years. 13. To provide and maintain a navy. 14. To make rules for the government and regulation of the- land and naval forces. 15. To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be em- ployed in the service of the United States; reserving to the states respectively the appointment of the oflScers and the authority of training the militia according to the discipline prescribed by congress. 17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding 10 miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States; and to exercise like authority over all places purchased by the con- 230 National Constitution sent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. Section 9 — Prohibitions upon the United States 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year 1808 ; but a tax or duty may be imposed on such importation not exceeding $10 for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed ' to be taken. 5. No tax or duty shall be laid on any articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear or pay duties in another. 6. No money shall be drawn from the treasury but in con- sequence of appropriations made by law; and a regular state- ment and account of the receipts and expenditures of all pub- lic money shall be published from time to time. 7. No title of nobility shall be granted by the United States ; and no j)erson holding any of3Eice of profit or trust under them shall, without the consent of the congress, accept of any pres- ent, emolument, office or title of any kind whatever, from any king, prince, or foreign state. The President; Powers 231 Section 10 — Prohibitions upon the states 1. Absolute — No state shall enter into any treaty, alliance or confederation ; grant letters of marque and reprisal ; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. Except by consent of congress — No state shall, without consent of congress, lay any imports or duties on imports or exports, except what may be obsolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the congress. No state shall, without the consent of congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II— Executive Section 1 — The President and Vice-President 1. Election — The executive power shall be vested in a presi- dent of the United States of America. He shall hold his office during the term of 4 years; and together with the vice- president chosen for the same term, be elected as follows: 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 232 National Constitution The following clause has been superseded by Article XII of the amendments : 3. The electors shall meet in their respective states, and vote by ballot for 2 persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed, and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president ; and if no person have a majority, then, from the 5 highest on the list, the said house shall, in like manner, choose the president. But in choosing the president, the vote shall be taken by states, the representation from each state having 1 vote : a quorum for this purpose shall consist of a member or members from % of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain 2 or more who have equal votes, the senate shall choose from them, by ballot, the vice-president. 4. The congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. Qualifications — No person, except a natural born citizen or a citizen of the United States at the time of the adoption of this constitution shall be eligible to the oflSce of president; neither shall any person be eligible to that office who shall not have attained to the age of 35 years, and been 14 years a resident within the United States. 6. Vacancy — In case of the removal of the president from office, or of his death, resignation or inability to discharge the powers and duties of said office, the same shall devolve on the vice-president; and the congress may, by law, provide for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then The President; Powers 233 act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected. 7. Salary — The president shall, at stated times, receive for his services a compensation which shall neither be increased or diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the United States, or any of them. 8. Oath — Before he enter on the execution of his office, he shall take the following oath of affirmation: *^I do solemnly swear (or affirm) that I will faithfully exe- cute the office of president of the United States; and will, to the best of my ability, preserve, protect and defend the con- stitution of the United States.** Section 2 — Pov^ers op the president 1. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States. He may require the oj)inion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardon for offenses against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the senate, to make treaties, provided % of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate shall appoint, ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. But the congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments. 3. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. 234 National Constitution Section 3 1. He shall, from time to time, give to the congress informa- tion of the state of the union, and recommend to their con- sideration such measures as he shall judge neces&ary and expedient. He may, on extraordinary occasions, convene both houses, or either of them ; and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the oflEicers of the United States. Section 4 — Impeachments 1. The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery or other higher crimes and misdemeanors. ARTICLE III— Jud-clal Section 1 — Courts 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time lo time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices dur- ing good behavior; and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Section 2 — Jurisdiction 1. Extent — The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other pub- lic ministers and consuls; to all cases of admirality and mari- time jurisdiction ; to controversies to which the United States Relations of States 235 shall be a party; to controversies between 2 or more states; between a state and citizens of another state; between citi- zens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. 2. Original and appellate — In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdic- tion. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the congress shall make. 3. Criminal — The trial of all crimes^ except in cases of im- peachment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. Section 3 — Treason 1. Definition and proof — Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of 2 witnesses to the same overt act, or on confession in open court. 2. Limit — The congress shall have power to declare the pun- ishment of treason, but no attainder of treason shall work cor- ruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV— Relations of states Section 1 — Public records 1. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state; and the congress may, by general laws, prescribe the 236 NatioNxVl Constitution manner in which such acts, records and proceedings shall be proved, and the effect thereof. Section 2 — Rights of citizens 1. In other states — The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 2. Extradition — A person charged in any state with treason, felony or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. 3. A relic of slavery — No person held to service or labor in one state under the laws thereof, escaping into another shall, in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered upon claim of the party to whom such service or labor may be due. Section 3 — New states and territories 1. New states — New states may be admitted by the congress into this union ; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of 2 or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress. 2. Territories — The congress shall have power to dispose of, and make all needful rules and regulation respecting, the terri- tory or other property belonging to the United States, and nothing in this constitution shall be so construed as to preju- dice any claims of the United States, or of any particular state. Section 4 — National protection 1. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion ; and, on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. Amendments 237 ARTICLE V— Amendments 1. The congress, whenever % of both houses shall deem it necessary, shall propose amendments to this constitution; or, on the application of the legislatures of % of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution when ratified by the legislatures of % of .the several states, or by conventions of % thereof, as the one or the other mode of ratification may be proposed by congress; provided that no amendment, which may be made prior to the year 1808, shall in any manner affect the 1st and 4th clauses in the 9th section of the 1st article, and that no state without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI— Sundry provisions 1. National dehts — All debts contracted and engagements en- tered into before the adoption of this constitution shall be as valid against the United States under this constitution, as under the confederation, 2. National law supreme — This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the author- ity of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary not- withstanding. 3. Oaths — The senators and representatives before mentioned, and the members of the several state legislatures, and all exe- cutive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. 238 National Constitution ARTICLE VII— Establishment 1. The ratification of the conventions of 9 states shall be sufficient for the establishment of this constitution between the states so ratifying the same. — Constitution ratified by states, 1787-90. AMENDMENTS I — Freedom of religion, speech and petition Congress may make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. — (1791). II — Arms A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.— fi75i;. Ill — Quartering of soldiers No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. — (1791). IV — Search warrants The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and partic- ularly describing the place to be searched, and the -persons or things to be seized. — (1791). Amendments 239 V — Criminal proceedings No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or pub- lic danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be com- pelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use with- out just compensation. — (1791). VI — Criminal proceedings In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be con- fronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. — (1791). VII — Trial by jury- in suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined m any court of the United States, than according to the rules of the common law.— (1791). VIII — Excessive bail and punishment Excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishments inflicted. — (1791). 240 National Constitution IX — Rights not named The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. —(1791). X — Powers reserved by the states The powers not delegated to the United States by the consti- tution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. — (1791). XI — Suits against states The judicial povv^er of the United States shall not be con- strued to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of an- other state, or by citizens or subjects of any foreign state. —(1798). XII — Election of president 1. The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as presi- dent, and in distinct ballots the person voted for as vice-presi- dent ; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all tlie certificates, and the votes shall then be counted. The person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers, not exceeding 3, on the list of those voted for Amendments 241 as president, the house of representatives shall choose imme- diately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall con- sist of a member or members from % of the states, and a ma- jority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, when- ever the right of the choice shall devolve upon them, before the 4th day of March next following, then the vice-president shall act as president as in the case of the death or other constitu- tional disability of the president. 2. The person having the greatest number of votes as vice- president shall be the vice-president, if such number be a major- ity of the whole number of electors appointed ; and if no person have a majority, then from the 2 highest numbers on the list the senate shall choose the vice-president. A quorum for the purpose shall consist of % of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.— (1804). XIII — Slavery abor'shed Neither slavery nor involuntary servitude, except as a punish- ment for crime, whereof the party shall have been duly con- victed, shall exist w'ithin the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by ap- propriate legislation. — (1865). XIV— Civil rights 1. Civil rights — All persons born or naturalized in the United States subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No state 242 National Constitution shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States ; nor shall any- state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. 2. Apportionment of representatives — Representatives shall be apportioned among the several states according to their respec- tive numbers, counting the whole number of persons in each* state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice- president of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being 21 years of age, and citizens of the United States, or in any way abridged, except for participation in rebel- lion or other crime, the basis of representation therein shall be reduced in the proportion which the Jiumber of such male citizens shall bear to the whole number of male citizens 21 years of age in such state. 3. Political disahilities — No person shall be a senator or representative in congress, or elector of president and vice- president, or hold any office, civil or military, under the United States, or under any state, who having previously taken an oath as a member of congress, or as an officer of the United States, or as any member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebel- lion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of % of each house, re- move such disability. 4. Public debt — The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrec- tion and rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for loss or emancipation of any Amendments 243 slave; but all such debts, obligations and claims shall be held illegal and void. 5. The congress shall have power to enforce, by appropriate legislation, the provisions of this article. — (1868). XV— Suffrage 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servi- tude. 2. The congress shall have power to enforce this article by appropriate legislation. — (1870). XVI— Taxes The congress shall have power to lay and collect taxes on in- comes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration. XVII— The Senate Tho senate of the United States shall be composed of two senators from each state, elected by the people thereof, for six years ; and each senator shall have one vote. The* electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. When vacancies happen in the representation of any state in the senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, That the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacan- cies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the constitution. THE CONSTITUTION OF THE STATE OF NEW MEXICO Adopted by the Constitutional Convention, Held AT Santa Fe, N. M., from October 3 to Novem- ber 21, 1910, and Eatified by the People January 21, 1911. We, the people of New Mexico, grateful to Al- mighty God for the blessings of liberty, in order to secure the advantages of a state government, do ordain and establish tliis constitution. ARTICLE I — Name and Boundaries The name of this state is Ncav Mexico, and its boundaries are as follows : Beginning at the point where the thirty-seventh parallel of north latitude intersects the one hundred and third meridian west from Greenwich ; thence along said one hundred and third meridian to the thirty-second parallel of north latitude; thence along said thirty-second parallel to the Rio Grande, also known as the Rio Bravo del Norte, as it existed on the ninth day of September, one thousand eight hundred and fifty; thence, following the main chan- nel of said river, as it existed on the ninth day of September, one thousand eight hundred and fifty, to the parallel of thirty-one degrees forty-seven min- 244 Sec. 5] Bill of Rights 245 utes north latitude; thence west one hundred miles to a point; thence south to the parallel of thirty-one degrees twenty minutes north latitude; thence along said parallel of thirty-one degrees twenty minutes, to the thirty-second meridian of longitude west from Washington ; thence along said thirty-second meridian to the thirty-seventh parallel of north latitude ; thence along said thirty-seventh parallel to the point of be- ginning. ARTICLE II— Bill of Rights Section 1. Relation to the Union. — The State of New Mexico is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land. Sec. 2. Relation of government to the people. — All political power is vested in and derived from the people; all government of right originates Avith the people, is founded upon their will and is instituted solely for their good. Sec. 3. Self-government. — The people of the state have the sole and exclusive right to govern them- selves as a free, sovereign and independent state. Sec. 4. Inalienahle rights. — All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of en- joying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness. Sec. 5. Treaty of Guadalupe Hidalgo. — The rights, privileges and immunities, civil, political and relig- 246 Constitution of New Mexico [Art. II ious, guaranteed to the people of New Mexico by the treaty of Guadalupe Hidalgo shall be preserved in- violate. Sec. 6. Right to hear arms. — The people have the right to bear arms for their security and defense, but nothing herein shall be held to permit the carrying of concealed weapons. Sec. 7. Writ of habeas corpus. — The privilege of the writ of habeas corpus shall never be suspended, unless, in case of rebellion or invasion, the public safety requires it. Sec. 8. Free and open elections. — All elections shall be free and open, and no power, civil or mili- tary, shall at any time interfere to prevent the free exercise of the right of suffrage. Sec. 9. Sub ordination of military powers. — The military shall always be in strict subordination to the civil power; no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war except in the manner pre- scribed by law. Sec. 10. Search warrant. — The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures, and no war- rant to search any place, or seize any persons or thing, shall issue without describing the place to be searched, or the persons or things to be seized, nor without a written showing of probable cause, sup- ported by oath or affirmation. Sec. 11. Freedom of worship. — Every man shall be free to worship God according to the dictates of his Sec. 14] Bill of Eights 247 own conscience, and no person shall ever be molested or denied