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Act of 1910. The Historic Pens. 
 
NEW MEXICO'S 
 STRUGGLE FOR STATEHOOD 
 
 Sixty Years of Effort to Obtain 
 Self Government. 
 
 BY 
 
 L. h BRADFORD PRINCE, 
 President Historical Society of New Mexico, 
 Ex-Assemblyman and Senator, New York, 
 Ex-Chief Justice and Governor, New Mexico. 
 
 FIRST EDITION. 
 
 SANTA FE, N. M. 
 
 THE NEW MEXICAN PRINTING COMPANY 
 1910 
 
 f 95 0\ 
 
COAST 
 HISTORY 
 
 TABLE OF CONTENTS. 
 
 CHAPTER I. Page 
 .The Beginning of the Struggle 5 
 
 CHAPTER II. 
 
 Convention of 1848 9 
 
 CHAPTER III. 
 
 Convention of 1849 13 
 
 CHAPTER IV. 
 
 The Constitution of 1850 and First 'State 
 
 Government 17 
 
 CHAPTER V. 
 
 Legislative Effort and Constitution of 1872 ... 24 
 
 CHAPTER VI. 
 
 Congressional Action to 1876 34 
 
 CHAPTER VII 
 
 Congressional Action 1876 to 1895 37 
 
 CHAPTER VIII. 
 
 Constitution of 1890 48 
 
 CHAPTER IX 
 
 Proposed Changes of Name 60 
 
 CHAPTER X. 
 
 Favorable Influences 65 
 
 CHAPTRR XI. 
 
 National Conventions 70 
 
 CHAPTER XII. 
 
 Hearings in Washington 74 
 
 CHAPTER XIII 
 
 Statements to Committees. 81 
 
2 TABLE OF CONTENTS. 
 
 CHAPTER XIV. Page 
 
 Congressional 1895 to 1901 91 
 
 CHAPTER XV. 
 
 The Beveridge Com mittee 95 
 
 CHAPTER XVI 
 
 The Right to Self Government 102 
 
 CHAPTER XVII. 
 
 Joint Statehood Movement of 1906 107 
 
 CHAPTER XVIII. 
 
 Proposed Convention of 1907 113 
 
 CHAPTER XIX 
 
 Congressional Action, 1901 to 1910 118 
 
 CHAPTER XX. 
 
 Final Success. 124 
 
INTRODUCTION". 
 
 Self-government is the fundamental principle of a Re- 
 public; pre-eminently of the American Republic. 
 
 It is the keynote of the Declaration of Independence, 
 and the foundation of the Constitution. ' 
 
 "Governments derive their just powers from the con- 
 sent of the governed." 
 
 "We, the people of the United States. . . .do ordain and 
 establish this Constitution." 
 
 Yet, in New Mexico, American citizens have been de- 
 prived of self-government for over sixty years; and that, 
 against their repeated remonstrances; and for at least a 
 quarter of a century without a vestige of right or reason. 
 
 Now, when this strange anomaly is about to disappear, 
 and this long period of un-American bondage to end, it 
 seems proper to review the history of those years, and of 
 the Struggle for Statehood which has continued through 
 their whole duration. 
 
 Again, there are few who appreciate the remarkable re- 
 cord which New Mexico has achieved as a constitution- 
 maker. No Territory ever framed so many constitutions; 
 no Territory ever framed them so well. 
 
 The three that are in print, those of 1850, 1872 and 
 1890, are all models of excellence, instruments of which 
 any people may be proud. 
 
 It seems well, just as the final constitution is to be form- 
 ulated, that the excellences of these should be realized and 
 perhaps in some respects followed. 
 
 That of 1850, especially, is a marvel. When we remem- 
 ber that it was written less than four years after the 
 American occupation; by a convention, over nine-tenths 
 of whose membership was of Spanish descent and very 
 brief experience in the American governmental system, it 
 is not simply creditable, it is almost a miracle of excel- 
 lence; and its courageous declaration as to human slavery, 
 
4 INTRODUCTION. 
 
 under the peculiar circumtances, and in view of the sacri- 
 fice which it involved., is beyond all praise. 
 
 There is another reason which seems to render such a 
 retrospect timely. Perhaps nowhere in history is there 
 such a series of failures, in what at the time seemed al- 
 most certainty, through unlocked for and often insignifi- 
 cant causes. 
 
 Statehood was almost attained in 1850; it was lost by 
 a handshake in 1875, by a sudden impetuous word in 
 188), by a shiver of malaria and a miscalculation of time 
 in 1894. 
 
 At least a dozen times the passage of an Enabling Act 
 has been considered certain, and its failure has come from 
 some unimportant cause. Today, the fruition of long ef- 
 fort, the victorious end of the protracted struggle, seems 
 at hand. But this retrospect may teach the value of ex- 
 treme care and tactful consideration, that the chalice may 
 not again be dashed from the thirsty lips, and American 
 citizens be longer consigned to political bondage. 
 
STRUGGLE FOR STATEHOOD 
 
 CHAPTER I. 
 
 THE BEGINNING OF THE STRUGGLE. 
 
 In no part of the United States has there ever been such 
 a protracted struggle for self-government as in New Mexi- 
 co. In no other case has Statehood been so long withheld. 
 
 The inhabited parts of the Louisiana Purchase, in the 
 vicinity of New Orleans and St. Louis, acquired in 1803, 
 were admitted as the State of Louisiana in 1812 and that 
 oi' Missouri in 1821. Florida, which was acquired from 
 Spain in 1821, became a State in 1845. Of the terri- 
 tory ceded by Mexico in 1848, California, which was then 
 the only inhabited portion except New Mexico, was ad- 
 mitted in 1850. The vast domain north and south of the 
 Ohio, roamed over by Indians at the foundation of the 
 national government, was divided into self-governing 
 States as fast as white settlement permitted ; Ohio, Indiana 
 and Illinois becoming States in 1802, 1816 and 1818; and 
 Mississippi and Alabama in 1817 and 1819. 
 
 New Mexico was acquired with California and the re- 
 mainder of northern Mexico by occupation in 1846 and 
 cession in 1848, and yet more than sixty years afterwards 
 it was still struggling to obtain the fundamental right of 
 a free people and still meeting opposition and defeat. 
 
 The struggle for Statehood began almost as soon as the 
 American occupation. In the speeches and proclamations 
 of Gov. Kearny language was used which aroused hope, 
 if it did not give promise, of self-government. In the 
 first address in front of the Palace, on August 19th, 1846, 
 he announced the intention to "establish a civil govern- 
 ment on a republican basis similar to those of our own 
 States." 
 
6 THE BEGINNING OF THE STRUGGLE. 
 
 In the formal proclamation of annexation issued three 
 days later, appeared these words: "It is the wish and in- 
 tention of the United States to provide for Xew Mexico 
 a free government, with the least possible delay, similar 
 to those in the United States." 
 
 By Article IX of the Treaty of Guadahvpe Hidalgo it 
 is provided that the people of the ' Territory annexed to 
 the United States "shall be incorporated into the Union 
 of the United States and be admitted at the proper time 
 (to be judged of by the Congress of the United States) to 
 the enjoyment of all the rights of citizens of the United 
 States according to the principles of the Constitution.' 7 
 
 The ratifications of the Treaty were exchanged at 
 Queretero, May 30, 1848, and it was formally proclaimed 
 at Washington on July 4, 1848, and at Santa Fe in Au- 
 gust of that year. 
 
 By this re-establishment of peace the military rule in 
 the newly acquired territory, together with the civil gov- 
 ernments which had been set up by military authority in 
 California and Xew Mexico, legally ceased to exist, but 
 the practical conditions required some regular govern- 
 ment to act until Congress should provide for the future; 
 and the national administration took the ground that "the 
 termination of the war left an existing government, a gov- 
 ernment de facto, in full operation ; and this will continue, 
 with the presumed consent of the people, until Congress 
 shall provide for them a Territorial government." The 
 advice of the President was that the people should "live 
 peacably and quietly under the existing government for 
 a few months" until Congress could act deliberately and 
 wisely. 
 
 Hon. Thomas H. Benton, then in the height of his 
 influence and power as Senator from Missouri, was greatly 
 interested in the condition of the new domain, and especi- 
 ally of New Mexico; and in default of any representation 
 of the acquired territory, in Congress, he cheerfully as- 
 sumed the place of its protector and was looked up to by 
 the body of the people as their best friend and their politic- 
 al guide. The view that he took of the situation was that 
 
THE BEGINNING OF THE STRUGGLE. 7 
 
 no congressional enabling act or other action by Congress 
 was necessary, but that the people as American citizens 
 had the right to frame and adopt a constitution, organize 
 their local government, and then ask Congress to admit 
 them into the Union and afford to them proper representa- 
 tion in both Houses of the national legislature. Under 
 date of August 28th, 1848, he addressed an open letter 
 to the people of California and New Mexico, in which he 
 advised them "to meet in convention, provide for a cheap 
 and simple government, and take care of yourselves until 
 Congress can provide for yon." 
 
 Meanwhile, under the provisions of the Kearny Code, 
 the first legislature of New Mexico had been elected, and 
 had held its regular session, beginning on December 6th, 
 1847. The Council consisted of seven members elected by 
 districts, with Antonio Sandoval of Bernalillo County as 
 President ; and the House of twenty-one members with 
 W. Z. Angney as Speaker. 
 
 This legislature could do little but local business, as the 
 Treaty of Peace with Mexico was not yet signed, but it 
 has been rendered famous by the bold and excellent char- 
 acter of the Message delivered to the joint session by Gov. 
 Donaciano Vigil, especially relative to public education. 
 After lamenting that there was but one public school in 
 the Territory, and that the funds were only sufficient for 
 one teacher, he says : "It is evident that the means of ob- 
 taining an education are exceedingly limited and that the 
 facilities should be greatly increased, that opportunities 
 for learning should be given to all, to the poor as well as 
 the rich, and if possible a school placed in every town and 
 neighborhood of the Territory. If our government here 
 is to be republican, if it is to be based upon democratic 
 principles; and if the will of the majority is one day to 
 be law of the land and the government of the people, it 
 is most important for this will to be properly exercised. 
 The people must be enlightened and instructed so that 
 every man shall be able to read and inform himself of mat- 
 ters important to his country and his government. It is 
 true that the available means which could be applied at 
 
8 THE BEGINNING OF THE STRUGGLE. 
 
 present to the cause of education are small. But for the 
 promotion of so desirable an object they should be both 
 increased and economized. All that the legislature can 
 do for the cause of education of the people is most earnest- 
 ly pressed upon them, and to this object I give my hearty 
 approval and co-operation/' 
 
 Thus the first official utterance in -New Mexican legis- 
 lative halls was for education and progress. 
 
CONVENTION OF 1848. 
 
 CHAPTER II. 
 
 CO:NTENTION OF 1848. 
 
 The advice of Senator Benton was quickly followed. New 
 Mexico was without any legal government since the Treaty 
 of Guaclahipe Hidalgo had ended the regime of military 
 occupation, and the continuance of the de facto military 
 authority was but a temporary make-shift justifiable by 
 the peculiar conditions. The people were anxious for al- 
 most any form of government which would be regular in 
 form and civil in character. 
 
 Under call from Gov. Vigil, a Convention was held at 
 Santa Fe on Oct. 10th, 1848, and organized by the election 
 of Antonio Jose Martinez of Taos (the celebrated Padre 
 Martinez) as President, J. M. Giddings as Clerk, Henry 
 Henrie as Interpreter, and Thomas White as doorkeeper. 
 Gov. Vigil took an active part in the proceedings, although, 
 perhaps from a strict regard for the proprieties of his po- 
 sition, he did not sign the Petition to Congress. 
 
 Francisco Sarracino, who had been Governor of New 
 Mexico under the Mexican regime, in 1834, Governor 
 Vigil, James Quinn and Juan Perea were appointed a 
 committee to draft a memorial to Congress expressing the 
 views of the Convention. They reported a form of- Peti- 
 tion, which was unanimously adopted, which looked to the 
 immediate establishment of a Territorial Government, en- 
 tirely civil in its character, which then appeared the most 
 feasible method of obtaining relief from military rule and 
 some regular legal system, by act of Congress. This Peti- 
 tion contained the following paragraphs, together with 
 others of less importance: 
 
 "We, the people of New Mexico, respectfully petition 
 Congress for the speedy organization of >a territorial civil 
 government. 
 
 "We respectfully petition Congress to establish a gov- 
 ernment putely civil in its character. 
 
 "We respectfully, but firmly, protest against the dismem- 
 
10 CONVENTION OF 1848. 
 
 berment of our territory in favor of Texas or from any 
 cause. 
 
 "We do not desire to have domestic slavery within our 
 borders; and until the time shall arrive for admission into 
 the Union of States, we desire to be protected by Con- 
 gress against the introduction of slaves into the Territory. 
 "We desire a local legislature, such as is prescribed by 
 the laws of New Mexcio, September 22, 184:6, subject to 
 the usual veto of Congress. 
 
 "We desire that our interests be represented by a dele- 
 gate admitted to a seat in Congress." 
 
 This was dated October 14th, 1848, and was signed by 
 the following members of the convention : 
 
 AXTOXIO J. MAETIXES. 
 
 ELIAS P. WEST, 
 
 JUAX PEEEA, 
 
 FEAXCISCO SAEEACIXO. 
 
 GEEGOEIO VIGIL, 
 
 EAMOX LUXA. 
 
 AXTOXIO SAIS, 
 
 SAXTIAGO AECHULETA, 
 
 JAMES QUIXX, 
 
 MAXUEL A. OTEEO. 
 
 CHAELES BEAUBIEX, 
 
 JOSE PLEY. 
 