any civil or political right or privilege on account of his religious opinion or mode of re- ligious worship. No person shall be required to attend any place of worship or support any religious sect or denomination; nor shall any preference be given by law to any religious denomination or mode of worship. Sec. 12. Trial by jury. — The right of trial by jury as it has heretofore existed shall be secured to all and remain inviolate. In all cases triable in courts inferior to the district court the jury may consist of six. The legislature may provide that verdicts in civil cases may be rendered by less than a unanimous vote of the jury. Sec. 13. Bail. — All persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. Exces- sive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Sec. 14. Presentment or indictment. — No persons shall be held to answer for a capital, felonious or in- famous crime unless on a presentment or indict- ment of a grand jury, except in cases arising in the militia when in actual service in time of war or pub- lic danger. In all criminal prosecutions the accused shall have the right to appear and defend himself in person, and by counsel to demand the nature and cause of the accusation ; to be confronted with the witnesses against him; to have the charge and testi-. mony interpreted to him in a language that he under- 248 Constitution of New Mexico [Art. II stands; to have compulsory process to compel the attendance of necessary witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. Sec. 15. Right of accused. — No person shall bo compelled to testify against himself in a criminal pro- ceeding, nor shall any person be twice put in jeopardy for the same offiense ; and when the indictment, in- formation or affidavit upon which any person is con- victed charges different offenses or different degrees of the same offense and a new trial is granted, the accused, he may not again be tried for an offense or degree of the offense greater than the one of which he was convicted. Sec. 16. Treason. — Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confes- sion in open court. Sec. 17. Freedom of speech. — Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right • and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true and was published wdth good motives and for justifiable ends, the party shall be acquitted. Sec. 1] Distribution of Powers 249 Sec. 18. Due process of law. — No person shall be deprived of life, liberty or property without due proc- ess of law; nor shall any person be denied the equal protection of the laws. Sec. 19. Ex-post-facto law, etc. — No ex-post-facto law, bill of attainder, nor law impairing the obliga- tion of contracts shall be enacted by the legislature. Sec. 20. Eminent domain. — Private property shall not be taken or damaged for public use without just compensation. Sec. 21. Imprisonment for debt. — No person shall be imprisoned for debt in any civil action. Sec. 22. Aliens. — No distinction shall ever be made by law between resident aliens and citizens in regard to the ownership or descent of property. Sec. 23. Rights retained. — The enumeration in this constitution of certain rights shall not be con- strued to dem^, impair or disparage others retained by the people. ARTICLE III— Distribution of Powers Section 1. The powers of the government of this state are divided into three distinct departments, the Legislative, Executive and Judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these depart- ments, shall exercise any powers properly belonging to either of the others, except as in this constitution otherwise expressly directed or permitted. 250 Constitution of New Mexico [Art. IV ARTICLE IV— Legislative Department Section 1. Senate and house. — The legislative power shall be vested in a senate and house of representatives which shall be designated the Legis- lature of the State of New Mexico, and shall hold its sessions at the seat of government. Referendum. — The people reserve the power to dis- approve, suspend and annul any law enacted by the legislature, except general appropriation laws ; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise pro- vided ; for the maintenance of the public schools or state institutions, and local or special laws. Petitions disapproving any law other those above excepted, enacted at the last preceding session of the legisla- ture, shall be filed with the secretary of state not less than four months prior to the next general elec- tion. Such petitions shall be signed by not less than ten per centum of the qualified electors of each of three-fourths of the counties and in the aggregate by not less than ten per centum of the qualified electors of the state, as shown by the total number of votes cast at the last preceding general election. The ques- tion of the approval or rejection of such law shall be submitted by the secretary of state to the electorate at the next general election; and if a majoritj^ of the legal votes cast thereon, and not less than forty Sec. 1] Legislative Department 251 per centum of the total number of legal votes cast at such general election, be cast for the rejection of such law, it shall be annulled and thereby repealed with the same effect as if the legislature had then repealed it, and such repeal shall revive any law repealed by the act so annulled ; otherwise, it shall remain in force unless subsequently repealed by the legislature. If such petition or petitions be signed by not less than twenty-five per centum of the quali- fied electors under each of the foregoing conditions, and be filed with the secretary of state within ninety days after the adjournment of the session of the legis- lature at which such law was enacted, the operation thereof shall be thereupon suspended and the question of its approval or rejection shall be likewise sub- mitted to a vote at the next ensuing general elec- tion. If a majority of the votes cast thereon and not less than forty per centum of the total number of votes cast at such general election be cast for its re- jection, it shall be thereby annulled ; otherwise, it shall go into effect upon publication of the certificate of the secretary of state declaring the result of the vote thereon. It shall be a felony for any person to sign any such petition with any name other than his own, or to sign his name more than once for the same measure, or to sign such petition when he is not a qualified elector in the county specified in such petition ; provided, that nothing herein shall be con- strued to prohibit the writing thereon of the name of any person who cannot write, and who signs the same with his mark. The legislature shall enact laws 252 Constitution of New Mexico [Art. IV necessary for the effective exercise of the power here- by reserved. Sec. 2. Fulness of power. — In addition to the powers herein enumerated, the legislature shall have all powers necessary to the legislature of a free state. Sec. 3. Number and eligihility of legislature. — The senate shall consist of twenty-four, and the house of representatives of forty-nine members, who shall be qualified electors of their respective districts and resi- dents of New Mexico for at least three years next pre- ceding their election. Senators shall not be less than twenty-five years, and representatives not less than twenty-one years of age at the time of their election. No person shall be eligible to the legislature who, at the time of qualifying, holds any office of trust or profit under the state, county or national government, except notaries public and officers of the militia who receive no salary. Sec. 4. Election and term and vacancies. — Mem- bers of the legislature shall be elected as follows: Senators for the term of four years, and members of the house of representatives for the term of two years. They shall be elected on the day provided by law for holding the general election of state officers or representatives in congress. Vacancies in either house shall be filled by an election at a time to be designated by the governor. Sec. 5. Session begins and ends. — The first session of the legislature shall begin at twelve o'clock, noon, on the day specified in the proclamation of the gov- ernor. Subsequent sessions shall begin at 12 o'clock, Sec. 9] Legislative Department 253 noon, on the second Tuesday of January next after each general election. No regular session shall exceed sixty days, except the first, which may be ninety days, and no special session shall exceed thirty days. Sec. 6. Special sessions. — Special sessions of the legislature may be called by the governor, but no business shall be transacted except such as relates to the objects specified in his proclamation. Sec. 7. Quorum. — Each house shall be judge of the election and qualifications of its own members. A majority of either house shall constitute a quorum to do business, but a less number may effect a tem- porary organization, adjourn from day to day, and compel the attendance of absent members. Sec. 8. Who shall call to order. — The senate shall be called to order in the hall of the senate by the lieutenant-governor. The senate shall elect a presi- dent pro tempore who shall preside in the absence of the lieutenant-governor and shall serve until the next session of the legislature. The house of repre- sentatives shall be called to order in the hall of said house by the secretary of state. He shall preside until the election of a speaker, who shall be the member receiving the highest number of votes for that office. Sec. 9. Officers. — The legislature shall choose its own officers and employes and fix their compensation, but the number and compensation shall never exceed the following : For each house, one chaplain at three dollars per day; one chief clerk and one sergeant-at- arms, each at six dollars per day; one assistant chief 254 Constitution of New Mexico [Ai't. IV clerk and one assistant sergeant-at-arms, each at five dollars per day ; two enrolling clerks and two reading clerks, each at five dollars per day ; six stenographers for the senate and eight for the house, each at six dollars per day; and such subordinate employes in addition to the above as they may require, but the aggregate compensation of such additional employes shall not exceed twenty dollars per day for the senate and thirty dollars per day for the house. Sec. 10. Compensation. — Each member of the leg- islature shall receive as compensation for his services the sum of five dollars for each day 's attendance dur- ing each session and ten cents for each mile traveled in going to and returning from the seat of govern- ment by the usual traveled route, once each session, and he shall receive no other compensation, perquisite or allowance. Sec. 11. The rights of each house. — Each house may determine the rules of its procedure, punish its members or others for contempt or disorderly be- havior in its presence, and protect its members against violence; and may, with the concurrence of two- thirds of its members, expel a member, but not a sec- ond time for the same act. Punishment for contempt or disorderly behavior or by expulsion shall not be a bar to a criminal prosecution. Sec. 12; Fuhlic sessions. — All sessions of each house shall be public. Each house shall keep a jour- nal of its proceedings, and the yeas and nays on any question shall, at the request of one-fifth of the mem- bers present, be entered thereon. The original thereof Sec. 16] Legislative Department 255 shall be filed with the secretary of state at the close of the session, and shall be printed and published under his authority. Sec. 13. Privileges of memhers. — Members of the legislature shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their re- spective houses, and on going to and returning from the same. And they shall not be questioned in any other place for any speech or debate or for any vote cast in either house. Sec. 14. Aeljournment. — Neither house shall, with- out the consent of the other, adjourn for more than three days, Sundays excepted ; nor to any other place than that where the two houses are sitting; and on the day of the final adjournment they shall adjourn at twelve o'clock noon. Sec. 15. Process of legislating. — No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose. The enacting clause of all bills shall be: "Be it enacted by the legis- lature of the State of New Mexico." Any bill may originate in either house. No bill, except bills to provide for the public peace, health and safety, and the codification or revision of the laws, shall become a law unless it has been printed, and read three dif- ferent times in each house, not more than two of which readings shall be on the same day, and the third of which shall be in full. Sec. 16. Bills. — The subject of every bill shall 256 Constitution of New Mexico [Art. IV be clearly expressed in its title, and no bill embracing more than one subject shall be passed except general appropriation bills and bills for the codification or revision of the laws; but if any subject is embraced in any act which is not expressed in its title, only so much of the act as is not so expressed shall be void. General appropriation bills shall embrace nothing but appropriations for the expense of the executive, legislative and judiciary departments, interest, sink- ing fund, payments on the public debt, public schools, and other expenses required by existing laws; but if an}^ such bill contain any other matter, only so much thereof as is hereby forbidden to be placed therein shall be void. All other appropriations shall be made by separate bills. Sec. 17. Vote on hills. — No bill shall be passed except by a vote of a majority of the members present in each house, nor unless on its final passage a vote be taken by yeas and nays, and entered on the journal. Sec. 18. Revision of laws. — No law shall be revised or amended, or the provisions thereof extended by reference to its title only; but each section thereof as revised, amended or extended shall be set out in full. Sec. 19. Limit on introduction of hills. — No bill for the appropriation of money, except for the current expenses of the government, and no bill for the in- crease of compensation of any officer, or for the cre- ation of any lucrative office, shall be introduced after the tenth day prior to the expiration of the session, Sec. 22] Legislative Depaetment 257 as provided herein, except by unanimous consent of the house in which it is introduced. No bill shall be acted upon at any session unless introduced at that session. Sec. 20. Enrolling and engrossing of hills. — Im- mediately after the passage of any bill or resolution, it shall be enrolled and engrossed, and read publicly in full in each house, and thereupon shall be signed by the presiding officers of each house in open ses- sion, and the fact of such reading and signing shall be entered on the journal. No interlineation or eras- ure in a signed bill shall be effective, unless certified thereon in express terms by the presiding offcer of each house quoting the words interlined or erased, nor unless the fact of the making of such interlinea- tion or erasure be publicly announced in each house and entered on the journal. Sec. 21. Felonious handling of hills. — Any person who shall, without lawful authority, materially change or alter, or make away with, any bill pending in or passed by the legislature, shall be deemed guilty of a felony and upon conviction thereof shall be pun- ished by imprisonment in the penitentiary for not less than one year nor more than five years. Sec. 22. Governor's legislative duty. — Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he approve, he shall sign it, and deposit it with the secretary of state ; otherwise, he shall return it to the house in which it originated, with his objections, which shall be entered at large upon the journal; 258 Constitution of New Mexico [Art. IV and such bill shall not become a law unless thereafter approved by two-thirds of the members present and voting in each house by yea and nay vote entered upon its journal. Any bill not returned by the gov- ernor within three days, Sundaj^s excepted, after being presented to him, shall become a law, whether signed by him or not, unless the legislature by adjournment prevent such return. Every bill presented to the gov- ernor during the last three days of the session shall be approved or disapproved by him within six days after the adjournment, and shall be by him immedi- ately deposited with the secretary of state. Unless so approved and signed by him such bill shall not be- come a law. The governor may in like manner ap- prove or disapprove any part or parts, item or items, of any bill appropriating money, and such parts or items approved shall become a law, and such as are disapproved shall be void, unless passed over his veto, as herein provided. Sec. 23. When laivs go into effect. — Laws shall go into effect ninety days after the adjournment of the legislature enacting them, except general appropria- tion laws, which shall go into effect immediately upon their passage and approval. Any act necessary for the preservation of the public peace, health or safety, shall take effect immediately upon its passage and approval, provided it be passed by two-thirds vote of each house and such necessity be stated in a separate section. Sec. 24. Restrictions on legislative power.