 On motion of Gov. Vigil, it was determined to send 
 copies to Senator Benton of Missouri and Senator Clay- 
 ton of Delaware, with the request that they represent the 
 interests of Xew Mexico in the Senate until it should have 
 regularly represented members. 
 
 It is recorded in Xiles' Eegister, Vol. 74, p. 407, that 
 when this petition was received and read in the Senate on 
 Dec. 13th, it caused quite a storm of comment, especially 
 from the pro-slavery senators, who were astounded at 
 what they termed "the insolence" of the language of the 
 document. 
 
 Xothing resulted from the action of this convention, and 
 the people continued to be very restless under the irregular 
 authoritv of the militarv commanders. Thev were divided 
 
CONVENTION OF 1848. 11 
 
 into two parties, one anxious for Statehood, and the other 
 believing that a regular territorial organization was all 
 that could be obtained and that therefore their efforts 
 should be bent in that direction. 
 
 But in fact the wishes of the people of New Mexico were 
 considered in Washington then but little more than in 
 more modern days, and the Territory was only a pawn 
 in the game of national politics and in the mighty conflict 
 between the slave power and the aroused sentiment in favor 
 of freedom. 
 
 The South had brought about the annexation of Texas, 
 and followed it up by the war against Mexico, in order to 
 acquire a vast additional area south of Mason and Dixon's 
 line supposed to be suited to slave labor and expected to 
 be cut up into future slave states. But there was disap- 
 pointment as to the anticipated results. The discovery of 
 gold in California had led to a phenomenal emigration to 
 the Pacific, largely from the North and opposed to slav- 
 ery. The rapid increase of population there made it al- 
 most impossible to refuse Statehood to the Golden State, 
 and the only way to keep even a balance between the sec- 
 tions was to form a slave State in New Mexico. But to 
 the surprise of the southern leaders, it was found that 
 the Mexican population was unalterably opposed to slavery. 
 In the very first New Mexican convention, as we have 
 just seen, they spoke on that subject in no uncertain tones. 
 
 The situation was further complicated by the claim of 
 Texas to the ownership of all the Territory east of the 
 Eio Grande, which was vigorously maintained by the Lone 
 Star State. Though without any foundation in law or 
 history, and absurd in view of the fact that for two hun- 
 dred and fifty years New Mexico had existed as it does to- 
 day, on both sides of the Elver and with its capital and 
 chief towns on the east side, and that its authorities 
 through all that period had exercised undisputed authority 
 over the country east of the Eio Grande, as far as the 
 European settlements extended, and on the buffalo plains 
 as far as the western line of the great domain then known 
 as Louisiana, yet the United States, by assuming in the 
 
12 CONVENTION OF 1848. 
 
 Mexican War that Texas rightfully included the country 
 between the Xueces and the Rio Grande, had given its 
 claim a kind of endorsement which now was a source of 
 much embarrassment and of most animated debates in 
 Congress. Thus the fate of Xew Mexico depended far 
 more on the strength of sectional divisions and the exigen- 
 cies of party policies in Washington, than on the acts and 
 wishes of it? own people. 
 
CONVENTION OF 1849. 
 
 CHAPTEE III. 
 
 CONVENTION OF 1849. 
 
 Still these people were unceasing in their struggles to 
 obtain some regular form of government under which their 
 rights should be protected. 
 
 In deference to this sentiment, in the summer of 1849, 
 Lieut. Col. Beall, acting as Governor during the absence 
 of Col. Washington, issued a proclamation for the election 
 of Delegates to a Convention to consider a plan for the 
 civil government of New Mexico. This convention con- 
 sisted of nineteen Delegates,, apportioned among the seven 
 counties into which the Territory was then divided; and 
 it met at Santa Fe on the 24th of September. The Journal 
 of this interesting body has recently been re-printed by the 
 Historical Society of New Mexico, .as its publication No. 
 10^ from the original document presented in Congress, 
 Feb. '25, 1850, and printed as H. E. Mis. Doc, No. 39, 
 31st Cong. 1st. Ses. 
 
 The record is entitled as follows : 
 
 JOURNAL AND PROCEEDINGS OF A CONVEN- 
 TION OF DELEGATES ELECTED 
 
 By the people of New Mexico, held at Santa Fe on the 
 24th of September, 1849, presenting a plan for a civil 
 government of said Territory of New Mexico and asking 
 the action of Congress thereon. 
 
 Convention held at the city of Santa Fe, Territory of 
 New Mexico, composed of delegates elected by the people 
 of the different counties, in conformity with the proclama- 
 tion of Lieutenant Colonel Beall, civil and military com- 
 mandant of the Territory of New Mexico, in the absence 
 of Lieutenant Colonel J. M. Washington, civil and mili- 
 tary governor. 
 
 The following was the membership of the Convention 
 by Counties : 
 
 Kernalillo Manuel Armijo y Mestas, Ambrosio Armijo 
 V Ortiz. 
 
14 CONVENTION OF 1849. 
 
 liio Arriba Joseph Xangle, Salvador Lucero. 
 >Vm Miguel Gregorio Vigil, Manuel Antonio Baca. 
 $anta Ana Miguel Montoya, Francisco Tomas Baca. 
 tianta Fe Manuel Alvarez, E. Vaudry Deroin, W. Z. 
 
 Angney. 
 Taos Ceran St. Vrain, Antonio Jose Martin, Antonio 
 
 Leroux. 
 
 Valencia Juan Jose Sanches, William Curtis Skinner, 
 Mariano Silva, Antonio Jose Otero, Manuel 
 Antonio Otero. 
 
 On motion of Ceran St. Vrain, the Rev. Cura Antonio 
 Jose Martinez was unanimously elected President; but in 
 the subsequent election and other votes there was a uniform 
 division of fifteen to four, the minority consisting of the 
 three Santa Fe members, Alvarez, Deroin, arid Angney, 
 and Dr. Xangle of Eio Arriba. 
 
 The Convention elected a Delegate to represent New 
 Mexico in the Congress of the United States, Hugh X. 
 Smith being chosen for that position; and subsequently 
 named ex-Governor Francisco Sarracino as "alternate 
 delegate/ 7 
 
 A committee of five was then appointed to report the 
 basis of a constitution for the government of the Territory 
 and instructions for the delegate to Congress. 
 
 On the third day of the Session, by invitation, his Ex- 
 cellency Gov. Washington, Hon. Joab Houghton, Justice 
 of the Supreme Court, and Hon. Donaciano Vigil, Secre- 
 tary of the Territory, appeared and were escorted by a com- 
 mittee to seats with the President. 
 
 The plan of government, or constitution, adopted as a 
 recommendation to Congress, shows excellent judgment, 
 and was largely followed in the provisions of the Organic 
 Act of 1850. It is brief and left all details to be settled 
 by subsequent legislation. The following provisions may 
 be cited as showing both good sense and foresight : 
 
 "Art. II. Sec. 15. Xo person who now is, or hereafter 
 may be, a collector or holder of public money, or assistant 
 or deputy thereof, shall be eligible to any office of profit or 
 trust, until he shall have accounted for, and paid over all 
 
CONVENTION OF 1849. 15 
 
 moneys for which he may be acountable as such collector 
 or holder; and no person who shall have directly or in- 
 directly given any bribe to procure his election or appoint- 
 ment to any office, or who shall have been convicted of per- 
 jury or other infamous crime,, shall be eligible to any office 
 of honor, profit, or trust within this territory, or shall be 
 allowed the right of suffrage. 
 
 "Art. III. Sec. 2. The supreme court shall consist 
 of four judges, one to be supreme or appellate judge, and 
 the other three to be district judges, for the hearing and 
 adjudication of law cases, and associates of the supreme 
 judge in all cases of appeal; and the judge who tried the 
 case shall not be allowed to sit in the appellate court." 
 
 The instructions given to the delegates were practical, 
 and were introduced by a preamble which sets forth in 
 such strong terms the unfortunate situation of the people 
 that it isi worthy of reproduction. It reads as follows : 
 
 INSTKUCTIONS AS ADOPTED BY THE CON- 
 VENTION. 
 
 "We, the people of New Mexico, in convention assembled, 
 having elected a delegate to represent this Territory in the 
 Congress of the United States, and to urge upon the su- 
 preme government a redress of our grievances, and the 
 protection due to us as citizens of our common country, 
 under the constitution, instruct him as follows: That 
 whereas, for the last three years, we have suffered under 
 the paralyzing effects of a government undefined and 
 doubtful in its character, inefficient to protect the rights 
 of the people, or to discharge the high and absolute duty 
 of every government, the enforcement and regular admin- 
 istration of its own laws, in consequence of which, indus- 
 try and enterprise are paralyzed, and discontent and con- 
 fusion prevail throughout the land; the want' of proper 
 protection against the various barbarous tribes of Indians 
 that surround us on every side, has prevented the exten- 
 sion of settlements upon our valuable public domain, and 
 rendered utterly futile every attempt to explore or de- 
 velop the great resources of the territory; surrounded by 
 
16 CONVENTION OF ltt-49 
 
 the Eutaws, Comanches, and Apaches, on the north, east 
 and south., by the Xavajos on the west, with Jicarillas with- 
 in our limits, and without any adequate protection against 
 their hostile inroads; our flocks and herds are driven off 
 lry thousands, our fellow-citizens, men, women and children 
 are murdered or carried into captivity; many of our citi- 
 zens of all ages and sexes are at this moment suffering all 
 the horrors of barbarian bondage, and it is utterly out of 
 our power to obtain their release from a condition to which 
 death would be preferable; the wealth of our territory is 
 being diminished; we have neither the means nor any 
 adopted plan by government for the education of the ris- 
 ing generation; in fine, with a government temporary, 
 doubtful, uncertain, and inefficient in character and in 
 operation, surrounded and despoiled by barbarous foes, ruin 
 appears inevitably before us, unless speedy and effectual 
 protection be extended to us by the Congress of the United 
 States." 
 
 The delegate was instructed particularly, as follows, as 
 to the form of government desired : 
 
 "That, in case a territorial government may be obtained, 
 he shall prefer it to a state government, and shall take for 
 his grounds the late act constituting the people of Minne- 
 sota into a territorial government, and shall insist upon 
 provisions at least as favorable." 
 
 "But in case the obtention of a territorial government, 
 be not feasible, but that of a state government be practic- 
 able, he shall accept one, and proceed to its organization; 
 taking for his model the present constitution of Missouri, 
 so far as the same is applicable to our condition." 
 
C/TrtU^ &t^< 
 
 Ballot at First Statehood Election. 1850, 
 
CONSTITUTION OF 1850. 17 
 
 CHAPTEE IV. 
 
 THE CONSTITUTION OF 1850 AND FIRST STATE 
 GOVERNMENT. 
 
 Meanwhile the discussion of the status of the vast do- 
 main recently acquired from Mexico continued in Congress 
 almost incessantly and with considerable bitterness, on 
 national and political lines. There seems to be no doubt 
 that Gen. Taylor, from the time that he became president 
 in March, 1849, was anxious for the admission of both 
 California and New Mexico as States, in order to settle 
 the question of slavery which was causing increasing ex- 
 citement. 
 
 In his message to Congress he frankly announced this 
 policy. He said : "I did not hesitate to express to the peo- 
 ple of those territories my desire that each territory should, 
 if prepared to comply with the requirements of the Con- 
 stitution of the United States,, form a plan of a State Con- 
 stitution and submit the same to Congress wih a prayer 
 for admission into the Union as a State." 
 
 In the annual message of December 4, 1849, he again 
 evinced his interest by saying : "The people of New Mexico 
 will also, it is believed, at no very distant period, present 
 themselves for admission." 
 
 In the spring of 1849, James S. Calhoun, afterwards 
 the first Governor under the Organic Act, was sent to New 
 Mexico as Indian agent, but with semi-official instructions 
 to favor the organization of a State government, In this 
 he was actively aided by Manuel Alvarez, Angney, Pillans, 
 etc., while Ceran St. Vrain, Judge Houghton, Carlos 
 Beaubien, etc., favored a territorial form of government. 
 
 That the national government expected and desired the 
 people to take the initiative in the matter, which down to 
 that time had been the usual method of obtaining admission 
 to the Union, instead of awaiting an "enabling act" from 
 Congress; and that the right of New Mexico to Statehood 
 was generally admitted even at that early date, is obvious 
 from the instructions of the Secretary of War (George W. 
 
18 CONSTITUTION OF 1850. 
 
 Crawford) to Lieut. Col. McCall, dated Xov. 9, 1849, 
 when the latter was on his way to Xew Mexico. Their pur- 
 port will be seen from the following extract: 
 
 "Since their annexation these territories in respect to 
 their civil government have in a great measure depended 
 on the officers of the army there in command. This con- 
 dition has arisen from the omission of Congress to provide 
 suitable governments; and in regard to the future there 
 is reason to believe that the difficulties of the past are still 
 to be encountered. It is not doubted that the people of 
 Xew Mexico desire and want a government organized. The 
 question readily recurs how that government can be sup- 
 plied. It is therefore deemed proper that I should say 
 that it is not believed that the people of Xew Mexico are 
 required to await the movements of the Federal Govern- 
 ment in relation to a plan of government for the regula- 
 tion of their own internal concerns. The Constitution of 
 the United States and the late Treaty with Mexico guar- 
 antee their admission into the Union of our States, subject 
 only to the judgment of Congress. Should the people of 
 Xew Mexico wish to take any steps towards this object, it 
 will be your duty and the duty of others with whom you 
 are associated, not to thwart but to advance their wishes. 
 It is their right to appear before Congress and ask for ad- 
 mission into the Union." 
 
 Soon after his arrival, Col. McCall spread abroad the in- 
 formation that Congress did not favor a territorial form 
 of government but that President Taylor was very anxious 
 that Xew Mexico should immediately become a State. Let- 
 ters of the same purport were also received from Delegate 
 Smith, who remained in Washington, although he had not 
 been admitted to a seat in Congress; receiving 86 votes 
 against 92, on the final action. 
 
 The result was that all parties united in the desire for 
 a Constitutional Convention, and an important meeting 
 was held in Santa Fe on April the 20th, 1850, where reso- 
 lutions to that effect were adopted, and Col. Monroe, then 
 Military Governor, was requested to issue a proclamation 
 calling for an election of delegates. 
 
CONSTITUTION OF 1850. 19 
 
 This he did in April, 1850,, and a regular Constitutional 
 Convention was elected, and commenced its session on May 
 15, 1850. James H. Quinn was elected president of the 
 convention. The convention sat for ten days and succeeded 
 in formulating a Constitution which all concede to be an 
 admirable instrument. It was dated May 25, and when 
 printed was accompanied by an address, explanatory of 
 some of its provisions as well as of the general advantages 
 of Statehood, as excellent in its substance and tone as the 
 Constitution itself. 
 
 The two features which naturally attract most attention 
 are the clear declaration against slavery in the new State, 
 and the appreciation shown of the value of public educa- 
 tion. Besides the section of the Constitution forever pro- 
 hibiting slavery in New Mexico, there was a strong para- 
 graph on that subject in the accompanying address show- 
 ing that slavery had always been the curse of the communi- 
 ties in which it existed. 
 
 It is an evidence of the courage and high principle of 
 the convention which formulated the Constitution, that at 
 that time, when the debate on slavery was raging in Con- 
 gress, when they knew that the slave power was determined 
 to have a new slave State to balance California, and that 
 if they declared for slavery they would be admitted in a 
 moment; they sacrificed their prospects of immediate ad- 
 mission to the higher duty of protecting their cherished 
 land from the incubus and wrong of human bondage. It 
 should never be forgotten that this first Constitutional 
 Convention in New Mexico, in which native New Mexicans 
 composed over ninety per cent, of the membership, took 
 this high ground and maintained it courageously, although 
 by so doing they were placing in jeopardy their own right 
 to self government. 
 
 On May 28th, Col. Monroe, the Military Governor, is- 
 sued his proclamation calling for an election on the adop- 
 tion of the Constitution to be held on June 20th ? and also 
 a vote on a separate ballot "for governor, lieutenant gover- 
 nor, representative to Congress, and for senators and rep- 
 resentatives to a State Legislature to convene at the capital 
 
20 CONSTITUTION OF 1850. 
 
 on Monday the first day of July next. It being provided: 
 and understood that the election of all officers can only 
 be valid by the adoption of a constitution by the people, 
 and otherwise null and void; and that all action of the 
 governor, lieutenant governor, and of the legislature shall 
 remain inoperative until New Mexico be admitted as a 
 State under said Constitution., except such acts as may be 
 necessary for the primary steps of organization and the 
 presentation of said Constitution properly before the Con- 
 gress of the United States. The present government shall 
 remain in full force until, by the action of Congress, an- 
 other shall be substituted/ 7 
 
 The proclamation was thus carefully worded in order to 
 express the opinion of Gov. Monroe as to the effect of the 
 election and the powers of the new State official*, an 
 opinion to which he adhered without deviation to the end. 
 In this the Military Governor of New Mexico differed 
 widely from similar officials in California, where Gov. 
 Eiley in his proclamation of election clearly expressed his 
 intention to surrender his authority to the new State Gov- 
 ernor, if the Constitution should be adopted, and actually 
 carried out that promise. 
 
 In New Mexico, there was no real contest over the Con- 
 /stitution, which seems to have been universally approved; 
 the vote in favor of its adoption being 8,371 against 39 
 opposed. But for State and local officers there was the 
 usual political contest. The candidates for governor and 
 lieutenant or vice governor on one ticket were Henry Con- 
 nelly, a well known merchant of the Santa Fe trail, and 
 Manuel Alvarez, for many years U. S. Consul at Santa Fe; 
 while opposed to them were Tomas Cabeza de Baca and 
 Ceran St. Vrain. A few of the ballots used at this first 
 State election are still in existence, in the collection of the 
 New Mexico Historical Society, and are written on paper 
 of uniform size. Those that are preserved were for Santa 
 Fe County, and are "split" as to some of the candidates, 
 being for Baca for Governor, and Alvarez for Yice-Gover- 
 iior, probably a popular combination in that locality. Con- 
 nelly and Alvarez were elected by a considerable majority. 
 
CONSTITUTION OF 1850. 21 
 
 So strongly contested was this first State election that 
 a contest was made before the Senate by Murray F. Tuley. 
 Levi D. Keithley and Donaciano Vigil, claiming the seats 
 for which Joseph Wangle, Domingo Baca and Jose F. 
 Leiba received certificates from the district composed of 
 Santa Fe, San Miguel and Santa Ana counties. This Mur- 
 ray F. Tuley was the same who afterwards achieved wide 
 celebrity as a judge in Chicago, occupying the bench there 
 for over a quarter of a century. 
 
 The legislature met on the 4th of July and continued in 
 session over a week. It elected Francis A. Cunningham 
 and Richard H. Weightman, United States Senators ; made 
 various appointments, ordered an election for local officials 
 in August, organized the County of Socorro, and proceeded 
 to enact general legislation. This was entirely contrary to 
 the language of Gov. Monroe's proclamation, and assumed 
 that the State was actually established, and its govern- 
 ment fully organized, without any Congressional action. 
 
 A controversy immediately arose between Alvarez, act- 
 ing as State Governor, while Connelly was absent in the 
 east, and Col. Monroe, the Military and Civil Governor of 
 the Territory. Both were able men and sustained their 
 respective positions with vigor. On July 6th, Alvarez sent 
 to Monroe a long defense of the course of the State gov- 
 ernment. He claimed that the people had a right to or- 
 ganize a civil government without consulting the military 
 authorities; that any private citizen might have issued the 
 proclamation; that in the absence of Congressional legisla- 
 tion, the people of New Mexico had as good a right to form 
 or remodel their own system, or establish a new one, as 
 the people of New York or Virginia; that Monroe's civil 
 power could be no greater than that of the President, and 
 that the President had never pretended to have the power 
 to make a government for New Mexico or insist on the old 
 one; that the President's instructions, and all others from 
 Washington, simply advised temporary submission to the 
 old government as existing by presumed consent of the 
 people. That consent had been withdrawn and a new gov- 
 ernment organized, which must be recognized until Con- 
 gress should refuse to sanction it." 
 
22 CONSTITUTION OF 1850. 
 
 On July 12th Col. Monroe answered, insisting on ad- 
 herence to the terms of his original proclamation and on 
 a continuance of the old regime pending Congressional 
 action. 
 
 Gov. Alvarez immediately replied, deploring the con- 
 troversy,, but asserting that the people cannot surrender 
 their dearest rights. 
 
 On the 15th, the Senate and House of the State Legisla- 
 ture passed resolutions endorsing the action of Gov. Al- 
 varez, signed by W. Z. Angney, president of the Senate, 
 and Joseph Nangle, speaker of the House. 
 
 On the 23rd, Col. Monroe, by Donaciano Vigil, Secre- 
 tary of the Territory, sent a circular letter to the Prefects 
 of all the counties, informing them that "the State gov- 
 ernment of New Mexico has no legal existence until New 
 Mexico shall be admitted into the Union as a State by 
 the Congress of the United States; and that, until other- 
 wise deermined by competent authority, the present gov- 
 ernment continues and will be sustained." 
 
 As the time for the local elections under the State legis- 
 lative Act approached, a compromise was effected in order 
 to allay the popular excitement. The legislature adopted 
 a joint resolution stating that "no officer, elective or ap- 
 pointive, under the State government, will attempt to exer- 
 cise any jurisdicion until after November first or until 
 duly commissioned to act as such"; and on August 9, Col. 
 Monroe responded by another letter from Secretary Vigil 
 to the Prefects, instructing them that no obstacle should 
 be offered to, and no part taken in, the State election on 
 the 12th, but that the officials elected were not to be recog- 
 nized. Thus any real conflict was avoided, until the news 
 arrived by the slow mails across the plains, that Congress 
 had passed the so-called Compromise Measures of 1850, 
 which settled the whole matter. 
 
 Under their provisions California was admitted as a 
 free State ; New Mexico and Utah, covering all the remain- 
 ing area acquired from Mexico, were made into territories, 
 with no mention of slavery; Texas abandoned her claim on 
 Xew Mexico east of the Eio Grande, and received a large 
 
CONSTITUTION OF 1850. 23 
 
 sum as compensation for that concession. These measures 
 were signed by the President on September 9, 1850, and 
 effectually ended the career of the new State of New Mex- 
 ico and the work of the Convention in 1850. The two 
 senators-elect had proceeded across the plains as far as 
 Independence, Missouri, before they received the news 
 which blighted their hopes of high official life. 
 
 William S. Meservey, who had been elected member of 
 the House at the June election, continued his journey to 
 Washington, and succeeded in being recognized and ad- 
 mitted as Delegate from the Territory instead of Eepresen- 
 tative of the State. 
 
 The President appointed James S. Calhoun- first Gov- 
 ernor of the Xew Territory under the Organic Act, and 
 the entire territorial government was put into operation 
 in March, 1851. The people settled down to a new order 
 of things*, and nothing was heard of Statehood for several 
 years. Then came the great Rebellion, and the attention 
 of the people was fully occupied in their defense against 
 the invasion of the Texans and in the wars with the In- 
 dian tribes which practically encircled the Territory. 
 
24 LEGISLATIVE EFFORT, 1872. 
 
 CHAPTER V. 
 
 LEGISLATIVE EFFORT AND CONSTITUTION OF 
 
 1872. 
 
 The next formal action looking towards Statehood was 
 early in 1866., when the Legislature passed an act authoriz- 
 ing the Governor to call a Constitutional Convention, to 
 be elected on the first Monday in March and to meet in 
 the City of Santa Fe; the Constitution formulated to be 
 submitted to a vote of the people on the fourth Monday 
 in June. Apparently nothing of a practical nature was 
 accomplished under this law. 
 
 On February 3, 1870, the Legislature passed an act pro- 
 viding for an election to be held on the first Monday in 
 October of that year for the purpose of submitting a State 
 constitution and electing the State officers and legislature 
 provided for therein. The Governor was required to issue 
 a proclamation for the election thirty days before its occur- 
 rence. The preamble to the Act reads as follows : "Where- 
 as, We, the members of the Legislative Assembly of the 
 Territory of Xew Mexico, as the representatives of the 
 people, after due consideration of the best interests of Xew 
 Mexico that the present circumstances and condition of 
 the country will permit, have considered it best to submit 
 for the consideration of the people, a constitution which 
 appears to us proper and in which is embodied the funda- 
 mental principles of a free and sovereign State, etc." From 
 this it appears that the Constitution had been already pre- 
 pared when the Act was passed ; but nothing seems to have 
 resulted from this attempt to secure self-government. 
 
 To remedy this failure, the succeeding legislature took 
 up the subject early in the session and passed a bill which 
 w r as approved by the Governor on February 1. 1872, en- 
 titled "An Act providing for a General Election for the 
 Purpose' of Submitting to a Vote of the People a State 
 Constitution and State Officers.*' After a Preamble which 
 states, among other things that the Legislature is satisfied 
 that a majority of the people desire a State Government, 
 
LEGISLATIVE EFFORT, 1872. 25 
 
 the law provided that a General Election should be held on 
 the first Monday in June, 1872, "for the purpose of sub- 
 mitting to a vote of the people the State Constitution 
 drafted at the present term of the Legislative Assembly." 
 
 Section five reads as follows : "If a majority of the votes 
 cast be in favor of the Constitution and a State, the Gov- 
 ernor is hereby required to issue his proclamation on the 
 second Monday of July announcing the result of said elec- 
 tion, and ordering another election, which shall be held 
 on the first Monday in September, for the object of elect- 
 ing under said Constitution a Governor, Lieutenant Gov- 
 ernor, Secretary of State, Auditor, Treasurer, Attorney 
 General, Superintendent of Public Instruction, and also 
 members of the Legislative Assembly and also a Repre- 
 sentative to the Congress of the United States." 
 
 The Constitution that was thus submitted w.as printed in 
 a pamphlet of forty- seven pages and was a comprehensive 
 and well arranged document, creditable to those who pre- 
 pared and adopted it. 
 
 For the purpose of showing the excellent character of 
 this Constitution, fully abreast of the times and in every 
 respect in advance of many of the Constitutions existing 
 in 1872, the following sections are extracted: 
 
 CONSTITUTION OF 1872. 
 ART. IV. 
 
 Sec. 3. * * "Xo judge or clerk of any court, secretary 
 of state, attorney general, state's attorney, recorder, sheriff 
 or collector of public revenue, member of either house of 
 congress, or person holding any lucrative office under the 
 United States, this state, or any foreign government, shall 
 have a seat in the General Assembly;" 
 
 PASSAGE OF BILLS. 
 ART. IV. 
 
 Sec. 6. * * "Every bill shall be read at large on three 
 different days, in each house, and the bill, and all amend- 
 ments thereto, shall be printed before the vote is taken 
 on its final passage; and every bill having passed both 
 houses shall be signed by the speakers thereof." 
 
26 LEGISLATIVE EFFORT, 1872. 
 
 PRIVILEGES AND DISABILITIES. 
 
 "No person -elected to the General Assembly shall receive 
 any civil appointment within this state from the governor 
 and senate, or from the General Assembly, during the 
 term for which he shall have been elected, and all such 
 appointments, and all votes given for any such members 
 for any such office or appointment shall be void; nor shall 
 any member of the General Assembly be interested, either 
 directly or indirectly, in any contract with the state, or 
 any county thereof, authorized by any law passed during 
 the term for which he shall have been elected, or within 
 one year after the expiration thereof." 
 