— The legislature shall not pass local or special laws in any Sec. 24] Legislative Department 259 of the following cases: Regulating county, precinct or district affairs ; the jurisdiction and duties of jus- tices of the peace, police magistrates and constables ; the practice in courts of justice ; the rate of interest on money; the punishment for crimes and misde- meanors; the assessment or collection of taxes or ex- tending the time of collection thereof; the summon- ing and impanelling of jurors; the management of public schools; the sale or mortgaging of real estate of minors or others under disability; the change of venue in civil or criminal cases. Nor in the follow- ing cases : Granting divorces ; laying out, opening, altering or working roads or highways, except as to state roads extending into more than one county, and military roads; vacating roads, town plats, streets, alleys or public grounds ; locating or changing county seats, or changing county lines, except in creating new counties ; incorporating cities, towns or villages or changing or amending the charter of any city, town or village; the opening or conducting of any election or designating the place of voting ; declaring any per- son of age ; chartering or licensing ferries, toll bridges, toll roads, banks, insurance companies, or loan and trust companies ; remitting fines, penalties, forfeit- ures or taxes ; or refunding money paid into the state treasury, or relinquishing, extending or extinguish-, ing, in whole or in part, any indebtedness or liability of any person or corporation, to the state or any municipality therein ; creating, increasing or decreas- ing fees, percentages or allowances of public officers; changing the laws of descent ; granting to any cor- 260 Constitution of New Mexico [Art. IV poration, association or individual the right to lay down railroad tracks or any special or exclusive privi- lege, immunity or franchise, or amending existing charters for such purpose ; changing the rules of evi- dence in any trial or inquiry; the limitation of ac- tions; giving effect to any informal or invalid deed, will or other instrument; exempting property from taxation; restoring to citizenship any person con- victed of an infamous crime; the adoption or legiti- mizing of children; changing the name of persons or places; and the creation, extension or impairment of liens. In every other case where a general law can be made applicable, no special law shall be enacted. Sec. 25. Laws forbidden. — No law shall be enacted legalizing the unauthorized or invalid act of any officer, remitting any fine, penalty or judgment against any officer, or validating any illegal use of public funds. Sec. 26. Special concessions forbidden. — The leg- islature shall not grant to any corporation or person, any rights, franchises, privileges, immunities or ex- emptions which shall not, upon the same terms and under like conditions, inure equally to all persons or corporations; no exclusive right, franchise, privilege or immunity shall be granted by the legislature or any municipality in this state. Sec. 27. Extra compensation forbidden. — No law shall be enacted giving any extra compensation to any public officer, servant, agent or contractor after serv- ices are rendered or contract made ; nor shall the com- pensation of any officer be increased or diminished Ses. 31] Legislative Department 261 during his term of office, except as otherwise provided in this constitution. Sec. 28. Ineligibility of members. — No member of the legislature shall, during the term for v^hich he was elected, be appointed to any civil office in the state, nor shall he within one year thereafter be ap- pointed to any civil office created, or the emoluments of which were increased during such term; nor shall any member of the legislature during the term for which he was elected nor within one year thereafter, be interested directly or indirectly in any contract with the state or any municipality thereof, which was authorized by any law passed during such term. Sec. 29. Laws authorizing indebtedness. — No law authorizing indebtedness shall be enacted which does not provide for levying a tax sufficient to pay the interest, and for the payment at maturity of the prin- cipal. Sec. 30. Authority to pay out money. — Except interest or other payments on the public debt, money shall be paid out of the treasury only upon appropria- tions made by the legislature. No money shall be paid therefrom except upon warrant drawn by the proper officer. Every law making an appropriation shall distinctly specify the sum appropriated and the object to which it is to be applied. Sec. 31. Appropriations to state controlled insti- tutions only; exceptions. — No appropriation shall be made for charitable, educational or other benevolent purposes to any person, corporation, association, insti- tution or community, not under the absolute control 262 Constitution of New Mexico [Art. IV of the state, but the legislature may, in its discretion, make appropriations for the charitable institutions and hospitals, for the maintenance of which annual appropriations were made by the Legislative Assembly of nineteen hundred and nine. Sec. 32. Liabilities must he paid. — No obligation or liability of any person, association or corporation, held or owned by or owing to the state, or any munic- ipal corporation therein, shall ever be exchanged, transferred, remitted, released, postponed, or in any way diminished by the legislature, nor shall any such obligation or liability be extinguished except by the payment thereof into the proper treasury, or by proper proceeding in court. Sec. 33. Repeal of law does not exempt from pros- ecution. — No person shall be exempt from prosecution and punishment for any crime or offenses against any law of this state by reason of the subsequent repeal of such law. Sec. 34. Right of either party must not he changed. — No act of the legislature shall affect the right or remedy of either party, or change the rules of evidence or procedure, in any pending case. Sec. 35. Impeachment. — The sole power of im- peachment shall be vested in the house of representa- tives, and a concurrence of a majority of all the mem- bers elected shall be necessary to the proper exercise thereof. All impeachments shall be tried by the sen- ate. When sitting for that purpose the senators shall be under oath or affirmation to do justice according to the law and the evidence. When the governor or Sec. 39] Legislative Department 263 lieutenant-governor is on trial, the chief justice of the supreme court shall preside. No person shall be convicted without the concurrence of two-thirds of the senators elected. Sec. 36. Who may he impeached. — All state officers and judges of the district court shall be liable to impeachment for crimes, misdemeanors and malfeas- ance in office, but judgment in such cases shall not extend further than removal from office and disqual- ification to hold any office of honor, trust or profit, or to vote under the laws of this state; but such officer or judge, w^hether convicted or acquitted, shall, never- theless, be liable to prosecution, trial, judgment, pun- ishment or civil action, according to law. No officer shall exercise any powers or duties of his office after notice of his impeachment is served upon him until he is acquitted. Sec. 37. Passes forhiddcn. — It shall not be lawful for a member of the legislature to use a pass, or to purchase or receive transportation over any railroad upon terms not open to the general public; and the violation of this section shall work a forfeiture of the office. Sec. 38. Trusts, etc. — The legislature shall enact laws to prevent trusts, monopolies and combinations in restraint of trade. Sec. 39. Bribery defined. — Any member of the legislature who shall vote or use his influence for or against any matter pending in either house in con- sideration of any money, thing of value, or promise thereof, shall be deemed guilty of bribery; and any 264 Constitution of New Mexico [Art. IV member of the legislature or other person who shall directly or indirectly offer, give or promise any money, thing of value, privilege or personal advantage, to any member of the legislature to influence him to vote or work for or against any matter pending in either house ; or any member of the legislature who shall solicit from any person or corporation any money, thing of value or personal advantage for his vote or influence as such member shall be deemed guilty of solicitation of bribery. Sec. 40. Bribery; penalties for. — Any person con- victed of any of the offenses mentioned in sections thirty-seven and thirty-nine hereof, shall be deemed guilty of a felony and upon conviction shall be pun- ished by fine of not more than one thousand dollars or by imprisonment in the penitentiary for not less than one nor more than five years. Sec. 41. Testimony in bribery investigations. — Any person may be compelled to testify in any lawful investigation or judicial proceeding against another charged with bribery or solicitation of bribery as defined herein, and shall not be permitted to withhold his testimony on the ground that it might incriminate or subject him to public infamy; but such testimony shall not be used against him in any judicial pro- ceeding against him except for perjury in giving such testimony. APPORTIONMENT Until changed by law as hereinafter provided, the legislative districts of the state shall be constituted as follows: Apportionment 265 Senatorial Districts First. The county of San Miguel, one senator. Second. The counties of San Miguel and Mora, one senator to be a resident of Mora county and to be elected by the electors of Mora and San Miguel coun- ties. Third. The counties of Guadalupe and San Miguel, one senator. Fourth. The county of Rio Arriba, one senator. Fifth. The counties of Bernalillo, San Juan and Sandoval, one senator. Sixth. The counties of Rio Arriba and Sandoval, one senator. Seventh. The county of Bernalillo, one senator. Eighth. The county of Colfax, one senator. Ninth. The counties of Union and Colfax, one sen- ator, to be a resident of Union County, and to be elected by the qualified electors of Union and Colfax counties. Tenth. The county of Santa Fe, one senator. Eleventh. The county of Taos, one senator. Twelfth. The county of Valencia, one senator. Thirteenth. The counties of Sierra, Grant, Luna and Socorro, one senator. Fourteenth. The county of Socorro, one senator. Fifteenth. The counties of Torrance, Otero, Lincoln and Socorro, one senator. Sixteenth. The county of Dona Ana, one senator. Seventeenth. The county of McKinley, one senator. Eighteenth. The counties of Otero and Lincoln, one senator. 266 Constitution of New Mexico Nineteenth. The county of Chaves, one senator. Twentieth. The county of Eddy, one senator. Twenty-first. The county of Roosevelt, one senator. Twenty-second. The county of Quay, one senator. Twenty-third. The county of Curry, one senator. Twenty-fourth. The county of Grant, one senator. Representative Districts First. The county of Valencia, two members. Second. The county of Socorro, two members. Third. The county of Bernalillo, three members. Fourth. The county of Santa Fe, two members. Fifth. The county of Rio Arriba, two members. Sixth. The county of San Miguel, three members. Seventh. The county of Mora, two members. Eighth. The county of Colfax, two members. Ninth. The county of Taos, two members. Tenth. The county of Sandoval, one member. Eleventh. The county of Union, two members. Twelfth. The county of Torrance, one member. Thirteenth. The county of Guadalupe, one member. Fourteenth. The count}^ of McKinley, two members. Fifteenth. The county of Dona Ana, tw^o members. Sixteenth. The county of Lincoln, one member. Seventeenth. The county of Otero, one member. Eighteenth. The county of Chaves, three members. Nineteenth. The county of Eddy, two members. Twentieth. The county of Roosevelt, one member. Twenty-first. The county of Luna, one member. Twenty-second. The county of Grant, two members. Twenty-third. The county of Sierra, one member. Sec. 1] Executive Department 267 Twenty-fourth. The county of San Juan, one mem- ber. Twenty-fifth. The county of Qua}^, two members. Twenty-sixth. The county of Curry, one member. Twenty-seventh. The counties of Rio Arriba and Sandoval, one member. Twenty-eighth. The counties of Torrance, Santa Fe and Guadahipe, one member. Twenty-ninth. The counties of San Miguel and Guadalupe, one member. Thirtieth. The counties of Lincoln, Otero and So- corro, one member. Upon the creation of any new county it shall be annexed to some contiguous district for legislative purposes. Reapportionment . — At its first session after the pub- lication of the census of the United States in the year nineteen hundred and twenty and at the first session after each United States census thereafter, the legis- lature may reapportion the legislative districts of the state upon the basis of population ; provided, that each county included in each district shall be contiguous to some other county therein. ARTICLE V — Executive Department Section 1. State officers. — The executive depart- ment shall consist of a governor, lieutenant-governor, secretary of state, state auditor, state treasurer, attor- ney-general, superintendent of public instruction and commissioner of public lands, who shall be elected for 268 Constitution of New Mexico [Art. V the term of four years beginning on the first day of January next after their election. Such officers, except the commissioner of public lands and superintendent of public instruction, shall be ineligible to succeed themselves after serving one full term. The officers of the executive department, except the lieutenant-governor, shall, during their terms of office, reside and keep the public records, books, papers and seals of office at the seat of govern- ment. Sec. 2. Election returns. — The returns of every election for state officers shall be sealed up and trans- mitted to the secretary of state, who, with the gov- ernor and chief justice, shall constitute the state can- vassing board which shall canvass and declare the re- sult of the election. The person having the highest number of votes for any office, as shown by said re- turns, shall be declared duly elected. If two or more have an equal and the highest number of votes for the same office, one of them shall be chosen therefor by the legislature on joint ballot. Sec. 3. Who are eligible. — No person shall be eligible to any office specified in section one, hereof, unless he be a citizen of the United States, at least thirty years of age, nor unless he shall have resided continuously in New Mexico for five years next pre- ceding his election ; nor to the office of attorney-gen- eral, unless he be a licensed attorney of the supreme court of New Mexico in good standing ; nor to the office of superintendent of public instruction unless he be a trained and experienced educator. Sec. 7] Executive Department 269 Sec. 4. The governor. — The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed. He shall be commander-in-chief of the military forces of the state, except when they are called into the serv- ice of the United States. He shall have power to call out the militia to preserve the public peace, execute the laws, suppress insurrection and repel invasion. Sec, 5. Appointments and vacancies. — The gov- ernor shall nominate, and, by and with the consent of the senate, appoint all officers whose appointment or election is not otherwise provided for, and may remove any officer appointed by him for incompetency, neglect of duty or malfeasance in office. Should a vacancy occur in any state office, except lieutenant-governor and member of the legislature, the governor shall fill such office by appointment, and such appointee shall hold office until the next general election, when his successor shall be chosen for the unexpired term. Sec. 6. Reprieves and pardons. — Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment. Sec. 7. Vacancy in office of governor. — In case of a vacancy in the office of governor, the lieutenant- governor shall succeed to that office, and to all the powers, duties and emoluments thereof. In case the governor is absent from the state, or is for any reason unable to perform his duties, the lieutenant-governor shall act as governor, with all the powers, duties and 270 Constitution of New Mexico [Art. V emoluments of that office until such disability be re- moved. In case there is no lieutenant-governor, or in case he is for any reason unable to perform the duties of governor, then the secretary of state or, in case there is no secretary of state, or he is for any reason unable to perform the duties of governor, then the president pro tempore of the senate, shall succeed to the office of governor, or act as governor as herein- before provided. Sec. 8. Lieutenant-governor. — The lieutenant-gov- ernor shall be president of the senate, but shall vote only when the senate is equall}^ divided. Sec. 9, Duties of executive officers.^Ftach. officer of the executive department and of the public insti- tutions of the state shall keep an account of all moneys received by him and make reports thereof to the gov- ernor under oath, annuall}^, and at such other times as the governor may require, and shall, at least thirty days preceding each regular session of the legislature, make a full and complete report to the governor, who shall transmit the same to the legislature. Sec. 10. State seal. — There shall be a state seal which shall be called the ''Great Seal of the State of New Mexico," and shall be kept by the secretary of state. Sec. 11. Commissions. — All commissions shall issue in the name of the state, be signed b}^ the governor and attested by the secretary of state, Avho shall affix the state seal thereto. Sec. 12. Salaries. — The annual compensation to be paid to the officers mentioned in section one of this Sec. 1] Judicial Department 271 rrticle shall be as follows: Governor, five thousand dollars; secretary of state, three thousand dollars; state auditor, three thousand dollars; state treasurer, three thousand dollars; attorney-general, four thou- sand dollars; superintendent of public instruction, three thousand dollars, and commissioner of public lands, three thousand dollars; which compensation shall be paid to the respective officers in equal quar- terly payments. The lieutenant-governor shall receive ten dollars per diem while acting as presiding officer of the senate, and mileage at the same rate as a state senator. The compensation herein fixed shall be full payment for all services rendered by said officers and they shall receive no other fees or compensation whatsoever. The compensation of any of said officers may be increased or decreased by law after the expiration of ten years from the date of the admission of New Mex- ico as a state. Sec. 13. Residence required. — All district, county, precinct and municipal officers, shall be residents of the political subdivisions for which they are elected or appointed. ARTICLE VI— Judicial Department Section 1. Judicial power. — The judicial power of the state shall be vested in the senate when sitting as a court of impeachment, a supreme court, district courts, probate courts, justices of the peace, and such courts inferior to the district courts as may be estab- 272 Constitution of New Mexico [Art. VI lished by law from time to time in any county or municipality of the state, including juvenile courts. Sec. 2. Appellate jurisdiction; supreme court. — The appellate jurisdiction of the supreme court shall be coextensive with the state, and shall extend to all final judgments and decisions of the district courts, and said court shall have such appellate jurisdiction of interlocutory orders and decisions of the district courts as may be conferred by law. Sec. 3. Original jurisdiction; supreme court. — The supreme court shall have original jurisdiction in quo warranto and mandamus against all state officers, boards and commissions, and shall have a superintend- ing control over all inferior courts; it shall also have power to issue writs of mandamus, error, prohibition, habeas corpus, certiorari, injunction and all other writs necessary or proper for the complete exercise of its jurisdiction and to hear and determine the same. Such writs may be issued by direction of the court, or by any justice thereof. Each justice shall have power to issue writs of habeas corpus upon petition by or on behalf of a person held in actual custody, and to make such writs returnable before himself or before the supreme court, or before any of the district courts or any judge thereof. Sec. 4. Number of supreme court judges and chief justice. — The supreme court of the state shall consist of three justices, who shall be elected at the general election for representatives in congress for a term of eight years. At the first election for state officers after the adop- Sec. 7] Judicial Department 273 tioii of this constitution, there shall be elected three justices of the supreme court, who shall immediately qualify and classify themselves by lot, so that one of them shall hold office until four years, one until six years, and one until eight years, from and after the first day of January, nineteen hundred and thirteen. A certificate of such classification shall be filed in the office of the secretary of state. Until other^7ise pro- vided by law, the justice who has the shortest term to serve shall be the chief justice and shall preside at all sessions of the court ; and in his absence the justice who has the next shortest term to serve shall preside ; but no justice appointed or elected to fill a vacancy shall be chief justice. Sec. 5. Quorum. — A majority of the justices of the supreme court shall be necessary to constitute a quorum for the transaction of business, and a majority of the justices must concur in any judgment of the court. Sec. 6. When a district judge may act as supreme court judge. — When a justice of the supreme court shall be interested in any case, or be absent, or incapac- itated, the remaining justices of the court may, in their discretion, call in any district judge of the state to act as a justice of the court. Sec. 7. Supreme court; when in session. — The supreme court shall hold one term each year, com- mencing on the second Wednesday in January, and shall be at all times in session at the seat of govern- ment ; provided, that the court may, from time to time, take such recess as in its judgment may be proper. 