 PUBLIC MONEYS AND APPROPRIATIONS. 
 
 "No money shall be drawn from the treasury except in 
 pursuance of an appropriation made by law, and on the 
 presentation of an account issued by the auditor thereon; 
 and no money shall be diverted from any appropriation 
 made for any purpose, or taken from any fund whatever, 
 either by joint or separate resolution." 
 
 "The General Assembly shall never grant or authorize 
 extra compensation, fee or allowance to any public officer, 
 agent, servant, or contractor, after service has been ren- 
 dered, or a contract made; nor authorize the payment of 
 any claim, or part thereof, hereafter created against the 
 state under any agreement or contract made without ex- 
 press authority of law; and all such unauthorized agree- 
 ments or contracts shall be null and void." 
 
 "The state shall never pay, assume or become responsible 
 for the debts or liabilities of, or in any manner give, loan 
 or extend its credit to or in aid of, any public or other cor- 
 poration, association or individual." 
 
 SPECIAL LEGISLATION PROHIBITED. 
 
 "The General Assembly shall not pass local or special 
 laws in any of the following enumerated cases, that is to 
 say: 
 
 "For granting divorces; changing the names of persons 
 or places; laying out, opening, altering and working roads 
 
LEGISLATIVE EFFORT, 1872. 27 
 
 or highways; vacating roads, town plots, streets and pub- 
 lic grounds; locating or changing county seats; regulating 
 county and township affairs; regulating the practice in 
 courts of justice; regulating the jurisdiction and duties of 
 justices of the peace, police magistrates and constables; 
 providing for changes of venue in civil and criminal 
 cases; incorporating cities, towns or villages,, or changing 
 or amending the charter of any city, town or village ; sum- 
 moning and empanneling grand or petit juries; providing 
 for the management of common schools; regulating the 
 interest on money; the opening or conducting of any elec- 
 tion, or designating the place of voting; the sale or mort- 
 gage of real estate belonging to minors or others under 
 disability; chartering or licensing ferries or toll bridges; 
 remitting fines, penalties or forfeitures; creating, increas- 
 ing or decreasing fees, percentage or allowance of public 
 officers, during the term for which said officers are elected 
 or appointed ; changing the law of descent ; granting to any 
 corporation, association or individual any special or ex- 
 clusive privilege, immunity or franchise whatever; grant- 
 ing to any corporation, association or individual the right 
 to lay <Jown railroad tracks, or amending existing char- 
 ters for such purpose." 
 
 MISCELLANEOUS. 
 
 "The General Assembly shall have no power to authorize 
 lotteries or gift enterprises for any purpose, and shall pass 
 laws to prohibit the sale of lottery or gift-enterprise tick- 
 ets in this state." 
 
 EDUCATION. 
 
 "Section 1. The General Assembly shall provide a 
 thorough and efficient system of free schools whereby all 
 the children of this state may receive a good common 
 school education. 
 
 "'Sec. 2. All lands, money or other property, donated, 
 granted or received,, for school, 'college, seminary or uni- 
 versity purposes, and the proceeds thereof, shall be faith- 
 fully applied to the objects for which such gifts or grants 
 were made. 
 
28 LEGISLATIVE EFFORT, 1872. 
 
 Sec. 3. Neither the General Assembly, nor any county, 
 city, town, township, school district or other public cor- 
 poration shall ever make any appropriation, or pay from 
 any public fund whatever, anything in aid of any church 
 or sectarian purpose, or help, support or sustain any school, 
 academy, seminary, college, university or other literary or 
 scientific institution, controlled by any church or sectarian 
 denomination whatever, nor shall any grant or donation 
 of land, money or other personal property ever be made by 
 the state or any such public corporation, to any church, or 
 for any sectarian purpose. 
 
 "Sec. 4. No teacher, state, county, township, or dis- 
 trict school officer, shall be interested in the sale, proceeds 
 or profits of any book, apparatus or furniture, used or to 
 be used in any school in this state with which such officer 
 or teacher may be connected, under such penalties as may 
 be provided by the General Assembly." 
 
 KEVENUE. 
 
 "Sec. 12. No county, city, township, school district or 
 other municipal corporation shall be allowed to become 
 indebted in any manner, or for any purpose, to an amount, 
 i including existing indebtedness, in the aggregate' exceed- 
 ing five per centum on the value of the taxable property 
 therein; to be ascertained by the last assessment for state 
 and county taxes, previous to the incurring of such indebt- 
 edness/' 
 
 COUNTY SEATS. 
 
 "No county seat shall be removed until the point to which 
 it is proposed to be removed shall be fixed in pursuance of 
 law, and a majority of the votes of the county to be ascer- 
 tained in such manner as shall be provided by general law, 
 shall have voted in favor of its removal to such point." 
 
 KAILKOADS. 
 
 "Sec. 4. Eailroads heretofore constructed or hereafter 
 to be constructed in this state, are hereby declared public 
 highways, and shall be free to all persons for the transpor- 
 tation of their persons and property thereon, under such 
 
LEGISLATIVE EFFORT, 1872. 29 
 
 regulations as may be prescribed by law. And the General 
 Assembly shall pass such laws from time to time, estab- 
 lishing reasonable maximum rates of charges for the trans- 
 poration of passengers and freight on the different rail- 
 roads in this state. 
 
 "Sec. 5. No railroad corporation shall issue any stock 
 or bonds except for money, labor or property actually re- 
 ceived and applied to the purposes for which such corpora- 
 tion was created; and all stock dividends and other ficti- 
 tious increase of the capital stock or indebtedness of any 
 such corporation shall be void. The capital stock of no 
 railroad corporation shall be increased for any purpose ex- 
 cept upon giving sixty days public notice in such manner 
 as may be provided by law. 
 
 "Sec. 6. The exercise of the power and right of emi- 
 nent domain shall never be so construed or abridged as to 
 prevent the taking by the General Assembly of the proper- 
 ty and franchises of incorporated companies already or- 
 ganized, and subjecting them to the public necessity, the 
 same as of individuals. The right of trial by jury shall 
 be held inviolate in all trials of claims for compensation., 
 when in the exercise of the said right of eminent domain 
 any incorporated company shall be interested either for 
 or against the exercise of said right. 
 
 "Sec. 7. The General Assembly shall pass laws to correct 
 abuses and prevent unjust discriminations and extortion 
 in the rates of freight and passenger tariffs on the differ- 
 ent railroads in this state, and enforce such laws by ade- 
 quate penalties, to the extent, if necessary for that pur- 
 pose, of the forfeiture of their property and franchise." 
 
 JUDICIAL. 
 
 "Sec. 10. The justices of the supreme court and district 
 judges,, shall be ineligible to any office other than a judicial 
 office, during the term for which they shall have been 
 elected, and all elections or appointments of any such 
 judges by the people, legislature, or otherwise, during such 
 period, to any office other than judicial shall be void/' 
 
30 LEGISLATIVE EFFORT, 1872. 
 
 SCHEDULE. 
 
 "Sec. 10. For the first three years after the adoption 
 of this constitution the legislature shall not levy a tax 
 for state purposes exceeding one per cent per annum on 
 the taxable property in the state." 
 
 In the large towns of the Territory much interest was 
 taken in the Statehood election and the campaign which 
 preceded it; but away from the centers of population the 
 people were apathetic. 
 
 A large meeting of the citizens of central Xew Mexico 
 was held at Albuquerque on May 12th, at which Col. J. 
 Francisco Chaves presided and Candelario Garcia, Benja- 
 min Stevens, Jose Armijo y Ortiz, Tranquilino Luna, etc.. 
 were conspicuous figures. Strong resolutions were passed 
 favoring Statehood and the following resolution was in- 
 cluded, protesting against the transfer of the strip of 
 northern Xew Mexico to Colorado which afterwards took 
 place. 
 
 "Resolved, That we will do all in our power, by all hon- 
 orable means, to defeat the alarming scheme set on foot 
 by citizens of Colorado, to annex six of our most populous 
 counties to that Territory, so as to secure her admission 
 as a State, on the plea that we are indifferent; that we are 
 impelled to his course by our pride and our independence, 
 and to prevent our people, our relations and our interests 
 from becoming separated, divided and made tributary to 
 a neighboring Territory ; and we call on the people through- 
 out the whole Territory, as they love their native soil, their 
 homes, their wives and their children, as they esteem our 
 interests, and to protect all they hold near and dear, to 
 vote for our admission into the Union, and put the seal 
 of condemnation and disapprobation on all such obnoxious 
 plans and schemes." 
 
 (New Mexican, May 14th.) 
 
 In Santa Fe a similar meeting was held on May 26th, 
 at which Antonio Ortiz y Salazar presided, and Major Jose 
 D. Sena, Thomas F. Conway, Gaspar Ortiz, Jesus Maria 
 Luna y Baca, Eben Everett, Dr. Andrews and others were 
 
LEGISLATIVE EFFORT, 1872. 31 
 
 conspicuous. Eesolutions of the same character as those 
 passed in Albuquerque were adopted, (New Mexican, May 
 28th). 
 
 The "New Mexican" -of May 29th devoted a column and 
 a half to a long article entitled "Reasons Why the People 
 Should Adopt the State Constitution" which enumerated 
 the following as among the objects to be attained by im- 
 mediate Statehood: 
 
 "'To avoid ruin, annexation to other territories, division 
 of our people, our interests, and separation of our rela- 
 tives: to sustain our pride, our independence, and our his- 
 tory, the oldest in the United States; to protect our inter- 
 ests, induce prosperity and transmit blessings we have not 
 enjoyed to our children ; to secure a proper State organiza- 
 tion and insure good and wholesome legislation adapted to 
 our wants; to have the privilege of abrogating, changing 
 or amending existing laws, that are unjust, odious and 
 oppressive, and correcting existing evils; to manage our 
 own affairs and select our own officers, in fine, to make us 
 a happy, intelligent, enterprising and prosperous people; 
 vote for the Constitution and the State." 
 
 Notwithstanding the meetings and activities of commit- 
 tees, the actual vote on election day was so small as to dis- 
 appoint those interested. There was really nothing strange 
 in this. Not specially in New Mexico, but everywhere when 
 an abstract question is to be voted upon or the personal 
 element does not enter into the campaign, the ordinary 
 vote is cut down to a comparatively small fraction of the 
 ordinary normal vote. 
 
 On the day after the election the Daily New Mexican 
 said "the election yesterday passed off very quietly, only 
 about half of the vote being polled." It was not till June 
 10th that the vote of Santa Fe County was finally an- 
 nounced, being 554 in favor of the Constitution and 346 
 against; giving a majority of 208. In the city of Santa 
 Fe the vote was 424 in favor and 77 against. 
 
 The next day there appeared in the New Mexican an 
 editorial article, evidently inspired by Gov. Griddings, which 
 gave a reason or rather an excuse for letting the whole 
 
32 LEGISLATIVE EFFORT, 1872. 
 
 subject drop. As the law was mandatory and absolutely 
 required the Governor to issue the proclamation for a 
 State election on the second Monday in July, if the June 
 vote was in favor of Statehood, this affords another ex- 
 ample of the evil results of the system under which offi- 
 cials are not responsible to the people and are too often 
 regardless of law. 
 
 The article is as follows : 
 
 "We understand that the election to vote on the Consti- 
 tution has gone substantially by default. By an error in 
 fixing the time too short in which to make returns, many 
 of the counties have made none. One county, in which 
 there is a very large population, with sixteen or seventeen 
 precincts, returned votes only for one precinct, giving all 
 for the State and not a single one against it. In a large 
 number of precincts no election was held at all, and it is 
 said this was in consequence of the general belief that 
 Congress would not admit us as a State, and therefore 
 there was no propriety in going through the farce of an 
 election for State officers, at a great expense, unless Con- 
 gress should first authorize it and show its willingness to 
 admit us. This feeling was intensified by the fact that 
 only a few days since one branch of Congress laid on the 
 table the bill heretofore introduced for the same purpose. 
 All these things combined to prevent any fair expression 
 of the sentiment of the people. And while the probability 
 now is that the votes which have been cast will show a 
 fair majority in favor of the Constitution and State, yet 
 we understand that the Governor, upon looking at the 
 whole vote cast, which will not probably exceed one-third 
 of the real vote of the Territory, does not feel authorized 
 to call an election and make the Territory a great bill of 
 expense. If a majority of the voters in the Territory had 
 voted on the question, we think the ruling would have been 
 different; but if the fact turns out to be that only one- 
 third of the voters turned out, then we question, much as 
 we favor a state organization, the propriety of calling an 
 election for State officers, even though a majority of the 
 votes cast are in favor of the Constitution." ( Xew Mexican. 
 June 11th, 1872). 
 
LEGISLATIVE EFFORT, 1872. 33 
 
 So this attempt at Statehood, which occupied the atten 
 tion of two legislatures, caused a Constitution to be pre- 
 pared, printed, approved by the legislature, and submitted 
 to the people at a special election held solely for that pur- 
 pose, died, without any good cause. 
 
 And another of the unfortunate accidents which have 
 retarded the progress of New Mexico was added to the list. 
 
 The succeeding legislature, which met in December, 
 1873, gave official voice to the public desire by passing a 
 Memorial to the U. S. Senate and House of Eepresentatives 
 strongly urging Congressional action "for the immediate 
 admission of this Territory as a State"; that being the 
 most proper and effective method of procedure, as a State- 
 hood bill was then under consideration in the national leg- 
 islature at Washington. 
 
34 CONGRESSIONAL ACTION TO 1376. 
 
 CHAPTEE VI. 
 