274 Constitution of New Mexico [Art. Vi See. 8. Supreme court; ivho are eligible. — No per- son shall be qualified to hold the office of justice of the supreme court unless he be at least thirty years old, learned in the law, and shall have been in the actual practice of law and resided in this state or the Territory of New Mexico, for at least three years. Any person whose time of service upon the bench of any district court of this state or the Territory of New Mexico, added to the time he may have practiced law, as aforesaid, shall be equal to three years, shall be qualified without having practiced for the full three years. Sec. 9. Supreme court; executive power. — The supreme court may appoint and remove at pleasure its reporter, bailiff, clerk and such other officers and assistants as may be prescribed by law. Sec. 10. Supreme court; when the number may be increased. — After the publication of the census of the United States in the year nineteen hundred and twenty, the legislature shall have power to increase the number of justices of the supreme court to five; provided, however, that no more than two of said justices shall be elected at one time, except to fill a vacancy. Sec. 11. Supreme court; salary. — The justices of the supreme court shall each receive an annual salary of six thousand dollars, payable quarterly. Sec. 12. Eight judicial districts. — The state shall be divided into eight judicial districts, and a judge shall be chosen for each district by the qualified elect- ors thereof at the election for representatives in con- Sec. 15] Judicial Department 275 gress. The terms of office of the district judges shall be six years. Sec. 13. Appellate and original jurisdiction of dis- trict coin^t. — The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, and such jurisdiction of special cases and proceedings as may be conferred by law, and appellate jurisdiction of all cases originating in inferior courts and tribunals in their respective dis- tricts, and supervisory control over the same. The district courts, or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition, and all other writs, remedial or otherwise in the exercise of their jurisdiction ; provided, that no such Avrits shall issue directed to judges or courts of equal or superior juris- diction. The district courts shall also have the power of naturalization in accordance with the laws of the United States. Until otherwise provided by law, at least two terms of the district court shall be held an- nually in each county, at the county seat. Sec. 14. Qualifications of district judges. — The qualifications of the district judges shall be the same as those of justices of the supreme court. Each dis- trict judge shall reside in the district for which he was elected. Sec. 15. To meet unusual situations. — Any district judge may hold district court in any county at the request of the judge of such district. AVhenever the public business may require, the chief justice of the supreme court shall designate any dis- 276 Constitution of New Mexico [Art. VI trict judge of the state to hold court in any district, and two or more district judges may sit in any district or county separately at the same time. If any judge shall be disqualified from hearing any cause in the district, the parties to such cause, or their attorneys of record, may select some member of the bar to hear and determine said cause, and act as judge pro tem- pore therein. Sec. 16. Increase number of judges and districts. — The legislature may increase the number of district judges in any judicial district, and they shall be elected as other district judges. At its first session after the publication of the census of the United States in the year nineteen hundred and twenty, and at the first session after each United States census thereafter, the legislature may rearrange the districts of the state, increase the number thereof, and make provision for a district judge for any additional district. Sec. 17. Salary. — Each judge of the district court shall receive an annual salary of four thousand five hundred dollars, payable quarterly by the state. Sec. 18. When judge may not act. — No judge of any court nor justice of the peace shall, except by con- sent of all parties, sit in the trial of any cause in which either of the parties shall be related to him by affinity or consanguinity within the degree of first cousin, or in which he was counsel or in the ti:ial of which he presided in any inferior court, or in which he has an interest. Sec. 19. Prohibition of candidacy. — No judge of the supreme or district courts shall be nominated or Sec. 23] Judicial Department 277 elected to any other than a judicial office in this state. Sec. 20. Writs and processes. — All writs and proc- esses shall issue, and all prosecution shall be conducted in the name of "The State of New Mexico." Sec. 21. Conservators of the Peace. — Justices of the supreme court in the state, district judges in their respective districts and justices of the peace in their respective counties, shall be conservators of the peace. District judges and justices of the peace may hold preliminary examinations in criminal cases. Sec. 22. County clerk to he clerk of the court. — Until otherwise provided by law, a county clerk shall be elected in each county who shall, in the county for which he is elected, perform all the duties now per- formed by the clerks of the district courts and clerks of the probate courts. Sec. 23. Prohate court. — A probate court is hereby established for each county, which shall be a court of record, and, until otherwise provided by law, shall have the same jurisdiction as is now exer- cised by the probate courts of the Territory of New Mexico. The legislature shall have power from time to time to confer upon the probate court in any county in this state, general civil jurisdiction coextensive with the county ; provided, however, that such court shall not have jurisdiction in civil causes in which the matter in controversy shall exceed in value one thousand dollars, exclusive of interest ; nor in any action for malicious prosecution, divorce and ali- mony, slander and libel; nor in any action against officers for misconduct in office; nor in any action 278 Constitution of New Mexico [Art. VI | for the specific performance of contracts for the sale ; of real estate ; nor in any action for the possession of land ; nor in any matter wherein the title or bound- aries of land may be in dispute or drawn in question ; nor to grant writs of injunction, habeas corpus or extraordinary writs. Jurisdiction may be conferred upon the judges of said court to act as examining and committing magistrates in criminal cases, and upon said courts for the trial of misdemeanors in which the punishment cannot be imprisonment in the peni- tentiary, or in which the fine cannot be in excess of one thousand dollars. A jury for the trial of such cases shall consist of six men. Any civil or criminal case pending in the probate court, in which the probate judge is disqualified, shall be transferred to the district court of the same county for trial. Sec. 24. District attorney. — There shall be a dis- trict attorney for each judicial district, who shall be learned in the law, and who shall have been a resi- dent of New Mexico for three years next prior to his election, shall be the law officer of the state and of the counties within his district, shall be elected for a term of four years, and shall perform such duties and receive such salary as may be prescribed by law. The legislature shall have the power to provide for the election of additional district attorneys in any judicial district and to designate the counties therein for which the district attorneys shall serve; but no district attorney shall be elected for any district of which he is not a resident. Sec, 27] Judicial Department 279 Sec. 25. Judicial districts. — The state shall be divided into eight judicial districts, as follows: First District. The counties of Santa Fe, Rio Arriba and San Juan. Second District. The counties of Bernalillo, McKin- ley and Sandoval. Third District. The counties of Dona Ana, Otero, Lincoln and Torrance. Fourth District. The counties of San Miguel, Mora and Guadalupe. Fifth District. The counties of Eddy, Chaves, Roosevelt and Curry. Sixth District. The counties of Grant and Luna. Seventh District. The counties of Socorro, Valencia and Sierra. Eighth District. The counties of Taos, Colfax, Union and Quay. In case of the creation of new counties the legis- lature shall have power to attach them to any con- tiguous district for judicial purposes. Sec. 26. Jurisdiction of justices of the peace, etc. — Justices of the peace, police magistrates and con- stables shall be elected in and for such precincts or districts as are or may be provided by law. Such justices and police magistrates shall not have juris- diction in any matter in which the title to real estate or the boundaries of land may be in dispute or drawn in question or in which the debt or sum claimed shall be in excess of two hundred dollars exclusive of interest. Sec. 27. Appeals to district courts. — Appeals shall 280 Constitution of New Mexico [Art. VII be allowed in all cases from the final judgments and decisions of the probate courts and justices of the peace to the district courts, and in all such appeals trial shall be had de novo unless otherwise provided by law. ARTICLE VII— Elective Franchise Section 1. Who may vote. — Every male citizen of the United States, who is over the age of twenty-one years, and has resided in New Mexico twelve months, in the county ninety days, and in the precinct in which he offers to vote thirty days, next preceding the election, except idiots, insane persons, persons convicted of a felonious or infamous crime unless restored to political rights, and Indians not taxed, shall be qualified to vote at all elections for public officers. All school elections shall be held at different times from other elections. Women possessing the qualifications prescribed in this section for male elect- ors shall be qualified electors at all such school elec- tions; provided, that if a majority of the qualified voters of any school district shall, not less than thirty days before any school election, present a petition to the board of county commissioners against women suffrage in such district, the provisions of this section relating to woman suffrage shall be suspended therein, and such provision shall become again operative only upon the filing with said board of a petition signed by a majority of the qualified voters favoring the restoration thereof. The board of county commis- Sec. 3] Elective Franchise 281 sioners shall certify the suspension or restoration of such suffrage to the proper school district. The legislature shall have the power to require the registration of the qualified electors as a requisite for voting, and shall regulate the manner, time and places of voting. The legislature shall enact such laws as will secure the secrecy of the ballot, the purity of elections and guard against the abuse of elective fran- chise. Not more than two members of the board of registration and not more than two judges of election shall belong to the same political party at the time of their appointment. Sec. 2. Who may hold office. — Every male citizen of the United States who is a legal resident of the state and is a qualified elector therein, shall be qualified to hold any public office in the state, except as other- wise provided in this constitution ; provided, however, that women possessing the qualifications of male elect- ors prescribed in paragraph one of this article shall be qualified to hold the office of county school superin- tendent, and shall also be eligible for election to the office of school director or members of a board of edu- cation. Sec. 3. No restriction on voters. — The right of any citizen of the state to vote, hold office, or sit upon juries, shall never be restricted, abridged or impaired on account of religion, race, language or color, or inability to speak, read or w^ite the English or Span- ish languages except as may be otherwise provided in this constitution; and the provisions of this section and of section one of this article shall never be 282 Constitution of New Mexico [Art. VIII amended except upon a vote of the people of this state in an election at which at least three-fourths of the electors voting in the whole state, and at least two-thirds of those voting in each county of the state, shall vote for such amendment. Sec. 4. Residence. — No person shall be deemed to have acquired or lost residence by reason of his pres- ence or absence while employed in the service of the United States or of the state, nor while a student at any school. Sec. 5. Election by plurality. — All elections shall be by ballot, and the person who receives the highest number of votes for any office shall be declared elected thereto. ARTICLE VIII— Taxation and Revenue Section 1. Uniform Taxation. — The rate of taxa- tion shall be equal and uniform upon all subjects of taxation. Sec. 2. Kind of taxes. — The legislature shall have power to provide for the levy and collection of license, franchise, excise, income, collateral and direct-inher- itance, legacy and succession taxes; also graduated income taxes, graduated collateral and direct-inherit- ance taxes, graduated legacy and succession taxes, and other specific taxes, including taxes upon the produc- tion and output of mines, oil lands and forests ; but no double taxation shall be permitted. Sec. 3. Complete power of taxation. — The enumer- ation of subjects of taxation in section two of this Sec. 7] Taxation and Revenue 283 article shall not deprive the legislature of the power to require other subjects to be taxed in such manner as may be consistent with the principles of taxation fixed in this constitution. Sec. 4. Tax limitation. — There shall be levied an- nually for state revenue a tax not to exceed four mills on each dollar of the assessed valuation of the prop- erty in the state, except for the support of the educa- tional, penal and charitable institutions of the state, payment of the state debt and interest thereon. For the first two years after this constitution goes into effect the total annual tax levy for all state purposes exclusive of necessary levies for the state debt shall not exceed twelve mills ; and thereafter it shall not exceed ten mills. Sec. 5. Board of equalization. — A state board of equalization is hereby created w-hich shall consist of the governor, traveling auditor, state auditor, secre- tary of state and attorney-general. Until otherwise provided, said board shall have and exercise all the powers now vested in the territorial board of equaliza- tion. Sec. 6. Taxes must he paid. — The legislature shall have no power to release or discharge any county, city, town, school district or other municipal corpora- tion or subdivision of the state, from its proportionate share of taxes levied for any purpose. Sec. 7. Public property exempt from taxation. — The property of the United States, the state and all counties, towns, cities and school districts, and other municipal corporations, public libraries, community 284 Constitution of New Mexico [Art. VIII ditches and all laterals thereof, all church property, all property used for educational or charitable pur- poses, all cemeteries not used or held for private or corporate profit, and all bonds of the State of New Mexico, and of the counties, municipalities and dis- tricts thereof shall be exempt from taxation. Sec. 8. When and what property may he exempt from taxation. — The power to license and tax corpo- rations and corporate property shall not be relin- quished or suspended by the state or any subdivision thereof; provided, that the legislature may, by gen- eral law, exempt new railroads from taxation for not more than six years, from and after the completion of any such railroad and branches ; such railroad being deemed to be completed for the purpose of taxation, as to any operative division thereof, when the same is opened for business to the public ; and new sugar factories, smelters, reduction and refining works, and pumping plants for irrigation purposes, and irrigation w^orks, for not more than six years from and after their establishment. Sec. 9. By ivhom puhlic-service corporations shall he taxed. — All property within the territorial limits of the authority levying the tax, and subject to taxa- tion, shall be taxed therein for state, county, munic- ipal and other purposes; provided, that the state board of equalization shall determine the value of all property of railroad, express, sleeping-car, telegraph, or telephone and other transportation or transmission companies, used by such companies in the operation of their railroad, express, sleeping-car, telegraph, or Sec. 13] Taxation and Revenue 285 telephone lines, or other transportation or transmis- sion lines, and shall certify the value thereof as so determined to the county and municipal taxing authorities. Sec. 10. Profit in public money forhidden. — Any public officer making any profit out of public moneys, or using the same for any purpose not authorized by law, shall be deemed guilty of a felony and shall be punished as provided by law, and shall be disqualified to hold public office. All public moneys not invested in interest bearing securities shall be deposited in national banks in this state or in banks or trust com- panies incorporated under the laws of the state, and the interest derived therefrom shall be applied in the manner prescribed by law. Sec. 11. Tivo hundred dollars exemption to heads of families. — The legislature may exempt from taxa- tion property of each head of. a family to the amount of two hundred dollars. Sec. 12. Taxation of large tracts. — Lands held in large tracts shall not be assessed for taxation at any lower value per acre than lands of the same character or quality and similarly situated, held in smaller tracts. The plowing of land shall not be considered as adding value thereto for the purpose of taxation. Sec. 13. No personal liahility. — No execution shall issue upon any judgment rendered against the board of county commissioners of any county, or against any city, incorporated town or village, school district or board of education ; or against any officer of any county, city, school district or board of education, 286 Constitution of New Mexico [Art. IX upon any judgment recovered against liim in his official capacity and for which the county, city, incor- porated town or village, school district or board of education, is liable, but the same shall be paid out of the proceeds of a tax levy as other liabilities of coun- ties, cities, incorporated towns or villages, school dis- tricts or boards of education, and when so collected shall be paid by the county treasurer to the judgment creditor. ARTICLE IX— State, County and Municipal Indebtedness Section 1. Assumption of territorial and county indebtedness. — The state hereby