 COXGRESSIOXAL ACTIOX TO 1876. 
 
 Wliile these proceedings had been taken in Xew Mexico, 
 on almoat every available occasion, Congress had been no 
 less active in considering the subject. 
 
 At almost every session a bill for the admission of Xew 
 Mexico was introduced, generally reported favorably in the 
 House, and more or less considered, but without any defi- 
 nite result. 
 
 In 1869 an attempt was made, though not by Xew Mexi- 
 cans, to transform the Territory into a State called Lin- 
 coln; but this project was ultimately defeated in the Sen- 
 ate. 
 
 In the 40th Congress, Delegate J. Francisco Chaves 
 made a vigorous and eloquent speech in favor of Statehood 
 and in defense of the people against unjust criticism. 
 
 In the 43rd Congress (1873-5) the Enabling Act was 
 introduced by Hon. Stephen B. Elkins, then Delegate from 
 Xew Mexico, and now Senator from West Virginia, and on 
 the 21st of May, 1874, he delivered a carefully prepared 
 speech on the bill, which contained the best collection of 
 facts and arguments on the subject that had ever been 
 presented to Congress. He claimed 130,000 inhabitants 
 for the Territory, exclusive of Pueblo Indians, showed 
 that at least fifteen States had been admitted to the Union 
 with a smaller population, laid stress on the smallness 
 of the public debt and presented a vivid picture of her 
 great natural resources. He then took up the question of 
 the obligation on the part of the government to grant 
 Statehood to Xew Mexico arising from General Kearny's 
 pledges and the Treaty of Guadalupe Hidalgo, and closed 
 with a well-deserved tribute to the patriotism, loyalty and 
 law-abiding character of the people. 
 
 The bill passed the House by the remarkable vote of 
 160 to 54 and was sent to the Senate for concurrence. In 
 that body it was carefully considered in committee and 
 open session, and finally passed on February 24, 1875. by 
 
CONGRESSIONAL ACTION TO 1876. 35 
 
 the decisive majority of 32 to 11, with, a slight amend- 
 ment. Running parallel with it in both Houses was the 
 bill to admit Colorado,, almost identical in language, intro- 
 duced and championed by Hon. Thomas M. Patterson, 
 then Delegate from that Territory and since Senator. 
 While the vote was nearly the same for the two bills, the 
 one for New Mexico had a slight advantage in majority 
 down to the time when both passed the Senate with identic- 
 al amendments. It was then that the series of misadven- 
 tures which had accompanied all the attempts to secure 
 'New Mexican Statehood from the beginning, culminated 
 in the incident which has become historic as the "Elkins 
 handshake," and again dashed the cup of success from 
 the very lips of the people of the Territory. 
 
 THE ELKINS' HANDSHAKE. 
 
 This incident has been narrated scores of times in slight- 
 ly varying form, not 'only as an interesting item of current 
 history but a remarkable illustration of the way in which 
 insignificant and unintentional acts, sometimes change 
 the course of very important events. The story may be 
 briefly told as follows: Mr. Elkins was possessed of a most 
 cordial manner, an ever-present expansive smile, and a 
 warmth of greeting, which were among the causes of his 
 personal popularity, and which advancing age and sena- 
 torial dignity have not yet obliterated. This charm or 
 manner had made many friends even among political op- 
 ponents, and among those whose support for the New 
 Mexico Statehood Bill he had thus secured on its passage 
 by the House, were a considerable number of Representa- 
 tives from Georgia and Alabama. When the bill was re- 
 turned to the House, after passing the Senate with amend- 
 ments on February 24th, but ten days of the session re- 
 mained, and the difficulty was not to secure concurrence in 
 the Senate amendments, which were unobjectionable, but to 
 get the bill before the House for action within this brief 
 and busy time. To suspend the rules required a two-thirds 
 vote, and this was necessary if the bill was to be considered 
 at all. 
 
 Just at this time, Hon. Julius C. Burroughs, of Michi- 
 
36 CONGRESSIONAL ACTION TO 1876. 
 
 gan, made a powerful speech on political subjects, in which 
 he characterized the Rebellion and those engaged in it in 
 plain terms, what at that period, on account of its allu- 
 sions to the War, was called a "bloody shirt 7 ' speech. Mr. 
 Elkins, who Jhad been conversing with friends in the lobby, 
 had not heard a word of the speech, but happened to re- 
 enter the Chamber just as Mr. Burroughs had concluded 
 and was receiving the congratulations of a crowd of mem- 
 bers about him. Filled with his spirit of cordiality, Mr 
 Elkins joined the group and shook hands with the speaker 
 with characteristic vigor. This was observed by a number 
 of southern members, whose feelings had been much ex- 
 cited by the speech, and they instantly concluded that 
 they would lend no aid to the passage of the Xew Mexico 
 bill which it was understood would bring Mr. Elkins speed- 
 ily to the Senate. The Delegate himself was entirely 
 ignorant of any change in their views or of having done 
 anything to arouse their opposition, until George Q. Can- 
 non, Delegate from Utah, learned the facts and informed 
 him. He did what he could in the brief interval to repair 
 the damage, but a sufficient number of former supporters, 
 from Georgia and Alabama, refused to be placated, to make 
 it impossible to obtain the two-thirds vote necessary; and 
 so the Enabling Act was lost for lack of opportunity to 
 obtain concurrence by the House in the Senate amend- 
 ments. More than thirty-five years have passed since that 
 day and New Mexico still remains a Territory on account 
 of that impulsive and unconsidered handshake. 
 
CONGRESSIONAL ACTION 1876 TO 1895. 37 
 
 CHAPTER VII. 
 
 CONGRESSIONAL ACTION 1876 TO 1895. 
 
 In the succeeding Congress (the 44th) Mr, Elkins again 
 secured the introduction of the Enabling Act for New 
 Mexico, and it passed the Senate, during its first session, 
 on March 10th, 1876, by the strong vote of 35 to 15. In 
 the House of Representatives, it was reported favorably 
 "by the Committee on Territories, and was on the calendar, 
 awaiting action at the time of the final adjournment. 
 
 After these virtual defeats, although in no case was 
 there an actual vote adverse to New Mexico, and the re- 
 tirement of Mr. Elkins as Delegate, no active efforts look- 
 ing to Statehood' were made for several years. The ap- 
 proach of the railroad, and its actual arrival in 1879; fol- 
 lowed by the influx of a new population, the establish- 
 ment of new towns, and the general mining excitement 
 which extended over the entire Territory in the early '80s, 
 seem to have occupied the thought and attention of the 
 people ; and during the Congressional terms of Trinidad 
 Romero, Mariano S. Otero, Tranquilino Luna and F. A. 
 Manzanares, and the earlier years of Antonio Joseph, no 
 effective efforts were made in Washington looking to the 
 admission of New Mexico to the Union. During most 
 of this period, Dakota, with its rapidly increasing popula- 
 tion, was vainly endeavoring to secure Statehood, and be 
 ing most unjustly excluded for political reasons; and i\ 
 was obviously impossible for any less populous Territory 
 to be admitted until her urgent application was heeded. 
 
 Early in the first session of the 50th Congress, which 
 met in December, 1887, a bill was introdudted "To provide 
 for the formation and admission into the Union of the 
 States of Washington, Dakota, Montana and New Mexico", 
 designated as H. R. 4431. 
 
 Previous to this, separate bills had been introduced foi 
 the admission of Dakota and (H. R. 1276), Montana (H. 
 R. 1955), and Washington, (H. R. 4430). The commit- 
 tee on territories, to which they were all referred, reported 
 
38 CONGRESSIONAL, ACTION 1876 TO 1895. 
 
 on March 13, 1888, House Bill Xo. 8466, a substitute for 
 the entire four bills, entitled "A Bill to Enable the Peo- 
 ple of Dakota, Montana, Washington and New Mexico to 
 Form Constitutions and State Governments and to be 
 Admitted into the Union on an Equal Footing with the 
 Original States.'' 
 
 With regard to Xew Mexico it contained one peculiar 
 section which reads as follows : 
 
 Sec. 20. That the constitutional convention to assemble 
 in the Territory of Xew Mexico, as hereinbefore provided, 
 shall submit to the people as a separate proposition to be 
 voted upon at the same time that the vote upon the con- 
 stitution is taken, the question of changing the name of 
 the State from that of the State of Xew Mexico to that 
 of the State of Montezuma, and if a majority of voters 
 shall be in the affirmative, the name of the State shall, 
 upon its admission, be Montezuma; and all the powers, 
 rights, privileges, grants, and obligations pertaining under 
 this act to the State of Xew Mexico shall attach to, be 
 vested in, and imposed upon the State of Montezuma." 
 
 The entire elimination of Xew Mexico from the bill 
 before its final passage, of course deprived this section of 
 any practical importance, but it is interesting as a matter 
 of history. 
 
 Accompanying this bill was a very voluminous report, 
 or series of reports, covering 145 pages and containing 
 much information and many contradictory opinions re- 
 garding the four territories affected by it. This is known 
 as Eeport Xo. 1025, 50th Congress, 1st Session. The 
 majority report was made by Mr. Springer, chairman of 
 the committee, and considers the case of each of the terri- 
 tories in turn, % the principal portion being devoted to Da- 
 kota and an argument in favor of its admission as one 
 State instead of two. It excuses the outrageous conduct 
 of Congress in not admitting Dakota, with its great popu- 
 laion, years before, by laying the blame on the people of 
 that Territory, who were insisting that the interests of the 
 two sections of Dakota were so diverse, that it should be 
 divided into two States, by a line running east and west 
 
CONGRESSIONAL ACTION 1876 TO 1895. 39 
 
 through its center, much as was ultimately done by the 
 creation of North and South Dakota. 
 
 The report estimates the population of the four terri* 
 tories as follows : 
 
 Dakota. 568,000 
 
 Montana 175,000 
 
 Washington 160,000 
 
 New Mexico 150,000 
 
 The portion of the report devoted to New Mexico gives 
 a brief history of its previous attempts to be admitted to 
 the Union; refers to its great resources and the marked 
 progress in its actual industries; quotes the memorial of 
 the Legislature asking for Statehood; and in proof of the 
 present desire of the people, cites the recent expressions 
 of opinion published in the "New Mexican." That news- 
 paper shortly before, in order to ascertain public opinion 
 on the subject, had addressed circular letters to a large 
 number of leading citizens asking for their views as to 
 Statehood. Eeplies were received from 122 persons, who 
 represented every county in the Territory. Of these 91 
 were in favor of, and 31 against, immediate admission. Of 
 the 91 in favor, 41 were republicans, 33 democrats and 17 
 of unknown politics. Of the 31 opposed, 11 were demo- 
 crats, 10 republicans, 6 of no particular politics, and 4 
 who called themselves independent. So that the division 
 was not at all along party lines. A classification by kinds 
 of business also failed to develop unanimous approval or 
 opposition in any particular avocation,, although the law- 
 yers consulted were nearly all in favor of Statehood. It 
 is to be remembered that no bill relating to New Mexico 
 had been referred to the committee, and the inclusion of 
 that Territory in the bill was an act of justice and grace 
 on the part of the committee, largely attributed to Mr. 
 Springer, who was well acqualned with the country and 
 its people. 
 
 The minority report, presented by Mr. Struble of Iowa, 
 attracted much attention, and aroused great indignation 
 in New Mexico, on account of its violent opposition to our 
 admission to Statehood, and the bitter attack on the Ter- 
 
40 CONGRESSIONAL ACTION 1876 TO 1895. 
 
 ritory and its people. It insisted that Dakota should be 
 divided into two States and adduced excellent reasons 
 therefor ; agreed with the majority in recommending Mon- 
 tana and Washington; and reserved all of its criticism for 
 Xew Mexico. It calls the action of the committee in rec- 
 ommending Statehood, a "surprising and unjustifiable 
 attempt/' especially as "neither the Delegate, nor Gover- 
 nor Boss, who was in Washington during most of the ses- 
 sion, has urged any action by Congress/' 
 
 It then quotes from a number of supposed "authorities", 
 the quotations always being of an unfavorable nature. 
 Thus it makes this extraordinary historical discovery from 
 Gaskell's Atlas, relating to Santa Fe, ""The Spaniards 
 found this a populous town in 1542. Its history is one 
 long continued strife between the cruel and hated Span- 
 iards and the native Pueblos/' Considering that no Span- 
 iard was there in 1542, nor for 60 years afterwards, and 
 that there has been no Pueblo trouble for over 200 years, 
 the value of that extract is easily estimated. 
 
 Then ii quotes from one McCabe, who said of the same 
 city: "It is wretchedly built. The houses are constructed 
 of adobe and are one story in height. The inhabitants, 
 with the exception of a few Americans residing in the 
 place, are ignorant and degraded. The place bears an evil 
 reputation as one of the most reckless and miserable towns 
 on the globe." 
 
 Then follows a long extract from "El Gringo.*' which 
 was written more than thirty years before, under entirely 
 different conditions: and a quotation from Prof. Bliss, 
 principally concerning the Penitentes. 
 
 These are followed by an unfavorable view of education 
 in the Territory, and extracts from the reports of Govern- 
 ors Wallace and Sheldon reflecting on the primitive style 
 of agriculture employed and from the last report of Gov. 
 Eoss severely criticising the methods of legislation and de- 
 nouncing- the "viciousness of the schemes of personal 
 hatred and of plunder that characterized nearly every one 
 of the" sixty days of the life of the last session." The whole 
 is supplemented by the question "'is it not apparent that 
 
CONGRESSIONAL ACTION 1876 TO 1895. 41 
 
 the people of New Mexico are not yet prepared for intelli- 
 gent, honest and capable management of State govern- 
 ment ?" 
 