assumes the debts and liabilities of the Territory of New Mexico, and the debts of the counties thereof, which were valid and subsisting on June twentieth, nineteen hundred and ten, and pledges its faith and credit for the pay- ment thereof. The legislature shall, at its first ses- sion, provide for the pa^^ment or refunding thereof by the issue and sale of bonds, or otherwise. Sec. 2. Bonds of Grant and Santa Fe counties. — No county shall be required to pay any portion of the debt of any other county so assumed by the state, and the bonds of Grant and Santa Fe counties which were validated, approved and confirmed by act of congress of January sixteenth, eighteen hundred and ninety- seven, shall be paid as hereinafter provided. Sec. 3. Bonds in series. — The bonds authorized by Sec. 4] Public Indebtedness 287 law to provide for the payment of such indebtedness shall be issued in three series, as follows : Series A. To provide for the payment of such debts and liabilities of the Territory of New Mexico. Series B. To provide for the payment of such debts of said counties. Series C. To provide for the payment of the bonds and accrued interest thereon of Grant and Santa Fe counties which were validated, approved and con- firmed by act of congress, January sixteenth, eighteen hundred and ninety-seven. Sec. 4. Lands given hy congress to pay debts of Santa Fe and Grant counties. — The proper officers of the state shall, as soon as practicable, select and locate the one million acres of land granted to the state by congress for the payment of the said bonds of Grant and Santa Fe counties, and sell the same or sufficient thereof to pay the interest and principal of the bonds of Series C issued as provided in section three hereof. The proceeds of rentals and sales of said land shall be kept in a separate fund and applied to the payment of the interest and principal of the bonds of Series C. Whenever there is not sufficient money in said fund to meet the interest and sinking fund requirements therefor, the deficiency shall be paid out of any funds of the state not otherwise appropriated, and shall be repaid to the state or to the several counties which may have furnished any portion thereof under a gen- eral levy, out of the proceeds subsequently received of rentals and sales of said lands. Any money received by the state from rentals and 288 Constitution of New Mexico [Art. IX sales of said lands in excess of the amounts required for the purposes above mentioned shall be paid into the current and permanent school funds of the state respectively. Sec. 5. Obligation of county not to he released. — The legislature shall never enact any law releasing any county, or any of the taxable property therein, from its obligation to pay to the state any moneys expended by the state by reason of its assumption or payment of the debt of such county. Sec. 6. Repudiating certain warrants. — No law shall ever be passed by the legislature validating or legalizing, directly or indirectly, the militia war- rants alleged to be outstanding against the Territory of New Mexico, or any portion thereof; and no such warrant shall be prima facie or conclusive evidence of the validity of the debt purporting to be evidenced thereby or by any other militia warrant. This pro- vision shall not be construed as authorizing any suit against the state. Sec. 7. State may borrow money. — The state may borrow money not exceeding the sum of two hundred thousand dollars in the aggregate to meet casual deficits or failure in revenue, or for necessary ex- penses. The state may also contract debts to suppress insurrection and to provide for the public defense. Sec. 8. Manner of creating debt. — No debt other than those specified in the preceding section shall be contracted by or on behalf of this state, unless author- ized by law for some specified work or object ; which law shall provide for an annual tax levy sufficient to Sec. 10] Public Indebtedness 289 pay the interest and to provide a sinking fund to pay the principal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall have been submitted to the qualified electors of the state and have received a majority of all the votes cast thereon at a general elec- tion; such law shall be published in full in at least one newspaper in each county of the state, if one be published therein, once a week, for four successive weeks next preceding such election. No debt shall be so created if the total indebtedness of the state, exclusive of the debts of the territory, and the several counties thereof, assumed by the state, would thereby be made to exceed one per centum of the assessed valuation of all the property subject to taxation in the state as shown by the preceding general assessment. Sec. 9. Borrowed money ; how applied. — Any money borrowed by the state, or any county, dis- trict, or municipality thereof, shall be applied to the purpose for which it was obtained, or to repay such loan, and to no other purpose whatever. Sec. 10. Counties may borrow money; when. — No county shall borrow money except for the pur- pose of erecting necessary public buildings or con- structing or repairing public roads and bridges, and in such cases only after the proposition to create such debt shall have been submitted to the qualified electors of the county who paid a property tax therein during the preceding year and approved by a majority of those voting thereon. No bonds issued for such pur- pose shall run for more than fifty years. 290 Constitution of New Mexico [Art. IX Sec. 11. ScJiool districts may borrow money.— No school district shall borrow money, except for the purpose of erecting and furnishing school build- ings or purchasing school grounds, and in such cases only when the proposition to create the debt shall have been submitted to the qualified electors of the district, and approved by a majority of those voting thereon. No school district shall ever become indebted in an amount exceeding six per centum on the assessed valuation of the taxable property within such school district, as shown by the preceding general assess- ment. Sec. 12. Cities and towns may borrow money. — No city, town or village shall contract any debt except by an ordinance, which shall be irrepealable until the indebtedness therein provided for shall have been fully paid or discharged, and which shall specify the purposes to which the funds to be raised shall be applied, and which shall provide for the levy of a tax, not exceeding twelve mills on the dollar upon all taxable property within such city, town or village, sufficient to pay the interest on, and to extinguish the principal of, such debt within fifty years. The proceeds of such tax shall be applied only to the pay- ment of such interest and principal. No such debt shall be created unless the question of incurring the same shall, at a regular election for councilmen, alder- men or other officers of such city, town or village, have been submitted to a vote of such qualified electors thereof as have paid a property tax therein during the preceding year, and a majority of those voting on Sec. 15] Public Indebtedness 291 the question, by ballot deposited in a separate ballot box, shall have voted in favor of creating such debt. Sec. 13. Limitation of indehtedness. — No county, city, town or village shall ever become indebted to an amount in the aggregate, including existing indebted- ness, exceeding four per centum on the value of the taxable property within such county, city, town or village, as shown by the last preceding assessment for state or county taxes; and all bonds cr obligations issued in excess of such amount shall be void; pro- vided, that any city, town or village may contract debts in excess of such limitation for the construction or purchase of a system for supplying water, or of a sewer system, for such city, town or village. Sec. 14. Restriction on use of cre'dit. — Neither the state, nor any county, school district, or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit, or make any donation to or in aid of any person, association or public or private corporation, or in aid of any private enterprise for the construction of any railroad; pro- vided, nothing herein shall be construed to prohibit the state or any county or municipality from making provision for the care and maintenance of sick and indigent persons. Sec. 15. Refunding of debts. — Nothing in this arti- cle shall be construed to prohibit the issue of bonds for the purpose of paying or refunding any valid state, county, district or municipal bonds, and it shall not be necessary to submit the question of the issue of such bonds to a vote as herein provided. 292 Constitution of New Mexico [Art. X ARTICLE X — County and Municipal Corporations Section 1. Salaries and fees. — The legislature shall at its first session classify the counties and fix salaries for all county officers, which shall also apply to those elected at the first election under this constitution. And no county officer shall receive to his own use any fees or emoluments other than the annual salary provided by law, and all fees earned by any officer shall be by him collected and paid into the treasury of the county. Sec. 2. Length of term. — All county officers shall be elected for a term of four years, and no county officer, except the county clerk and probate judge, shall, after having served one full term, be eligible to hold any county office for four years thereafter. Sec. 3. County seats may he removed. — No county seat, w^here there are county buildings, shall be re- moved unless three-fifths of the votes cast by qualified electors on the question of removal at an election called and held as now or hereafter provided by law, be in favor of such removal. The proposition of re- moval shall not be submitted in the same county oftener than once in eight years. ARTICLE XI— Corporations Other Than Municipal Section 1. Corporation commission. — A permanent commission to consist of three members is hereby Sec. 4] State Corporations 293 created, which shall be known as the "State Cori)0- ration Commission. ' ' Sec. 2. Term of office. — The members of the com- mission shall be elected for the term of six years; provided, that those chosen at the first election for state officers shall immediately qnalify and classify themselves by lot, so that one of them shall hold office until two years, one until four years and one until six years from and after January first, nineteen hun- dred and thirteen ; and thereafter one commissioner shall be elected at each general election. Sec. 3. Wlio excludecl from memhership of com- mission. — No officer, agent or employe of any railway, express, telegraph, telephone, sleeping-car, or other transportation or transmission company, w^hile repre- senting such company, nor any person financially in- terested therein, shall hold office as a member of the commission, or perform any of the duties thereof, and no commissioner shall be qualified to act upon any matter pending before the commission, in .which he is interested, either as principal, agent or attorney. Sec. 4. Officers of commission. — The commission shall annually elect one of its members chairman and shall have one clerk, and such other officers, assistants and subordinates as may be prescribed by law, all of whom shall be appointed and subject to removal by the commission. The commission shall prescribe its own rules of order and procedure, except so far as specified in this constitution. The attorney-general of the state, or his legally authorized representative, shall be the attorney for the commission. 294 Constitution of New Mexico [Art. XI Sec. 5. Salary and expenses. — The legislature shall provide suitable quarters for the commission, and funds for its lawful expenses, including necessary traveling expenses, witness fees and mileage and costs of executing process issued by the commission or the supreme court or the district courts. The salary of each commissioner shall be three thousand dollars per annum, payable quarterly. Sec. 6. Duties. — Subject to the provisions of this constitution, and of such requirements, rules and reg- ulations as may be prescribed by law, the state cor- poration commission shall be the department of gov- ernment through which shall be issued all charters for domestic corporations and amendments or exten- sions thereof, and all licenses to foreign corporations to do business in this state; and through which shall be carried out all the provisions of this constitution relating to corporations and the laws made in pursu- ance thereof. The commission shall prescribe the form of all reports which may be required of corpo- rations by this constitution or by law, and shall col- lect, receive and preserve such reports, and annually tabulate and publish them. All fees required by law to be paid for the filing of articles of incorporation, reports and other documents, shall be collected by the commission and paid into the state treasury. All charters, papers and documents relating to corpora- tions on file in the office of the secretary of the terri- tory, the commissioner of insurance and all other ter- ritorial offices, shall be transferred to the office of the commission. Sec. 7] State Corporations 295 Sec. 7. Powers. — The commission shall have power and be charged with the duty of fixing, determining, supervising, regulating and controlling all charges and rates of railway, express, telegraph, telephone, sleeping-car and other transportation and transmis- sion companies and common carriers within the state ; to require railway companies to provide and maintain adequate depots, stock-pens, station buildings, agents and facilities for the accommodation of passengers and for receiving and delivering freight and express; and to provide and maintain necessary crossings, cul- verts and sidings upon, and alongside of their road- beds, whenever in the judgment of the commission the public interests demand, and as may be reason- able and just. The commission shall also have power and be charged with the duty to make and enforce reasonable and just rules requiring the supplying of cars and equipment for the use of shippers and pas- sengers, and to require all intrastate railways, trans- portation companies or common carriers to provide such reasonable safety appliances in connection with all equipment as may be necessary and proper for the safety of its employes and the public, and as are now or may be required by the federal laws, rules and regulations governing interstate commerce. The commission shall have power to change or alter such rates, to change, alter or amend its orders, rules, regu- lations or determinations, and to enforce the same in the manner prescribed herein ; provided, that in the matter of fixing rates of telephone and telegraph com- panies, due consideration shall be given to the earn- 296 Constitution of New Mexico [Art. XI ings, investment and expenditure as a whole within the state. The commission shall have power to sub- p(]ena witnesses and enforce their attendance before the commission, through any district court or the supreme court of the state, and through such court to punish for contempt ; and it shall have power, upon a hearing, to determine and decide any question given to it herein, and in case of failure or refusal of any person, company or corporation to comply with any order within the time limit therein, unless an order of removal shall have been taken from such order by the company or corporation to the supreme court of this state, it shall immediately become the duty of the commission to remove such order, with the evi- dence adduced upon the hearing, with the documents in the case to the supreme court of this state. Any company, corporation or common carrier which does not comply with the order of the commission within the time limited therefor, may file with the commis- sion a petition to remove such cause to the supreme court, and in the event of such removal by the com- pany, corporation or common carrier, or other party to such hearing, the supreme court may, upon appli- cation, in its discretion, or of its own motion, require or authorize additional evidence to be taken in such cause ; but in the event of removal by the commission, upon failure of the company, corporation or common carrier, no additional evidence shall be allowed. The supreme court, for the consideration of such causes arising hereunder, shall be in session at all times, and shall give precedence to such causes. Any party See. 9] State Corporations 297 to such hearing before the commission shall have the same right to remove the order entered therein to the supreme court of the state, as given under the pro- visions hereof to the company or corporation against which such order is directed. In addition to the other powers vested in the supreme court by this constitution and the laws of the state, the said court shall have the power and it shall be its duty to decide such cases on their merits, and carry into effect its judgments, orders and de- crees made in such cases, by fine, forfeiture, manda- mus, injunction and contempt or other appropriate proceedings. Sec. 8. Public hearing. — The commission shall de- termine no question nor issue any order in relation to the matters specified in the preceding section, until after a public hearing held upon ten days' notice to the parties concerned, except in case of default after such notice. Sec. 9. Power over rates. — It is hereby made the duty of the commissioners to exercise constant dili- gence in informing themselves of the rates and charges of transportation and transmission companies and common carriers engaged in the transportation of passengers and property from points in this state to points beyond its limits, and from points in other states to points in this state; and, whenever it shall come to the knowledge of the commission, by com- plaint or in any other manner, that the rate charged by any transportation or transmission company or common carrier, on interstate business is unjust, ex- 298 Constitution of New Mexico [Art. XI cessive or unreasonable, or that such rates discrimi- nate against the citizens of the state, and in the judg- ment of the commission such complaint is well founded and the public welfare involved, the commission shall institute and prosecute to a final determination before the interstate commerce commission or commerce court, or any lawful authority having jurisdiction in the premises, such proceedings as it may deem expe- dient to obtain such relief as conditions may require. Sec. 10. Restriction on common carriers. — No transportation or transmission compaii}^ or common carrier shall charge or receive any greater compen- sation, in the aggregate, for the transportation as intrastate commerce of passengers, or a like kind of property, or for the transmission of the same kind of message, between points in this state, for a shorter than a longer distance over the same line or route in the same direction, the shorter being included with- in the longer distance ; but this section shall not be construed as authorizing any such company or com- mon carrier to charge or receive as great compensa- tion for a shorter as for a longer distance; provided, that telegraph and telephone companies may, in cer- tain cases, with the approval of the commission, base their charges upon the air-line distances instead of the distances actually traveled by the messages. The commission may from time to time authorize any such company or common carrier to disregard the fore- going provisions of this section, by charging such rates as the commission may prescribe as just and equitable between such company or common carrier and the Sec. 12] State Corporations 299 public, to or from any junction or competitive points, or localities, or where the competition of points located without or within this state may necessitate the pre- scribing of special rates for the protection of the commerce of this state, or in cases of general epi- demics, pestilence, calamitous visitations and other exigencies. This section shall not apply to mileage tickets or to any special excursion or commutation rates; nor to special rates for services rendered in the interest of any public or charitable object, when such tickets or rates shall have been prescribed or authorized by the commission, nor shall it apply to special rates for services rendered to the United States or this state. Sec. 11. Authority over hooks of common carriers. — The commission shall have the right at all times to inspect the books, papers and records of all such companies and common carriers doing business in this state, and to require from such companies and common carriers from time to time special reports and statements, under oath, concerning their busi- ness. The commissioners shall have the power to administer oaths and to certify to their official acts. Sec. 12. Existent corporations must accept this constitution. — No corporation in existence at the time of the adoption of this constitution shall have the benefit of any future legislation, nor shall any amend- ment or extension to its charter be granted, until such corporation shall have filed in the office of the commission an acceptance of the provisions of this constitution; provided, however, that whether or not 300 Constitution of New Mexico [Art. XI they file such acceptance, such corporations shall be subject to the provisions of this constitution and the laws of this state. General Provisions Sec. 13. General authority of the legislature over corporations. — The legislature shall provide for the organization of corporations by general law. All laws relating to corporations may be altered, amended or repealed by the legislature, at any time, when neces- sary for the public good and general welfare, and all corporations, doing business in this state, may, as to such business, be regulated, limited or restrained by laws not in conflict with the constitution of the United States or of this constitution. Sec. 14. Police power of state. — The police power of this state is supreme over all corporations as well as individuals. Sec. 15. Duties of railroads, express companies, etc. — Every railroad, car or express company shall re- spectively receive and transport, without delay or dis- crimination, each other's cars, tonnage and passen- gers, under such rules and regulations as may be prescribed by the commission. Sec. 16. Duties of telegraph and telephone com- panies. — All telephone and telegraph lines, operated for hire, shall receive and transmit each other's mes- sages without delay or discrimination, and make and maintain connections with each other's lines, under such rules and regulations as may be prescribed by the commission. See. 2] Education 301 See. 17. Bight of eminent domain given to rail- roads. — Any railroad corporation or association or- ganized for the purpose shall have the right to con- struct and operate a railroad between any points within this state or elsewhere, and to connect at the state line or elsewhere with the railroads of other states ; and, under such terms, order or permission as may be granted in each instance by the commis- sion, shall have the right to cause its road to intersect, connect with or cross any other railroad. Sec. 18. Reserved rights in cases of eminent do- main. — The right of eminent domain shall never be so abridged or construed as to prevent the legislature from taking the property and franchises of incorpo- rated companies and subjecting them to the public use, the same as the property of individuals. . ARTICLE XII— Education Section 1. Free puhlic schools. — A uniform sys- tem of free public schools sufficient for the education of, and open to, all the children of school age in the state, shall be established and maintained. Sec. 2. Permanent school fund. — The permanent school fund of the state shall consist of the proceeds of sales of sections two, sixteen, thirty-two and thirty- six in each township of the state, or the lands selected in lieu thereof; the proceeds of sales of all lands that have been or may hereafter be granted to the state not otherwise appropriated by the terms and conditions of the grant ; such portion of the proceeds 302 Constitution of New Mexico [Art. XII of sales of lands of the United States within the state as has been or may be granted by congress; also all other grants, gifts and devises made to the state, the purpose of which is not otherwise specified. Sec. 3. Aid to private schools prohibited. — The schools, colleges, universities and other educational institutions provided for by this constitution shall forever remain under the exclusive control of the state, and no part of the proceeds arising from the sale or disposal of any lands granted to the state by congress, or any other funds appropriated, levied or collected for educational purposes, shall be used for the support of any sectarian, denominational or pri- vate school, college or university. Sec. 4. Apportionment of current school fund. — All fines and forfeitures collected under general laws ; the net proceeds of property that may come to the state by escheat; the rentals of all school lands and other lands granted to the state, the disposition of which is not otherwise provided for by the terms of the grant or by act of congress; and the income de- rived from the permanent school fund, shall consti- tute the current school fund of the state. The legis- lature shall provide for the levy and collection of an annual tax upon all the taxable property in the state for the maintenance of the public schools, the pro- ceeds of such tax levy to be added to the current school fund above provided for. The current school fund shall be distributed among the school districts of the state in the proportion that the number of chil- dren of school age in each district bears to the total Sec. 6] Education 303 number of such children in the state, and shall pro- vide for the levy and collection of additional local taxes for school purposes. A public school shall be maintained for at least five months in each year in every school district in the state. Before making the distribution above provided for, there shall be taken from the current school fund as above created, a sufficient reserve to be distributed among school districts in w^hich the proceeds of the annual local tax, when levied to the limit allowed by law, plus the regular quota of current school funds allotted to said district, shall not be sufficient for the maintaining of a school for the full period of five months, and this reserve fund shall be so distributed among such districts as to enable each district to hold school for the said period. Sec. 5. Compulsory school attendance. — Every child of school age and of sufficient physical and mental ability shall be required to attend a public or other school during such period and for such time as may be prescribed by law. Sec. 6. State hoard of education. — A state board of education is hereby created, to consist of seven mem- bers. Tt shall have the control, management and direction of all public schools, under such regulations as may be provided by law. The governor and the state superintendent of public instruction shall be ex-officio members of said board and the remaining five members shall be appointed by the governor, by and with the consent of the senate ; and shall include the head of some state educational institution, a 304 Constitution of New Mexico [Art. XII county superintendent of schools, and one other per- son actually connected with educational work. The legislature may provide for district or other school officers, subordinate to said board. Sec. 7. Investment of permanent school fund. — The principal of the permanent school fund shall be invested in the bonds of the State or Territory of New Mexico, or of any county, city, town, board of education or school district therein. The legislature may by three-fourths vote of the members elected to each house provide that said funds may be invested in other interest-bearing securities. All bonds or other securities in which any portion of the school fund shall be invested must be first approved by the governor, attorney-general and secretary of state. All losses from such funds, however occurring, shall be reimbursed by the state. Sec. 8. Training of teachers in normal schools. — The legislature shall provide for the training of teachers in the normal schools or otherwise so that they may become proficient in both the English and Spanish languages, to qualify them to teach Spanish- speaking pupils and students in the public schools and educational institutions of the state ; and shall provide proper means and methods to facilitate the teaching of the English language and other branches of learning to such pupils and students. Sec. 9. No religious test. — No religious test shall ever be required as a condition of admission into the public schools or any educational institution of this state, either as a teacher or student, and no teacher Sec. 11] Education 305 or student of such school or institution shall ever be required to attend or participate in any religious service whatsoever. Sec. 10. Rights of school children of Spanish de- scent. — Children of Spanish descent in the State of New Mexico shall never be denied the right and privi- lege of admission and attendance in the public schools or other public educational institutions of the state, and they shall never be classed in separate schools, but shall forever enjoy perfect equality with other children in all public schools and educational insti- tutions of the state, and the legislature shall provide penalties for the violation of this section. This sec- tion shall never be amended except upon a vote of th-e people of this state, in an election at which at least three-fourths of the electors voting in the whole state and at least two-thirds of those voting in each county in the state shall vote for such amendment. Sec. 11. State educational institutions. — The Uni- versity of New Mexico at Albuquerque, the New Mex- ico College of Agriculture and Mechanic Arts near Las Cruces, the New Mexico School of Mines at So- corro, the New Mexico IMilitary Institute at Roswell, the New IMexico Normal University at Las Vegas, the New Mexico Normal School at Silver City, the Span- ish-American School at El Rito, the New Mexico Asy- lum for the Deaf and Dumb at Santa Fe, and the New Mexico Institute for the Blind at Alamogordo, are hereby confirmed as state educational institutions. The appropriations made and that may hereafter be made to the state by the United States for agricultural 306 Constitution op New Mexico [Art. XII and mechanical colleges and experiment stations in connection therewith shall be paid to the New Mexico College of Agriculture and Mechanic Arts. Sec. 12. Public lands for state institutions. — All lands granted under the provisions of the act of con- gress, entitled, ''An Act to enable the people of New Mexico to form a constitution and state government and be admitted into the Union on an equal footing with the original states; and to enable the people of Arizona to form a constitution and state govern- ment and be admitted into the Union on an equal footing with the original states," for the purposes of said several institutions, are herel)y accepted and con- lirmed to said institutions, and shall be exclusively used for the purposes for wdiich they were granted; provided, that one hundred and seventy thousand acres of the land granted by said act for normal school purposes are hereby equally apportioned be- tween said three normal institutions, and the remain- ing thirty thousand acres thereof is [are] reserved for a normal school which shall be established by the legislature and located in one of the counties of Union, Quay, Curry, Roosevelt, Chaves or Eddy. Sec. 13. Control of state educational institutions. — The legislature shall provide for the control and management of each of said institutions by a board of regents, for each institution, consisting of five mem- bers to be appointed by the governor, by and with the advice and consent of the senate, for a term of four years, and not more than three of whom shall belong to the same political party at the time of their Sec. 1] Public Lands 307 appointment. The duties of said boards shall be pre- scribed by law. ARTICLE XIII— Public Lands Section 1. Public lands defined, and limitation on sale thereof. — All lands belonging to the Territory of New Mexico, and all lands granted, transferred or confirmed to the state by congress, and all lands here- after acquired, are declared to be public lands of the state to be held or disposed of as may be provided by law for the purposes for which they have been or may be granted, donated or otherwise acquired; pro- vided, that such of school sections two, thirty-two, six- teen and thirty-six as are not contiguous to other state lands shall not be sold within the period of ten years next after the admission of New Mexico as a state for less than ten dollars per acre. Sec. 2. Duties of commissioner of public lands. — The commissioner of public lands shall select, locate, classify, and have the direction, control, care and dis- position of all public lands, under the provisions of the acts of congress relating thereto and such regula- tions as may be provided by law. ARTICLE XIV— Public Institutions Section 1. Reformatory institutions, and hospitals. — The Penitentiary at Santa Fe, the Miners' Hospital of New Mexico at Raton, the New ^lexico Insane Asy- lum at Las Vegas, and the New Mexico Reform School at Springer, are hereby confirmed as state institutions. 308 Constitution of New Mexico [Art. XIV Sec. 2. Lands for such institutions. — All lands which have been or which may be granted to the state by congress for the purpose of said several institu- tions are hereby accepted for said several institu- tions with all other grants, donations or devises for the benefit of the same, and shall be exclusively used for the purpose for which they were or may be granted, donated or devised. Sec. 3. Government of the same. — Each of said institutions shall be under the control and manage- ment of a board whose title, duties and powers shall be as may be provided by law. Each of said boards shall be composed of five members who shall hold office for the term of four years, and shall be ap- pointed by the governor by and with the consent of the senate, and not more than three of whom shall belong to the same political party at the time of their appointment. ARTICLE XV — Agriculture and Conservation Section 1. Department of agriculture. — There shall be a department of agriculture which shall be under the control of the board of regents of the College of Agriculture and Mechanic Arts; and the legislature shall provide lands and funds necessary for experi- mental farming and demonstrating by said depart- ment. Sec. 2. Prevention of forest fires. — The police power of the state shall extend to such control of pri- vate forest lands as shall be necessary for the preven- tion and suppression of forest fires. Sec. 2] Agriculture and Conservation 309 ARTICLE XVI— Irrigation and Water Rights Section 1. Existing rights con finned. — All existing rights to the use of any waters in this state for any useful or beneficial purpose are hereby recognized and confirmed. Sec. 2. Unappropriated waters. — The unappropri- ated water of every natural stream, perennial or tor- rential, within the State of New Mexico, is hereby declared to belong to the public and to be subject to appropriation for beneficial use, in accordance with the laws of the state. Priority of appropriation shall give the better right. Sec. 3. Test of right to ivater. — Beneficial use shall be the basis, the measure and the limit of the right to the use of water. Sec. 4. Drainage system. — The legislature is author- ized to provide by law for the organization and oper- ation of drainage districts and systems. ARTICLE XVII— Mines and Mining Section 1. Inspector of mines. — There shall be an inspector of mines, who shall be appointed by the gov- ernor, by and with the advice and consent of the senate, for a term of four years, and whose duties and salary shall be as prescribed by law. Sec. 2. Control of mines. — The legislature shall enact laws requiring the proper ventilation of mines, the construction and maintenance of escapement shafts or slopes, and the adoption and use of appli- ances necessary to protect the health and secure the 310 Constitution of New Mexico [Art. XVII safety of employes therein. No children under the age of fourteen years shall be employed in mines. * ARTICLE XVIII— Militia Section 1. Militia and ^'National Guard'' defined. — The militia of this state shall consist of all able- bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by laws of the United States or of this state. The organized militia shall be called the ' ' National Guard of New Mexico, ' ' of which the governor shall be the commander-in- chief. Sec. 2. Organization and equipment of militia. — The legislature shall provide for the organization, dis- cipline and equipment of the militia, which shall con- form as nearly as practicable to the organization, dis- cipline and equipment of the regular army of the United States, and shall provide for the maintenance thereof. Article XIX originally read as follows : ARTICLE XIX.