 The subject was discussed at length, both in and out of 
 Congress, and the result was the elimination of New Mex- 
 ico and the admission of the two Dakotas ' as separate 
 States, of Washington and Montana. 
 
 As New Mexico was dropped from the Omnibus Bill 
 in which it had originally been included, a separate Act 
 became necessary, and, on Feb. 15, 1889, near the end of 
 the 50th Congress, Hon. Antonio Joseph, Delegate from 
 New Mexico, introduced House Bill No. 12,592, an Enab- 
 ling Act for the Territory of New Mexico alone, entitled: 
 "A bill to enable the people of New Mexico to form a con- 
 stitution and State government and to be admitted into 
 the Union on an equal footing with the original States/ 7 
 which was referred to the Committee on Territories of the 
 House and the next day reported and committed to the 
 Committee of the Whole House on the State of the Union, 
 and ordered printed. Of course it was then too late in the 
 session for any hope of successful action; but it kept the 
 subject officially before Congress, and showed the con- 
 tinued desire of the Territory for admission. 
 
 This bill contained the following peculiar provision, 
 which was probably an attempt to introduce the name of 
 "Montezuma" by indirection, so that it would not meet 
 with opposition in Congress, but could be arranged by 
 argument and influence in the convention. Whoever was 
 behind the movement entirely misunderstood the prevail- 
 ing sentiment in New Mexico, or underrated its strength, 
 as is more fully shown elsewhere. 
 
 "Sec. 21. That the constitutional convention to assem- 
 ble in the Territory of New Mexico, as hereinbefore pro- 
 vided, shall submit to the people, as a separate proposition, 
 to be voted upon at the same time that the vote upon the 
 Constitution is taken, the question of changing the name 
 of the State from that of the State of New Mexico to that 
 name for the proposed State which said convention may 
 select and indicate, and if a majority of voters shall be in 
 
42 CONGRESSIONAL ACTION 1876 TO 1895. 
 
 the affirmative the name of the State shall, upon its ad- 
 mission, be changed accordingly; and- all the powers, 
 rights, privileges,, grants, and obligations pertaining under 
 this Act to the State of New Mexico shall attach to. be 
 vested in, and imposed upon the State by the name thus 
 selected and adopted." 
 
 The report on this bill made by Mr. Springer on behalf 
 of the committee, on Feb. 16th, 1889, (Eeport No. 4090 r 
 50th Congress, 2nd Session), contains the same argument 
 in favof of the admission of New Mexico that was in the 
 majority report on the Omnibus Bill previously referred 
 to; and in addition a large amount of matter showing the 
 recent educational progress of New Mexico, and an inter- 
 esting statement by Maj. Powell as to the enormous area 
 of land which can be added to the agricultural area of the 
 territory by storage reservoirs and irrigation. 
 
 At the beginning of the next session of Congress, in the 
 succeeding December, 1889, this being the first session 
 of the 51st Congress, of which Hon. Antonio Joseph was 
 again a member from New Mexico, enjoying his third 
 term of service, Mr. Joseph, on December 18, 1889, in- 
 troduced House Bill No. 968 which was practically the 
 same as his bill of Feb. 15, 1889, but omitted section 21 
 of the latter which had directed the constitutional conven- 
 tion to submit to the people, as a separate proposition, a 
 new name for the proposed State, to be selected by the 
 convention. 
 
 In order to take advantage of any opportunity that 
 might be presented for the passage of this bill in the Sen- 
 ate, if that should be possible before action in the House, 
 Senator Wolcott of Colorado, introduced in the Senate, on 
 Feb. 4, 1890, the same bill, which was designated "S. 
 2M6," and referred to the Committee on Territories. 
 
 In the meantime on the 6th day of January, 1890, Mr. 
 Springer, of Illinois, introduced a* bill (H. K. 3830) "To 
 enable the people of Arizona, Idaho. Xew Mexico and 
 Wyoming, to form constitutions and State governments 
 and to be admitte into the Union/' etc. This embodied the 
 usual provisions, together with an original one, which has 
 
CONGRESSIONAL ACTION 1876 TO 1895. 43 
 
 subsequently found a place in succeeding bills and forms 
 part of the Act of 1910; being the section which authorizes 
 the re-convening of the Constitutional Convention and the 
 forming and submission of a second Constitution., in case 
 the first one framed shall be rejected by the people. 
 
 In this case., again., the Southwest was neglected and the 
 Northwest was favored; for before the passage of the bill, 
 Arizona and New Mexico, though by far the oldest of the 
 four territories named, and New Mexico being also the 
 most populous, were eliminated from it. They were thus 
 left in the territorial condition, while Idaho and Wyom- 
 ing, with a combined population less than that of New 
 Mexico alone, were admitted. 
 
 On April 3rd, 1890, Mr. Joseph took advantage of the 
 consideration of the bill for the admission of Idaho, to 
 make a speech relative to Statehood for New Mexico. He 
 drew attention to the fact that the House had just passed 
 the bill for the admission of Wyoming and was about to 
 do the same for Idaho, and he proceeded to demonstrate 
 that New Mexico had far better claims to Statehood than 
 either of those territories. He urged the passage of thf* 
 Enabling Act introduced by him early in the Session, 
 but he opposed admission under the Constitution framed 
 by the Constitutional Convention of 1389, on account of 
 the partisan character of the convention. This evidence 
 of a divided sentiment among the people, and that details 
 and incidental matters were by some considered more im- 
 portant than the attainment of self-government itself,, 
 naturally weakened the cause of Statehood in the House 
 rather than gave it strength. 
 
 In the 52nd Congress (1891-3), Mr. Joseph again intro- 
 duced an Enabling Act, known as House Bill 7136. He 
 succeeded in securing a favorable report from the Commit- 
 tee on Territories, and by courtesy was appointed to make 
 the report himself, which he did on March 16, 1892. It 
 contained 45 pages, closely printed, and appeared as Ke- 
 port No. 736, 52nd Cong., 1st Sess, The bill provided 
 for an election, on the usual election day in November, 
 1892, of 75 delegates to form a Constitutional Convention; 
 
44 CONGRESSIONAL ACTION 1876 TO 1895. 
 
 .and that the convention should assemble on the first Mon- 
 day in December. It contained liberal donations of land 
 for various purposes. 
 
 The report, besides the usual statements of area, popu- 
 lalioii. etc.. divw attention to the large expenditures al- 
 ready made by the Territory for public buildings, amount- 
 ing to $600,000, and to the passage on March 3rd, 1891, 
 of the Act to Establish a Court of Private Land Claims, 
 which was expected to clear up all the unsettled titles of 
 land grants in the Territory. It embodied the whole of 
 the pamphlet issued by the Bureau of Immigration called 
 "Xew Mexico the Coming Country," which contained a 
 very full description of the resources and progress of New 
 Mexico; and also the entire report of the hearing by the 
 House Committee on Territories, on April 30, 1890, of 
 the Committee of Fifty headed by Gov. Prince, elsewhere 
 referred to; as well as the latest report of the Territorial 
 Superintendent of Public Instruction. These constituted 
 :;i very full and important document, which bore witness 
 in all its parts to the worthiness of the Territory and peo- 
 ple to be accorded the right of self government. But like 
 all the preceding attempts, nothing practical resulted in 
 that Congress, although considerable progress was made. 
 
 The bill passed the House on June 6th and reached .the 
 Senate June 8th, 1892, and there Senator Carey of Wyom- 
 ing, who had had a long experience in a Territory, before 
 Statehood brought to him the Senatorial toga, took charge 
 of it. It was somewhat amended in the Senate Committee 
 on Territories, he material alterations being a change in 
 the dates of the election, convention, etc., making them 
 dependent on the time of the passage of the bill; appor- 
 tioning the delegates directly to the respective counties; 
 somewhat reducing the land appropriations; and changing 
 the provision with regard to the language of the public 
 schools, from "in all of which schools- the English lan- 
 guage shall be taught" to "the said schools shall always 
 be conducted in English." It was then reported to the 
 Senate, favorably, on July 21, 1892 (Eeport No. 1023). 
 
 At the second Session of the 52nd Congress, Senator 
 
CONGRESSIONAL ACTION 1876 TO 1895. 4E> 
 
 Carey introduced in the committee on Jan. 28, 1893, twa 
 proposed amendments to this bill, intended to meet the 
 cases of the other territories that were anxious for State- 
 hood, and apparently arranged so as to attract the largest 
 possible vote to the original measure, and to bring about 
 the admission of as many territories as Congress should 
 be willing to favor at that time. 
 
 Amendment No. 1 provided for the formation of four 
 new States, New Mexico, Utah, Arizona and Oklahoma;, 
 the latter to include the Indian Territory. 
 
 Amendment No. 2 provided for the formation of three 
 new States, New Mexico, Utah, and Oklahoma; being simi- 
 lar to No. 1, except the omission of Arizona. 
 
 That was within three weeks of the end of the Congress, 
 and as might have been expected, no definite action was 
 taken on these amendments, although Senator Carey made 
 a very strong effort to have the bill amended about the- 
 middle of February, but was unable to obtain the two- 
 third vote necessary; and thus nothing tangible was accom- 
 plished for the cause of Statehood in New Mexico. 
 
 In the 53rd Congress, Hon. Antonio Joseph was again, 
 a delegate from New Mexico, and introduced a Statehood 
 bill at the earliest possible opportunity of the first session. 
 It was known as House Bill No. 353, "An Act to Enable 
 the People of New Mexico to Form a Constitution and 
 State Government," etc. The title by this time had be- 
 come almost stereotyped. It was very similar in its pro- 
 visions to the previous bill, providing for a convention of" 
 75 delegates, who were apportioned among the counties in 
 the bill; the election to be in November, 1894, and the 
 convention to commence in December. One special fea- 
 ture was an appropriation of 500,000 acres of land for the 
 establishment of permanent water reservoirs for irrigation 
 purposes. 
 
 This bill passed the House on the 28th of June, 1894, 
 and was received in the Senate June 29th and referred to- 
 the Committee on Territories. 
 
 On August 3, 1894, Senator Blackburn, of Kentucky, 
 reported the bill favorably, with a few amendments. These- 
 
46 CONGRESSIONAL ACTION 1876 'TO 1895. 
 
 changed the dates, as the original ones had proved to be 
 too early, but did not alter the general tenor of the bill. 
 As usual, the second session proved too short for action 
 on the bill, and so it suffered the fate of its predecessors. 
 
 A little incident of hitherto unwritten history may be 
 narrated here, because it presents another illustration of 
 the chapter of accidents which have accompanied the 
 "Struggle for Statehood 77 from the beginning and unex- 
 pectedly brought disappointment and failure on so many 
 occasions. 
 
 On the very first day when bills could be introduced, the 
 Enabling Acts for New Mexico and Utah were presented, 
 the former by Mr. Joseph and the latter by the delegate 
 from the Mormon Territory. Both were repetitions of 
 old measures and were almost immediately reported from 
 the committee; the New Mexico bill being just in advance 
 of the one relating to Utah. Each delegate was anxiously 
 awaiting the time when the bills should be reached on the 
 Calendar and taken up for action, as they were determined 
 to have them passed and sent to the Senate as early as 
 possible. It was not supposed that they could be reached 
 for action before the usual holiday recess. Just at this 
 time, about the middle of December, Mr. Joseph suffered 
 from a malarial attack, and believed that a few days at his 
 home would dispel the trouble and bring him to good fight- 
 ing condition for the expected contest. He consulted sev- 
 eral leading members of the House, and they all concurred 
 in the belief that there was no chance of reaching the bills 
 before the recess, and consequently no danger incurred 
 by absence at that time. So Mr. Joseph started for the 
 salubrious climate of Xew Mexico in order to recuperate 
 in the interval. 
 
 But it happened that Congress just then had one of its 
 periodical fits of special industry. A serious attempt was 
 made to omit the recess altogether and that was only de- 
 feated by postponing the recess until the day before Christ- 
 mas and agreeing to work assiduously in the meantime. 
 Tims the business was expedited far beyond all calcula- 
 tions, and just before the holidays the two Statehood bills 
 
CONGRESSIONAL ACTION 1876 TO 1895. 47 
 
 were unexpectedly reached. The New Mexico one was 
 first called, but as the delegate was not present to ask for 
 its consideration, it lost its opportunity. The Utah bill 
 was announced, and its sponsor succeeded in having it 
 passed by the House then and there; and when Congress 
 re-convened after the holidays it was in the Senate ready 
 for reference. Sometime after, the New Mexico bill was 
 again reached in the House and was passed with little diffi- 
 culty. In fact, it had always been sure of more votes than 
 the one for the admission of Utah, against which there 
 was considerable prejudice and opposition on account of 
 Mormonism. But the delay in time caused the difference 
 in their fate. 
 
 The Utah bill was passed and became a law, under which 
 a Constitutional Convention was held and the State ad- 
 mitted. 
 
 The New Mexico bill, though strongly advocated, never 
 reached the point of being voted upon in the Senate. 
 
 No fault is attributed to Mr. Joseph, who was an earnest 
 advocate of the bill and anxious for its success, and who 
 had every reason to believe that his short absence would 
 be harmless ; but this adds another to the series of mishaps 
 which have become proverbial. 
 
48 CONSTITUTION OF 189Q. 
 
 CHAPTER VIII. 
 
 CONSTITUTION OF 1890. 
 
 While Congress was discussing in the Committee on Ter- 
 ritories of the House the Enabling Act (House Bill 12,- 
 592), introduced by Mr. Joseph, and just before Hon, W. 
 I?. Springer, of Illinois, the chairman of the committee, 
 made his favorable report thereon, the people of Xew 
 Mexico determined to take the matter into their own 
 hands and initiate the necessary proceedings for admission 
 to the Union. 
 