— Amendments. Section 1. Any amendment or amendments to this consti- tution may be proposed in either house of the legislature at any regular session thereof, and if two-thirds of all members elected to each of the two houses, voting separately, shall vote in favor thereof, such proposed amendment or amendments shall be entered on their respective journals with the yeas and nays thereon; or any amendment or amendments to this con- stitution may be proposed at the first regular session of the legislature held after the expiration of two years from the time this constitution goes into effect, or at the regular session Sec. 2] ' Amendments 311 of the legislature convening each eighth year thereafter, and if a majority of all the members elected to each of the two houses voting separately at said sessions shall vote in favor thereof, such proposed amendment or amendments shall be entered on their respective journals with the yeas and nays thereon. The secretary of state shall cause any such amendment or amend- ments to be published in at least one newspaper in every county of the state where a newspaper is published, once each week, for four consecutive weeks, the last publication to be not less than two weeks prior to the next general election, at which time the said amendment or amendments shall be submitted to the electors of the state for their approval or rejection. If the same be ratified by a majority of the electors voting thereon and by an affirmative vote equal to at least forty per centum of all the votes cast at said election in the state and in at least one-half of the counties thereof, then, and not otherwise, such amendment or amendments shall become part of this constitu- tion. Not more than three amendments shall be submitted at one election, and if two or more amendments are proposed, they shall be so submitted as to enable the electors to vote on each of them separately; provided, that no amendment shall apply to or affect the provisions of sections one and three of article seven hereof on Elective Franchise, and sections eight and ten of article twelve hereof on Education unless it be proposed by vote of three-fourths of the members elected to each house. Sec. 2. Whenever, during the first twenty-five years after the adoption of this constitution, the legislature by a three- fourths vote of the members elected to each house, or after the expiration of said period of said twenty-five years by a two- thirds vote of the members elected to each house, shall deem it necessary to call a convention to revise or amend this con- stitution, they shall submit the question of calling such con- vention to the electors at the next general election, and if a majority of all the electors voting at said election in the state and in at least one-half of the counties thereof shall vote in favor of calling a convention, the legislature shall at the next session provide by law for calling the same. Such convention 312 Constitution of New Mexico [Art. XIX shall consist of at least as many delegates as there are members of the house of representatives. The constitution adopted by such convention shall have no va- lidity until it has been submitted to and ratified by the people. Sec. 3. If this constitution be in any way so amended as to allow laws to be enacted by direct vote of t]:e ele tors, the laws which may be so enacted shall be only such as might be enacted by the legislature under the provisions of this con- stitution. Sec. 4. "When the United States shall consent thereto, the legislature, by a majority vote of the members in each house, may submit to the people the question of amending any pro- vision of Article XXI of this constitution on Compact with the United States to the extent allowed by the act of congress permitting the same, and if a majority of the qualified electors wdio vote ujDon any such amendment shall vote in favor thereof, the said article shall be thereby amended accordingly. Sec. 5. The provisions of section one of this article shall not be changed, altered or abrogated in any manner except through a general convention called to revise this constituticn as herein provided. But at the first state election the constitution was amended to read : ARTICLE XIX— Amendments Section 1. Method of. — Any amendment or amend- ments to this constitution, may be proposed in either house of the legislature at any regular session thereof, and if a majority of all members elected to each of the two houses, voting separately, shall vote in favor thereof, such proposed amendment or amend:nents shall be entered on their respective journals with the yeas and nays thereon. The secretary of state shall cause any such amendment or amendments to be Sec. 1] Amendments 313 published in at least one newspaper in every county of the State, where a newspaper is published once each week, for four consecutive weeks, in English and Spanish when newspapers in both of said languages are published in such counties, the last publication to be not more than two weeks prior to the election at which time said amendment or amendments shall be submitted to the electors of the State for their approval or rejection ; and the said amendment or amendments shall be voted upon at the next regular election held in said State after the adjournment of the legislature proposing such amendment or amend- ments, or at such special election to be held not less than six months after the adjournment of said legis- lature, at such time as said legislature may by law provide. If the same be ratified by a majority of the electors voting thereon such amendment or amend- ments shall become part of this constitution. If two or more amendments are proposed, they shall be so submitted as to enable the electors to vote on each of them separately ; Provided, That no amendment shall apply to or affect the provisions of sections one and three of Article VII hereof, on elective franchise, and sections eight and ten of Article XII hereof, on educa- tion, unless it be proposed by vote of three-fourths of the members elected to each house and be ratified by a vote of the people of this State in an election at which at least three-fourths of the electors voting in the whole State and at least two-thirds of those vot- ing in each county in the State shall vote for such amendment. 314 Constitution of New Mexico [Art. XIX Sec. 2. Calling convention. — Whenever, during the first twenty-five years after the adoption of tliis con- stitution, the legislature Ly a three-fourths vote of the members elected to each house, or after the expira- tion of said period of said twenty-five years by a two- thirds vote of the members elected to each house, shall deem it necessary to call a convention to revise or amend this constitution, they shall submit the ques- tion of calling such convention to the electors at the next general election, and if a majority of all the electors voting on such question at said election in the state shall vote in favor of calling a convention, the legislature shall at the next session provide by law for calling the same. Such convention shall consist of at least as many delegates as there are members of the house of representatives. The constitution adopted by such convention shall have no validity until it has been submitted to and ratified by the people. Sec. 3. Restriction in amendments. — If this con- stitution be in any way so amended as to allow laws to be enacted by direct vote of the electors, the laws which may be so enacted shall be only such as might be enacted by the legislature under the provisions of this constitution. Sec. 4. Permission to submit amenclment. — When the United States shall consent thereto, the legisla- ture, by a majority vote of the members in each house, may submit to the people the question of amending any provision of Article XXI of this constitution on Compact with the United States to the extent allowed See. 4] Miscellaneous 315 by the act of congress permitting the same, and if a majority of the qualified electors who vote upon any such amendment shall vote in favor thereof, the said article shall be thereby amended accordingly. Sec. 5. Restriction. — The provisions of section one of this article shall not be changed, altered or abro- gated in any manner except through a general conven- tion called to revise this constitution as herein pro- vided. ARTICLE XX— M'scellaneous Section 1. Oath of officers. — Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the Constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability. Sec. 2. Officer holds until successor qualifies. — Every officer, unless removed, shall hold his office until his successor has duly qualified. Sec. 3. Beginning of term of every elected officer. — The term of office of every state, county or district officer, except those elected at the first election held under this constitution, and those elected to fill vacan- cies, shall commence on the first day of January next after his election. Sec. 4. Filling of certain vacancies. — If a vacancy occur in the office of district attorney, judge of the supreme or district court, or county commissioner, the governor shall fill such vacancy by appointment, and 316 Constitution of New Mexico [Art. XX such appointee shall hold such office until the next general election. His successor shall be chosen at such election and shall hold his office until the expiration of the original term. Sec. 5. Vacancies in appointive offices. — If, while the senate is not in session, a vacancy occur in any office the incumbent of which was appointed by the governor by and with the advice and consent of the senate, the governor shall appoint some qualified per- son to fill the same until the next session of the senate ; and shall then appoint by and with the advice and consent of the senate some qualified person to fill said office for the period of the unexpired term. Sec. 6. General elections. — General elections shall be held in the state on the Tuesday after the first ]\Ionday in November in each even numbered year. Sec. 7. Canvass of returns. — The returns of all elections for officers who are chosen by the electors of more than one county shall be canvassed by the county canvassing board of each county as to the vote within their respective counties. Said board shall immediately certify the number of votes received by each candidate for such office within such county, to the state canvassing board herein established, which shall canvass and declare the result of the election. Sec. 8. First state election. — In the event that New I\Iexico is admitted into the Union as a state prior to the Tuesday next after the first Monda}^ in November in the year nineteen hundred and twelve, and if no provision has been made by the state legis- lature therefor, an election shall be held in the state Sec. 14] Miscellaneous 317 on the said Tuesday next after the first Monday in November, nineteen hundred and twelve, for the elec- tion of presidential electors; and such election shall be held as herein provided for the election upon the ratification of this constitution, and the returns thereof made to, and canvassed and certified by, the state canvassing board as herein provided in case of the election of state officers. Sec. 9. Officers receive salary only. — No officer of the state who receives a salary shall accept or receive to his own use any compensation, fees, allowance, or emoluments for or on account of his office, in any form whatever, except the salary provided by law. Sec. 10. Employment of children. — The legisla- ture shall enact suitable laws for the regulation of the employment of children. Sec. 11. Women may hold certain appointive offices. — Women may hold the office of notary pub- lic and such other appointive offices as may be pro- vided by law. Sec. 12. Hoio laws shall he published. — For the first twenty years after this constitution goes into effect all laws passed by the legislature shall be pub- lished in both the English and Spanish languages and thereafter such publication shall be made as the legis- lature may provide. Sec. 13. Wines for sacramental purposes. — The use of wines solely for sacramental purposes under church authority at any place within the state shall never be prohibited. Sec. 14. Passes prohibited. — It shall not be lawful 318 Constitution of New Mexico [Art. XX for the governor, any member of the state board of equalization, any member of the corporation commis- sion, any judge of the supreme or district court, any district attorney, any county commissioner or any county assessor, during his term of office to accept, hold or use any free pass; or purchase, receive or accept transportation over any railroad within this state for himself or his family upon terms not open to the general public; and any person violating the provisions hereof shall, upon conviction in a court of competent jurisdiction, be punished as provided in sections thirty-seven and forty of the article on legislative department in this constitution. Sec. 15. Employment of convicts. — The peniten- tiary is a reformatory and an industrial school, and all persons confined therein shall, so far as consistent with discipline and the public interest, be employed in some beneficial industry; and where a convict has a dependent family, his net earnings shall be paid to said family if necessary for their support. Sec. 16. Liability of corporations. — Every person, receiver or corporation owning or operating a railroad within this state shall be liable in damages for injury to, or the death of, any person in its employ, resulting from the negligence, in whole or in part, of said owner or operator or of any of the officers, agents or em- ployes thereof, or by reason of any defect or insuffi- ciency, due to its negligence, in whole or in part, in its cars, engines, appliances, machinery, track, road- bed, works or other equipment. An action for negligently causing the death of an Sec. 20] Miscellaneous 319 employe as above provided shall be maintained by the executor or administrator for the benefit of the employe 's surviving widow or husband and children ; or if none, then his parents ; or if none, then the next of kin dependent upon said deceased. The amount recovered may be distributed as provided by law. Any contract or agreement made in advance of such injury with any employe waiving or limiting any right to recover such dama'ges shall be void. This provision shall not be construed to affect the provisions of section two of article twenty-two of this constitution, being the article upon Schedule. Sec. 17. Uniform system of textbooks. — There shall be a uniform system of textbooks for the public schools which shall not be changed more than once in six years. Sec. 18. Leasing of convict labor. — The leasing of convict labor by the state is hereby prohibited. Sec. 19. Eight hours a day's work. — Eight hours shall constitute a day's work in all cases of employ- ment by and on behalf of the state or any county or municipality thereof. Sec. 20. An indictment may be waived. — Any per- son held by a committing magistrate to await the ac- tion of the grand jury on a charge of felony or other infamous crime, may in open court with the consent of the court and the district attorney, to be entered upon the record, waive indictment and plead to an information in the form of an indictment filed by the district attorney, and further proceedings shall then be had upon said information with like force and 320 Constitution of New Mexico [Art. XXI effect as though it were an indictment duly returned by the grand jury. ARTICLE XXI— Compact with the United States In compliance with the requirements of the act of congress, entitled, ''An Act to enable the people of New Mexico to form a constitution and state govern- ment and be admitted into the Union on an equal foot- ing with the original states; and to enable the people of Arizona to form a constitution and state govern- ment and be admitted into the Union on an equal footing with the original states," approved June twentieth, nineteen hundred and ten, it is hereby provided: Section 1. Religious freedom; polygamous mar- riage forbidden; liquor must not he sold to Indians. — Perfect toleration of religious sentiment shall be secured and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship. Polygamous or plural marriages, polygamous cohabitation, and the sale, barter, or giving of intoxicating liquors to In- dians, the introduction of such liquors into the Indian country, which term shall also include alllands owned or occupied by the Pueblo Indians of New Mexico on the twentieth day of June, nineteen hundred and ten, or which are occupied by them at the time of the admission of New Mexico as a state, are forever pro- hibited. Sec. 2. The national government's rights to cer- Sec. 3] Compact With United States 321 tain lands recognized. — The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated and un- granted public lands lying within the boundaries there- of, and to all lands lying within said boundaries owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through the United States, or any prior sovereignty ; and that until the title of such Indian or Indian tribes shall have been extinguished, the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States ; that the lands and other property belonging to citizens of the United States residing without this state shall never be taxed at a higher rate than the lands and other property belonging to residents thereof ; that no taxes shall be imposed by this state upon lands or property therein belonging to or which may hereafter be acquired by the United States or reserved for its use ; but nothing herein shall preclude this state from taxing as other lands and property are taxed, any lands and other property outside of an Indian reser- vation, owned or held by any Indian, save and except such lands as have been granted or acquired as afore- said, or as may be granted or confirmed to any Indian or . Indians under any act of congress ; but all such lands shall be exempt from taxation by this state so long and to such extent as the Congress of the United States has prescribed or may hereafter prescribe. Sec. 3. State assumes certain debts.— The debts and liabilities of the Territory of New Mexico, and the 322 Constitution of New Mexico [Art. XXI debts of the counties thereof, which were valid and subsisting on the twentieth day of June, nineteen hun- dred and ten, are hereby assumed and shall be paid by this state ; and this state shall as to all such debts and liabilities, be subrogated to all the rights, includ- ing rights of indemnity and reimbursement, existing in favor of said territory or of any of the several counties thereof on said date. Nothing in this article shall be construed as validating or in any manner legalizing any territorial, county, municipal or other bonds, warrants, obligations, or evidences of indebted- ness of, or claims against, said territory or any of the counties or municipalities thereof which now are or may be, at the time this state is admitted, invalid and illegal ; nor shall the legislature of this state pass any law in any manner validating or legalizing the same. Sec. 4. Puhlic schools. — Provision shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of the state and free from sectarian control, and said schools shall always be conducted in English. Section five originally read as follows: Sec. 5. This state shall never enact any law restricting or abridging the right of suffrage on account of race, color or previous condition of servitude; and in compliance with the requirements of the said act of congress, it is hereby provided that ability to read, write, speak and understand the English language sufficiently well to conduct the duties of the office without the aid of an interpreter, shall be necessary qualifica- tion for all state officers and members of the state legislature. But on November 5, 1912, section five was amended to read as follows: Sec. 8] Compact With United States 323 Sec. 5. Eight of suffrage. — Tliis state shall never enact any law restricting or abridging the right of suffrage on account of race, color or previous condition of servitude. Sec. 6. The capital. — The capital of this state shall, until changed by the electors voting at an elec- tion provided for by the legislature of this state for that purpose, be at the city of Santa Fe, but no such election shall be called or provided for prior to the thirty-first day of December, nineteen hundred and twenty-five. Sec. 7. Reclamations. — There are hereby reserved to the United States, with full acquiescence of the people of this state, all rights and powers for the carrying out of the provisions by the United States of the act of congress, entitled, ''An Act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands,*' approved June seventeenth, nineteen hundred and two, and acts amendatory thereof or supplementary thereto, to the same extent as if this state had re- mained a territory. Sec. 8. "Indian" and ''Indian country" defined. — Whenever hereafter any of the lands contained within Indian reservations or allotments in this state shall be allotted, sold, reserved or otherwise disposed of, they shall be subject for a period of twenty-five years after such allotment, sale, reservation or other disposal, to all the laws of the United States pro- hibiting the introduction of liquor into the Indian 324 Constitution of New Mexico [Art. XXII country; and the terms ''Indian" and ''Indian coun- try ' ' shall include the Pueblo Indians of New Mexico and