 In February-, 1889, Hon. George W. Prichard of San 
 Miguel County, introduced in the Council "An Act to 
 Provide for a Constitutional Convention and the Forma- 
 tion of a State Constitution." 
 
 After various recitals by way of preamble, among which 
 was the following emphatic one, 
 
 "Whereas, a territorial system of government is the 
 most unsatisfactory that can be devised, being a govern- 
 ment without stability, is temporary and uncertain in its 
 character, possesses no sovereign powers, and fails to meet 
 the requirements of the people," the bill provided for a 
 delegate convention to be held in September, 1889, for 
 the purpose of framing a Constitution. The convention 
 was to be composed of 73 delegates, who were apportioned 
 by the bill among the various counties, and were to be 
 chosen at an election on the first Tuesday in August. It 
 was to frame a constitution and provide for a special elec- 
 tion at which such constitution should be submitted to the 
 people for ratification. This bill was passed by both Houses, 
 but the Governor failed to approve it, as he considered 
 the apportionment objectionable; but he did not veto it. 
 and it became a law by limitation, Feb. .28, 1889. 
 
 From the beginning, the Democratic leaders expressed 
 dissatisfaction with the apportionment, which they assert- 
 ed gave too much representation to republican counties; 
 and perhaps there was some merit in their objection. They 
 claimed to be favorable to Statehood and simply opposed 
 
CONSTITUTION OF 1890. 49 
 
 to an unfair inequality. There was much talk of making 
 some equitable arrangement whereby the parties' strength 
 would be more equally balanced in the convention, and this 
 resulted in calling the two party territorial committees to 
 meet on the same day at Santa Fe. The most earnest 
 Statehood men on both sides were anxious for some ar- 
 rangement which would ensure the support of both parties 
 for the Constitution. 
 
 The two committees met on June 12th, 1889, the at- 
 tendance on both sides being good and composed of leading 
 citizens. The republican committee took the lead by pass- 
 ing the following resolution: 
 
 "Whereas, the important question now before the people 
 is the attainment of Statehood, and the result of the pres- 
 ent efforts depends largely on the character of the conven- 
 tion and Constitution, and also on the united action of all 
 good citizens without regard to party or other differences, 
 therefore, 
 
 "Resolved, That the Eepublican Territorial Committee 
 appoint a conference committee of three members to re- 
 quest the appointment by the Democratic Territorial Com- 
 mittee of a similar commitee, to confer as to the best 
 method of electing the most eminent and best qualified 
 citizens as members of the Constitutional Convention and 
 interesting all men of patriotism and progress in the ef- 
 fort for Statehood;" and appointed as its committee Hon. 
 L. B. Prince, Hon. M. S. Otero and Col. G. W. Prichard. 
 
 The Democratic committee accepted the invitation, and 
 appointed Hon. F. A. Manzanares, C. H. Gildersleeve and 
 W. B. Childers as their representatives. It was conceded 
 without question that the Republican majority under the 
 apportionment would be about 27, and that thta was more 
 than it should equitably be. At the conference, after a 
 friendly discussion, the Republicans consented to accept 
 a majority of seven. The Democrats offered to concede 
 three. The Republicans objected that three was too small 
 a margin, as sickness or absence might destroy the majority. 
 Apparently a compromise, giving five majority, was on 
 the point of being arranged, when one of the Democratic 
 
50 CONSTITUTION OF 1890. 
 
 conferees suddenly destroyed all hope of agreement by ex- 
 c] aiming excitedly "Our friends in Congress will never be 
 satisfied unless we have half the convention." He seemed 
 suddenly possessed by this idea; and so the conference 
 failed. These particulars are narrated in order to show 
 what a small matter again intervened to cause long delay 
 in the struggle for statehood. But for the sudden impetu- 
 osity of one man., followed by the persistent opposition of 
 one other, the constitution of 1890 would surely have been 
 adopted, and Xew Mexico admitted to the Union twenty 
 years ago. 
 
 The plan for co-operation having failed, but one course 
 remained open and the Eepublicans called county conven- 
 tions to nominate candidates. At the same time the Ter- 
 ritorial Committee expressed its regret at the failure, and 
 as late as June 24th, Mr. W. W. Griffin, chairman of the 
 committee, made a new effort for an arrangement, while 
 the "Xew Mexican" vigorously advocated any fair adjust- 
 ment of the differences. 
 
 The Democrats, as a rule, under peremptory orders from 
 Mr. Childers, chairman of their committee, refused to 
 nominate candidates or participate in the election. A very 
 few men of sufficient influence or independence to disre- 
 gard the commands of the party leaders, united with *the 
 Eepublicans in the campaign; Hon. L. S. Trimble, long 
 a member of Congress from Kentucky, being the most 
 conspicuous example. He was among the delegates subse- 
 quently elected from Bernalillo county. 
 
 On June 24th the Governor issued the usual proclama- 
 tion of election, the time for holding which was Tuesday, 
 Aug. 6th; but the Democratic Board of County Commis- 
 sioners of Lincoln County endeavored to nullify the law by 
 inaction, so far as their county was concerned, and nearly 
 succeeded in doing so. Legal proceedings having failed, fin- 
 ally, on August 3rd, the Governor issued the following 
 proclamation addressed to the voters of Lincoln Count}', 
 which recited the facts and called on the people to exercise 
 their rights. 
 
CONSTITUTION OF 1890. 51 
 
 "To the Legal Voters of Lincoln County: 
 
 The legislature of New Mexico, by Chap. 99, of the 
 Laws of 1899, provided that an election should be held on 
 Tuesday, August 6th, 1899, for the choice of delegates to 
 a Constitutional Convention to be held in September of 
 this year. By said Act the County Commissioners of the 
 several counties are required to issue notices of election 
 and do all other things necessary in the premises. 
 
 The County Commissioners of Lincoln County neglected 
 and refused to perform their duties under said Act and 
 thereupon the Court issued a peremptory writ of man- 
 damus commanding said commissioners to meet and per- 
 form the duties required of them by law. 
 
 Information has been received that two of said commis- 
 sioners absented themselves from said county and so es- 
 caped service of said writ, and still neglect and refuse 
 to perform their duties, .and that, therefore, no judges of 
 election have yet been appointed for the several precincts 
 of Lincoln County. 
 
 Now, therefore, I, L. Bradford Prince, Governor of 
 New Mexico, do proclaim and make known : 
 
 1. That the right of the qualified citizens of New Mexi- 
 co to vote at a territorial election cannot be destroyed by 
 any illegal action or neglect of an officer in regard to such 
 election. 
 
 2. That in accordance with law, an election will be 
 held in the several precincts of Lincoln County on Tues- 
 day, the sixth day of August, 1889. 
 
 3. That in pursuance of Sec. 1136 of the Compiled 
 Laws of 1884, a majority of the qualified voters in each, 
 precinct have power to appoint judges who shall conduct 
 said election in the same manner and to the same effect 
 as if they had been appointed by the County Commission- 
 ers as provided by law. 
 
 I therefore recommend that the legal voters in each pre- 
 cinct assemble at the usual place of voting therein, at nine 
 o'clock, on the morning of August 6th, or as soon there- 
 after as practicable, and that those so assembled then and 
 there appoint judges as aforesaid. 
 
52 CONSTITUTION OF 1890. 
 
 And I advise the people of the respective precincts, if 
 there shall be time for such action, to apply to the Pro- 
 bate Clerk for poll books and ballot boxes; and in cases 
 in which they cannot be procured to provide suitable books 
 and boxes, and in all things to conduct said election as 
 nearly as practicable in conformity with the forms of law. 
 And as a matter of precaution I recommend that dupli- 
 cate records of said election be sent direct to the Secretary 
 of the Territory at Santa Fe. 
 Dated August 3, 1889. 
 
 L. BEADFOED PEINCE, 
 
 Governor of New Mexico. 
 By the Governor : B. M. Thomas, 
 
 Secretary of the Territory." 
 
 Under this proclamation three of the most efficient dele- 
 gates to the convention, Messrs. Terrell, Eddy and Heman, 
 were elected. 
 
 The names of the members of the convention were as 
 follows: Bernalillo County: E. S. Stovr, Alejandro San- 
 doval, E. Haberland, W. C. Hazledine, L. S. Trimble, 
 Marcos C. de Baca, Bernard S. Eodey, Mariano S. Otero, 
 Pedro Perea, Perfecto Armijo. 
 
 Colfax : A. C. Voorhees, Nestor Martinez, Cristobal San- 
 chez, E. W. Fox. 
 
 Dona Ana : A. J. Fountain, W. L. Eynerson, Martin Loh- 
 man. 
 
 Grant: John D. Bail, Warren Bristol, E. P. Hart. 
 
 Lincoln: S. S. Terrell, C. B. Eddy, T. W. Heman. 
 
 Mora: Severino Trujillo, C. W. Wildenstein, Matea 
 Lujan, Trinidad Eomero. 
 
 Eio Arriba : J. M. C. Chavez, Jose Y. Esquibel, W. F. 
 Burns, E. K. Caldwell, Pedro Y. Jaramillo, W. D. Lee. 
 
 Santa Fe: Nicolas Pino, P. L. VanderVeer, Aniceto 
 Abeytia, J. D. Sena, T. B. Catron, F. W. Clancy. 
 
 Sierra: E. M. White, Nicholas Galles. 
 
 San Miguel: Pascual Baca, E. C. Winters, Manuel C. 
 de Baca, E. F. Hobart, John G. Clancy, Jefferson Bay- 
 nolds, Edward Henry, Leandro Sanchez, Eomulo Ulibarri. 
 G. W. Prichard, W. H. Shupp, Frank Springer. 
 
CONSTITUTION OF 1890. 53 
 
 San Juan: L. K. S. Paulin, David E. Lobato. 
 
 Socorro : Jacinto Sanchez, J. A. Whitmore, William E. 
 Kelley, Jose Baca y Sedillo, Demetrio Perez, W. G. Kitch. 
 
 Taos : Antonio Martinez., Juan Martin, Antonio Roibal, 
 Juan Trujillo, Francisco Duran, Manuel Chacon. 
 
 Valencia : Desiderio Sandoval, E. A. Dow, Patrocinio 
 Luna, Juan Jose Benavides, Silvestre Mirabal. 
 
 It met on September 3rd, 1889, elected J. Francisco 
 Chaves as president and Ira M. Bond as secretary, and 
 continued in session till September 21. The constitution 
 was then printed in both English and Spanish and circu- 
 lated widely throughout the Territory. 
 
 After an adjournment of nearly an entire year the con- 
 vention re-assembled on August 18, 1890, and continued in 
 session on that and the succeeding day, making a few 
 amendments which had been suggested during the year, 
 and providing for the submission of the Constitution to 
 a vote of the people on October 7, 1890. It then adjourned 
 sine die. 
 
 Under the direction of the officers of the convention a 
 new edition of the proposed Constitution, as amended, was 
 published in both of the languages current in the Terri- 
 tory, accompanied by a manifesto to the people setting 
 forth the reasons for its adoption. 
 
 Between the adjournment of the convention and the time 
 of the election a vigorous campaign was conducted all over 
 the Territory. A Democratic convention, held at Silver 
 City, declared /against the Constitution and advised its 
 adherents to oppose it, principally on four grounds: 
 
 1. That the appellate judges are to be appointed. 
 
 2. That the Governor is suspended during impeach- 
 ment. 
 
 3. That the State tax is limited to one per cent. 
 
 4. That the apportionment is unjust. 
 
 This was followed up by a circular on the same general 
 subjects signed by W. B. Childers, chairman, and Felix 
 M.artinez, secretary of the Democratic Territorial Com- 
 mittee. 
 
 The Republican Territorial Committee promptly 're- 
 
54 CONSTITUTION OF 189Q. 
 
 sponded with a circular answering the objections and end- 
 ing with this exhortation : "In conclusion we beg of you, 
 people of .New Mexico, to give no heed to the lying mis- 
 representations of the enemies of progress. Eead the 
 Constitution for yourselves and consider whether any con- 
 stitution ever framed could escape with less of criticism if it 
 were subjected for more than a year to the careful examina- 
 tion of enemies. For the fact is not to be lost sight of, that 
 the men who are active in their opposition are the same 
 who were unfriendly before the convention met; who re- 
 fused to participate in the election of delegates; who pre- 
 dicted that a quorum of the convention would never assem- 
 ble ; who attempted to cast ridicule on the proceedings of the 
 convention while its sessions continued; who, in short, 
 pre- judged everything., and in advance pledged themselves 
 to fight against whatever might be the result of the labors 
 of the convention/' This was signed by S. B. Axtell, 
 chairman, and L. A. Hughes, secretary of the committee. 
 
 Meetings were held in all parts of the Territory, Gov. 
 Axtell, Col. J. F. Chaves, Gov. Stover, Judge Trimble, 
 Maj. Sena, Hon. T. B. Catron, Hon. A. L. Morrison, Col. 
 H. L. Pickett, Col. Eynerson, Hon. M. S. Otero/E. E, 
 T \vitchell, E A. Fiske, J. H. Ivnaebel and others speaking 
 in f^.vor of the Constitution, and, W. B. Childers, H. B. 
 Fergusson, Felix Martinez, X. B. Field, C. H. Gildersleeve, 
 J. H. Crist, X. B. Laughlin, Gov. Eoss, etc., opposing its 
 adoption. The campaign was opened by a great procession 
 and meeting in the Plaza at Santa Fe, called by the Press 
 at the time "the largest and most brilliant public demon- 
 stration ever held in Xew Mexico/' at which Judge Axtell 
 presided and Gov. Prince, Gov. Stover and others made 
 strong addresses; and closed just before the election with 
 a series of three meetings at Las Vegas, Cerrillos, and 
 Albuquerque, addressed by Gov. Prince on behalf of the 
 Constitution; two of which by request of the Democratic 
 committee were changed into joint discussions with Mr. 
 Childers and Mr. Fergusson, respectively. 
 