the lands owned or occupied by them on the twentieth day of June, nineteen hundred and ten, or which are occupied by them at the time of the admis- sion of New Mexico as a state. Sec. 9. Land grants accepted. — This state and its people consent to all and singular the provisions of the said act of congress, approved June twentieth, nineteen hundred and ten, concerning the lands by said act granted or confirmed to this state, the terms and conditions upon which said grants and confirma- tions were made and the means and manner of enforc- ing* such terms and conditions, all in every respect and particular as iii said act provided. -'See. 10. Congress must agree to change of this compact: — This ordinance is irrevocable without the consent of the United States and the people of this state, and no change or abrogation of this ordinance, in whole or in part, Shall be made by any constitu- tional amendment without the consent of congress. ARTICLE XXII— Schedule That no inconvenience may arise by reason of the change from a territorial to a state form of govern- ment, it is declared and ordained: Section 1. When constitution took effect. — This constitution shall take effect and be in full force im- mediately upon the admission of New Mexico into the Union as a state. Sec. 4] Schedule 325 Sec. 2. Adopting a cet'tain law of congress. — Until otherwise provided by law, the act of congress of the United States, entitled, ''An Act relating to liability of common carriers, by railroads to their employes in certain cases,'* approved April twenty-second, nine- teen hundred and eight, and all acts amendatory thereof, shall be and remain in force in this state to the same extent that they have been in force in the Territory of New ]\lexico. Sec. 3. Adopting another laiv of congress. — Until otherwise provided by law, the act of congress, enti- tled, ''An Act for the protection of the lives of miners,'' approved IMarch third, eighteen hundred and ninety-one, and all acts amendatory thereof, shall be and remain in force in this state to the same extent that they have been in force in the Territory of New Mexico, the words "Governor of the State," are hereby substituted for the words "Governor of such organized territory;" and for the words" Secretary of the Interior" wherever the same appear in said acts; and the chief mine inspector for the Territory of New Mexico, appointed by the President of the United States, is hereby authorized to perform the duties prescribed by said acts until superseded by the "inspector of mines" appointed by the governor, as elsewhere provided by the constitution, and he shall receive the same compensation from the state as he received from the United States. Sec. 4. Territorial laws to remain in effect. — All laws of the Territory of New IMexico in force at the time of its admission into the Union as a state, not 326 Constitution of New Mexico [Art. XXII inconsistent with this constitution, shall be and remain in force as the laws of the state until they expire by their own limitation, or are altered or repealed ; and all rights, actions, claims, contracts, liabilities and obligations shall continue and remain unaffected by the change in the form of government. Sec. 5. Extension of pardoning powers. — The par- doning power herein granted shall extend to all per- sons who have been convicted of offenses against the laws of the Territory of New Mexico. Sec. 6. Territorial property becomes state prop- erty. — All property, real and personal, and all moneys, credits, claims and choses in action belong- ing to the Territory of New Mexico, shall become the property of this state; and all debts, taxes, fines, penalties, escheats and forfeitures, which have accrued or may accrue to said territor^^, shall inure to this state. Sec. 7. Validations of bonds, etc. — All recogni- zances, bonds, obligations and undertakings entered into or executed to the Territory of New Mexico, or to any county, school district, municipality, officer or official board therein, shall remain valid according to the terms thereof, and may be sued upon and recov- ered by the proper authority under the state law. Sec. 8. Processes and judgments remain in force. — All lawful process, writs, judgments, decrees, con- victions and sentences issued, rendered, had or pro- nounced, in force at the time of the admission of the state, shall continue and remain force to the same extent as if the change of government had not oc- Sec. 10] Schedule 327 curred, and shall be enforced and executed under the laws of the state. Sec. 9. Courts and officers to hold until properly superseded. — All courts existing, and all persons hold- ing offices or appointments under authority of said territory, at the time of the admission of the state, shall continue to hold and exercise their respective jurisdictions, functions, offices and appointments until superseded by the courts, officers, or authorities pro- vided for by this constitution. Until otherwise provided by law, the seal of the ter- ritory shall be used as the seal of the state, and the seals of the several courts, officers and official boards in the territory shall be used as the seals of the corre- sponding courts, officers and official boards in the state ; and for any new court, office or board created by this constitution, a seal may be adopted by the judge of said court, or the incumbent of said office, or by the said board. Sec. 10. Transfer of criminal and civil actions. — All suits, indictments, criminal actions, bonds, process, matters and proceedings pending in any of the courts in the Territor}^ of New Mexico at the time of the organization of the courts provided for in this con- stitution shall be transferred to and proceed to deter- mination in such courts of like or corresponding juris- diction. And all civil causes of action and criminal offenses which shall have been commenced, or indict- ment found, shall be subject to action, prosecution, indictment and review in the proper courts of the state, in like manner and to the same extent as if the 328 Constitution of New Mexico [Art. XXII state had been created and said courts established prior to the accrual of such causes of action and the commission of such offenses. Sec. 11. Signing of the constitution. — This consti- tution shall be signed by the president and secretary of the constitutional convention, and such delegates as desire to sign the same, and shall be deposited in the office of the secretary of the territory, where it may be signed at any time by any delegate. Sec. 12. Latvful debts of counties to remain valid. — All lawful debts and obligations of the several coun- ties of the Territory of New Mexico not assumed by the state, and of the school districts, municipalities, irrigation districts and improvement districts, therein, existing at the time of its admission as a state,' shall remain valid and unaffected by the change of govern- ment, until paid or refunded according to law; and all counties, municipalities and districts in said ter- ritory shall continue with the same names, bounda- ries and rights until changed in accordance wdth the constitution and laws of the state. Sec. 13. This constitution must he submitted to the people. — This constitution shall be submitted to the people of New Mexico for ratification at an election to be held on the twenty-first day of January, nine- teen hundred and eleven, at which election the quali- fied voters of New Mexico shall vote directly for or against the same, and the governor of the Territory of New Mexico shall forthwith issue his proclamation ordering said election to be held on said day. Except as to the manner of making returns of said Sec. 16] Schedule 329 election and canvassing and certifying the result thereof, said election shall be held and conducted in the manner prescribed by the laws of New Mexico now in force. • Sec. 14. Method of submission. — The ballots cast at said election in favor of the ratification of this con- stitution shall have printed or written thereon in both English and Spanish the words ''For the Constitu- tion;" and those against the ratification of the con- stitution shall have written or printed thereon in both English and Spanish the word "Against the Consti- tution;" and shall be counted and returned accord- ingly. Sec. 15. Canvass of vote. — The returns of said election shall be made by the election officers direct to the secretary of the Territory of New Mexico at Santa Fe, who, with the governor and the chief jus- tice of said territory, shall constitute a canvassing board, and they, or any two of them, shall meet at said city of Santa Fe on the third Monday after said election and shall canvass the same. Said canvassing board shall make and file with the secretary of the ■ Territory of New Mexico a certificate signed by at least two of them, setting forth, the number of votes east at said election for or against the constitution, respectively. Sec. 16. Constitution ivas sent to President and congress. — If a majority of the legal votes cast at said election as certified to by said canvassing board shall be for the constitution, it shall be deemed to be duly ratified by the people of New Mexico, and the secre- 330 Constitution of New Mexico [Art. XXII tary of the Territory of New Mexico shall forthwith cause to be submitted to the President of the United States and to congress, for approval, a certified copy of this constitution, together with the statement of the votes cast thereon. Sec. 17. Duty of governor when admission is com- plete. — If congress and the President approve this constitution, or if the President approves the same and congress fails to disapprove the same during the next regular session thereof, the governor of New Mexico shall, within thirty days after receipt of noti- fication from the President certifying said facts, issue his proclamation for an election at which officers for a full state government, including a governor, county officers, members of the state legislature, two repre- sentatives in congress to be elected at large from the state, and such other officers as this constitution pre- scribes, shall be chosen by the people; said election to take place not earlier than sixty days nor later than ninety days after the date of said proclamation by the governor ordering the same. Sec. 18. Result of first election. — Said last men- tioned election shall be held, the returns thereof made, canvassed and certified to by the secretary of said territory, in the same manner, and the same laws, including those as to qualifications of electors, shall be applicable thereto, as hereinbefore prescribed for hold- ing, making of the returns, canvassing and certifying the same, of the election for the ratification or rejec- tion of this constitution. When said election of state and county officers, mem- See. 20] Schedule ^ 331 bers of the legislature, representatives in congress, and other officers provided for in this constitution, shall be held and the returns thereof made, can- vassed and certified as hereinbefore provided, the governor of the Territory of New Mexico shall imme- diately certify the result of said election, as canvassed and certified as hereinbefore provided, to the Presi- dent of the United States. Sec. 19. Assumption of duties. — ^Within thirty days after the issuance by the President of the United States of his proclamation announcing the result of naid election so ascertained, all officers elected at such election, except members of the legislature, shall take the oath of office and give bond as required by this constitution, or by the laws of the Territory of New IMexico in case of like officers in the territory, county or district, and shall thereupon enter upon the duties of their respective offices ; but the legislature may by law require such officers to give other or additional bonds as a condition of their continuance in office. Sec. 20. First legislative assembly. — The governor of the state, immediately upon his qualifying and en- tering upon the duties of his office, shall issue his proclamation convening the legislature at^ the seat of government on a day to be specified therein, not less than thirty nor more than sixty days after the date of said proclamation. The members-elect of the legislature shall meet on the day specified, take the oath required by this con- stitution, and within ten days after organization shall proceed to the election of two senators of the United 332 Constitution of New Mexico [Art. XXII States for the State of New IMexico, in the manner prescribed by the constitution and laws of the UniU J States; and the governor and secretary of the State of New Mexico shall certify the election of the sen- ators and representatives in congress in the manner required by law. Sec. 21. Legislation required to make constitution effective. — The legislature shall pass ail necessary laws to carry into effect the provisions of this constitution. Sec. 22. Term of first officers. — The term of office of all officers elected at the election aforesaid shall commence on the date of their qualification and shall expire at the same time as if they had been elected on the Tuesday next after the first jMonday of Novem- ber in the year nineteen hundred and twelve. LIST OF MEMBERS OF STATEHOOD CONVENTION, 1910 Francis E. Wood, Herbert F. Raynolds, Nestor Montoya, E. S. Stover, A. A. Sedillo, M. L. Stern, Anastacio Gutierrez, H. B. Fergusson, Green B. Pat- terson, G. A. Richardson, John I. Hinkle, Emmett Patten, C. J. Roberts, Norman Bartlett, Geo. Brown, T. H. O'Brien, Chas. Springer, Francisco Gauna, T. J. Mabry, J. W. Childers, Frank W. Parker, Isidoro Armijo, W. E. Garrison, C. E. Miller, LI. P. Skeen, C. R. Price, W. D. Murray, A. H. Harllee, J. B. Gilchrist, W. B. Walton, J. G. Clancy, Raymond Harrison, Salome Martinez, Tranquilino Labadie, John Capping, J. J. Aragon, A. H. Hud- speth, J. N. Upton, George Page, Juan Navarro, Daniel Cassidy, Anastacio Medina, Emanuel Lucero, Schedule 333 Fred S. Brown, A. B. Fall, C. C. Vigil, F. C. Fields, G. W. Baker, J. A. Lawson, George E. Moffett, Reed Holloman, Charles Kohn, C. F. Saxon, J. L. House, C. C. Davis, T. D. Burns, V. Jaramillo, J. A. Lucero, Perfecto Esquivel, Samuel Eldodt, J. H. Crist, W. E. Lindsey, James Hall, Alejandro Sandoval, Epimenio Miera, R. W. Heflin, M. D. Taylor, C. M. Crampton, J. M. Cunningham, H. W. Kelly, S. B. Davis, A. Roybal, Luciano Maes, C. A. Spiess, E. Romero, Margarito Romero, N. Segura, T. B. Catron, J. D. Sena, G. W. Prichard, B. F. Pankey, V. Ortega, F. H. Winston, E. D. Titman, A. Abeytia, F. Romero, H. 0. Bursum, H. M. Dougherty, 0. G. Martinez, W. Mcintosh, A. B. Macdonald, Acasio Gallegos, E. Gallegos, Solomon Luna, J. Becker, Silvestre Miraval. CERTIFICATION Done in open convention at the city of Santa Fe, in the Territory of New Mexico, this twenty-first day of November, in the year of our Lord, one thousand nine hundred and ten. (Signed) CHARLES A. SPIESS, President of the Constitutional Convention. (Signed) GEORGE W. ARMIJO, Secretary. 334 Constitution of New Mexico Proposed Amendments. — The second session of the first legislature approved three amendments which the people will vote for or against at the election to be held November 3, 1914. These amendments are placed here so that, if they are ratified by the people, the student may have access to them. Spaces are left for the students to record the vote of the people for and against each amendment. ARTICLE X. Section 2. All county officers shall be elected for a term of two years, and after having served two consecutive terms, shall be ineligible to hold any county office for two years thereafter. Vote for ' Vote against Amendment was carried. ARTICLE VIII TAXATION AND REVENUE Section 1. Taxes levied upon tangible property shall be in proportion to the value thereof, and taxes shall be equal and uniform upon subjects of taxation of the same class. Sec. 2. Taxes levied upon real or personal prop- erty for state revenue shall not exceed four mills annually on each dollar of the assessed valuation Amendments 335 thereof except for the support of the educational, penal and charitable institutions of the state, pay- ment of the state debt and interest thereon; and the total annual tax levy upon such property for all state purposes exclusive of necessary levies for the state debt shall not exceed ten mills. Sec. 3. The property of the United States, the state and all counties, towns, cities and school dis- tricts, and other municipal corporations, public libraries, community ditches and all laterals thereof, all church property, all property used for educational or charitable purposes, all cemeteries not used or held for private or corporate profit, and all bonds of the State of New Mexico, and of the counties, munici- palities and districts thereof, shall be exempt from taxation. Sec. 4. Any public officer making any profit out of public monies or using the same for any purpose not authorized by law, shall be deemed guilty of a felony and shall be punished as provided by law, and shall be disqualified to hold public office. All public monies not invested in interest bearing securities shall be deposited in national banks in this state or in banks or trust companies incorporated under the laws of the state, and the interest derived therefrom shall be applied in the manner prescribed by law. Sec. 5. The legislature may exempt from taxation property of each head of a family to the amount of two hundred dollars. Sec. 6. Lands held in large tracts shall not be assessed for taxation at any lower value per acre 336 Constitution of New Mexico then [than] lands of the same character or quality and similarly situated, held in small tracts. The plowing of land shall not be considered as adding value thereto for the purpose of taxation. Sec. 7. No execution shall issue upon any judg- ment rendered against the board of county commis- sioners of any county, or against any incorporated city, town or village, school district or board of educa- tion; or against any officer of any county, incor- porated city, town or village, school district or board of education, upon any judgment recovered against him in his official capacity and for which the county, incorporated city, town or village, school district or board of education, is liable, but the same shall be paid out of the proceeds of a tax levy as other liabili- ties of counties, incorporated cities, towns or villages, school districts or boards of education, and when so collected shall be paid by the county treasurer to the judgment creditor. Vote for Vote against Amendment was carried. ARTICLE V Section 1. The executive department shall consist of a governor, lieutenant-governor, secretary of state, state auditor, state treasurer, attorney-general, super- intendent of public instruction and commissioner Amendments 337 or [of] public land, who shall be elected for the term of two years beginning on the first day of January next after their election. Such officers shall, after having served two con- secutive terms, be ineligible to hold any state office for two years thereafter. The officers of the executive department, except the lieutenant-governor, shall during their terms of office, reside and keep the public records, books papers and seals of office at the seat of government.' Vote for Vote against Amendment was carried. ^1 i f <^-% A-' .,0 v^ •if % ^ -^o. r^ A V *^ ^ '' * . ,.-^ .0-' -> ' " ' ^ 0> s ^ ' ' . .0 -, -^. ^xv X^^r. /.- .^%. « V ■"^ ■ - ^ ' » >. -^o. ' "^, v-^'^ Oo ^ . , V ^ \ * »■ «? "^ ^^. .^■ A '^7. ^. * ,0- ■*^>i - o •^.^' s' %. '^^> .\X- >- ,0*^ c « ^ ^ -? 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