 Major Jose D. Sena issued a manifesto in Spanish con- 
 tainino- twenty-four reasons for Statehood. 
 
CONSTITUTION OF 1890. 55 
 
 While the preponderance of work had been done in favor 
 of adoption yet the result of the election was adverse by 
 a large majority, the official vote being as follows : 
 
 Counties. For. Against. 
 
 Bernalillo .' 870 2,073 
 
 Colfax .' 234 651 
 
 Dona Ana 669 1,010 
 
 Grant 699 544 
 
 Lincoln 379 710 
 
 Mora 265 1,536 
 
 Rio Arriba 428 1,272 
 
 San Juan 87 182 
 
 San Miguel 790 3,211 
 
 Santa Fe 1,068 1,549 
 
 Sierra 227 717 
 
 Socorro 447 1,068 
 
 Taos 212 1,227 
 
 Valencia 1,118 430 
 
 Total ....7,493 16,180 
 
 Majority against the Constitution 8,687. 
 
 The peculiar result was clearly and fairly explained in 
 the official report of the Governor for 1891, which contains 
 the following on the subject : 
 
 "At first sight this might appear to indicate a disincli- 
 nation on the part of the people to assume the- condition 
 of statehood. This, however, is not the case. The circum- 
 stances were peculiar. The apportionment of delegates in 
 the Constitutional Convention, as fixed by the legislative 
 act which provided for the latter, was considered by the 
 Democratic party leaders to be unjust to that party. They 
 therefore refused to take any part in the election of dele- 
 gates, and directed their party friends to abstain from vot- 
 ing. This order was quite generally followed, so that the 
 convention itself, with a few notable exceptions, was sol- 
 idly Republican. While this condition of things, by throw- 
 ing the entire responsibility of the work on one party, no 
 doubt caused the production of a more perfect instrument 
 than would otherwise have been drafted, yet it alienated 
 
56 CONSTITUTION OF 1890. 
 
 the bulk of the Democratic part}' and all of its official lead- 
 ers from its support, and set the whole machinery of that 
 party actively at work to bring about its defeat. Public 
 speakers traversed the Territory in opposition, and easily 
 excited prejudices among the large portion of the people 
 who had never lived in a State, knew but little of the re- 
 sults of State government, and whose fears of the unknown 
 were thus aroused against any change from the system 
 with which they were familiar. All interests opposed to 
 Statehood, or to any particular provision of the Constitu- 
 tion in question, worked behind the election machinery 
 thus provided, and the result was as stated. It should -be 
 noted, however, that the political orators and party leaders 
 most active in their opposition all repudiated the idea that 
 they were opposed to Statehood itself, and asserted that 
 their opposition was solely to the proposed Constitution 
 and the method of its formation, and that on the main 
 question they were as progressive as those they opposed." 
 
 The adverse vote had no effect on the efforts of the peo- 
 ple for self-government, and all parties proceeded as before 
 in endeavoring to secure admission through an Enabling 
 Act of Congress. 
 
 The following extracts from the Constitution of 1889- 
 90 are inserted here in order to show the progressive char- 
 aracter of that instrument, and also as suggestions of mat- 
 ters which should not be overlooked in future drafts of 
 Constitutions : 
 
 ARTICLE II. 
 
 "Sec. 10. All lotteries or sale of lottery tickets are pro- 
 hibited. 
 
 "Sec. 24. Xo officer, or person authorized by this Con- 
 stitution to appoint any person to office, shall ever appoint 
 to office any person who may be related to him by blood or 
 marriage within the fourth degree of consanguinity accord- 
 ing to the civil law rule of computation/' 
 
 Sec. 25. The legislature shall pass liberal exemption 
 laws ; and there shall be exempt from levy and forced sale 
 under any process from any court in this State, the parcel 
 of ground and the buildings thereon, owned by the debtor 
 
CONSTITUTION OF 1890. 57 
 
 and occupied by him as a residence, he being a householder 
 and having a. family, to the value of not less than twenty- 
 five hundred dollars." 
 
 AETICLE IV. 
 
 "Sec. 13. No member of the legislature shall, during 
 the term for which he was elected, be appointed or elected 
 to any civil office which has been created, or the emolu- 
 ments thereof have been increased, during such term; nor 
 receive any civil appointment to any office within the 
 State." 
 
 "Sec. 18. No bill shall become a law except by a vote 
 of a majority of all the members elected to each House, nor 
 unless on its final passage the vote be taken by ayes and 
 noes and the names of those voting entered on the journal." 
 
 "Sec. 22. The legislature shall not pass special or local 
 laws on any of the following subjects : 
 
 (Here follows a list quite similar to that in the Consti- 
 tution of 1872, but containing the following items). 
 
 "Claims or accounts against the State or any munici- 
 pality ; 
 
 "Refunding money paid into the treasury; 
 
 "Releasing persons from any debt or obligation to the 
 State or any municipal or quasi-municipal corporation 
 therein." 
 
 "Sec. 23. The legislature shall not grant to any corpor- 
 ation or to any person, any rights, privileges, immunities, 
 or exemptions which shall not upon the same terms belong 
 equally to all persons." 
 
 "Sec. 25. No bill for the appropriation of money, ex- 
 cept for the ordinary expenses of the government, shall 
 be introduced after the fiftieth day of the session except 
 by unanimous consent." 
 
 ARTICLE V. 
 
 "Sec. 7. When any bill appropriating money from the 
 public treasury shall have passed both Houses and been 
 presented to the Governor, he shall have power to approve 
 the same in whole or in part, and may return to the House 
 in which it originated a copy of any part or parts of such 
 
58 CONSTITUTION OF 1890; 
 
 bill which he may disapprove, with his objections thereto, 
 when like proceedings shall be had as in the case of any bill 
 returned by the Governor as a whole." 
 
 "Sec. 12. Neither the State treasurer nor auditor of 
 public accounts shall hold office for two consecutive terms, 
 nor shall either immediately succeed the other in office." 
 
 ARTICLE VII. 
 
 "Sec. 13. Xo person shall hold more than one lucrative 
 office at the same time ; but no appointment in the militia, 
 nor the office of notary public, shall be considered a lucra- 
 tive office." 
 
 ARTICLE IX. 
 
 "Sec. 1. Provision shall be made by law for the estab- 
 lishment and maintenance of a uniform system of public 
 schools which shall be open to and sufficient for the educa- 
 tion of all the children in the State, and shall be under 
 the absolute control of the State, and free from sectarian 
 or church control; and no other or different schools shall 
 ever receive any aid or support from public funds. No 
 sectarian tenet, creed or church doctrine shall be taught in 
 the public schools." 
 
 ARTICLE XII. 
 
 "Sec. 4. Xo county, town, city or other municipal cor- 
 poration shall ever become a stockholder in any joint stock 
 company, corporation or association whatever, or raise 
 money for, or make donations to or loan its credit to or 
 in aid of, any such company, corporation or association." 
 
 "Sec. 11. Xo county seat shall be changed until a prop- 
 osition designating the place to which the removal is pro- 
 posed shall have been submitted to the electors of the coun- 
 ty and received two-thirds of the vote cast by qualified 
 electors." 
 
 ARTICLE XIII. 
 
 "Sec. 8. Any combination between individuals, associa- 
 tions or corporations having for its object, or which shall 
 operate, to control the price of any article ol manufacture 
 
CONSTITUTION OF 1890. 59 
 
 or commerce, product of the soil or mine, is hereby pro- 
 hibited and declared unlawful and against public policy; 
 and the legislature shall provide such penalties and for- 
 feitures as shall be sufficient to prevent all such unlawful 
 combinations." 
 
 "Sec. 9. All railroad, transportation and express com- 
 panies doing business in this State shall be common car- 
 riers, and all railroads owned or controlled by such com- 
 panies shall be public highways, and the legislature shall 
 pass laws to correct abuses- and prevent unjust discrimina- 
 tion and extortion in the rates of freight, express and pass- 
 enger ' tariff s on the different railroads., and in the charges 
 of telephone, telegraphic and insurance companies in this 
 State, and enforce such laws by adequate penalties, to the 
 extent, if necessary for that purpose, of forfeiture of their 
 property and franchise." 
 
 "Sec. 16. Any president or other officer of any banking 
 institution, who shall receive or assent to the reception of 
 deposits after he shall have knowledge that such banking 
 institution is insolvent or in failing circumstances, shall 
 be individually responsible for such deposits so received." 
 
60 PROPOSED CHANGES OF NAME. 
 
 CHAPTER IX. 
 
 PROPOSED CHAXGES OF XAME. 
 
 In other chapters we have had occasion to refer to various 
 proposed changes in the name of Xew Mexico when it 
 should enter the Union as a State, especially the attempt 
 in the Omnibus Bill in the 56th Congress (1888) to call 
 it Montezuma, and the peculiar provision in the bill intro- 
 duced by Hon. Antonio Joseph, Feb. 15, 1889, which ap- 
 parently sought to accomplish the same result by indirec- 
 tion. Xo such changes ever found favor in Xew Mexico, 
 and the project was denounced as soon as known. 
 
 At a meeting of the people of Xew Mexico held in the 
 court house, in the city of Santa Fe, in the winter of 
 1888-9, Hon. James A. Williamson presiding, a committee 
 of 26, representing all portions of the Territory, was ap- 
 pointed on resolutions, with Judge Hazledine as its chair- 
 man. The committee reported the following, which were 
 unanimously adopted: 
 
 "Whereas, the name of Xew Mexico has been for more 
 than three hundred years applied to this Territory, and the 
 inhabitants have for generations held that name in venera- 
 tion and desire to perpetuate it in their history as the name 
 of a sovereign State; 
 
 "Resolved, That simple justice to this people demands 
 that they should be permitted to perpetuate the history and 
 achievements of their forefathers by retaining "New Mexi- 
 co" as the name of the new State/' 
 
 These Resolutions were presented to the Senate April 
 ?th, 1890, accompanied by a communication from Judge 
 Hazledine. 
 
 Xotwithstanding the strong sentiment in Xew Mexico 
 against a change, from time to time various suggestions 
 have continued to be made as to a new name for the future 
 State, and some of these have been persistently advocated. 
 
 A favorite argument and one that might have weight if 
 there was not so much sentiment and such a long historic 
 association involved, is that the name Xew Mexico is con- 
 
PROPOSED CHANGES OF NAME. 61 
 
 fusing and that foreigners and even Americans from the- 
 east are likely to confound it with the Republic of Mexico. 
 This has been illustrated by numerous anecdotes, which 
 are often true, of apparently intelligent citizens of New 
 York or Massachusetts who direct letters to Mexico instead 
 of New Mexico, or express surprise that Albuquerque is in 
 the United States or that they see an American flag in 
 Santa Fe or that American postage stamps are good in 
 Las Vegas; and it is said that the old name is an obstacle 
 to immigrtion and will handicap the progress of the new 
 State. 
 
 One of the most persistent efforts in this direction was 
 to establish a State of Lincoln, especially since Washing- 
 ton was similarly honored in the far northwest. This was 
 earnestly advocated as far back as the "60s" and even 
 within the last few months a number of communications 
 have appeared in the press in favor of its adoption. 
 
 David Dudley Field for some reason felt a great interest 
 in the subject of the name and wrote a number of letters 
 to periodicals some twenty years ago earnestly advocating 
 the name of Montezuma; and he even went to the trouble 
 of visiting Washington and interviewing prominent mem- 
 bers of Congress in behalf of this project. The peculiar 
 provision in section 20 of the Omnibus 'Bill of 1888 was 
 probably inserted owing to his solicitation and influence. 
 
 More recently, Hon. B. S. Rodey, one of the most en- 
 thusiastic of Statehood workers, has argued strongly in 
 favor of the adoption of Acoma as the name of the new 
 State, possibly in order that alphabetically it should lead 
 in the roll at National Conventions and similar meetings. 
 
 This fact is that New Mexico is altogether the most 
 historic and dignified name in the United States. There 
 is but one geographical name in the entire country older 
 than this, and that is the name of Florida. Long before 
 the settlement of Jamestown, still longer before the Hol- 
 landers came to New Amsterdam or the Pilgrims landed 
 at Plymouth., the name of New Mexico had been fixed and 
 established, and was known throughout the civilized world. 
 It dates back to 1583, more than three and a quarter cen- 
 
62 PROPOSED CHANGES OF NAME. 
 
 turies ago. In that year Espejo marched up the Rio Grande 
 in hopes of rescuing from a martyr's fate the three Fran- 
 ciscan missionaries who had settled upon its banks near the 
 modern Bernalillo. 
 
 After passing the desert to the south, he came into the 
 beautiful and fertile valley of the Great River of the North, 
 and was so struck with its resemblance to some of the most 
 charming spots in Xew Spain that he christened it "Xew 
 Mexico/ 7 There is no doubt of this fact or of its date; 
 they do not rest on rumor or tradition. 
 
 So important was the discovery considered and so much 
 interest did it create in the City of Mexico, that the Rev. 
 Padre Juan Gonzales de Mendoza, visiting that city on his 
 return from his travels in China, incorporated the entire 
 history of Espejo's expedition into his book on "The Great 
 Kingdom of China; 77 and as such it was not only published 
 immediately in Spain, but translated into French, Italian 
 and English, and thus made known to all Europe. A copy 
 of the French edition, published in Paris in 1588, is among 
 the literary treasures of the Xew Mexico Historical Society 
 in the Palace at Santa Fe. It contains the full narration 
 of the chivalrous expedition of Espejo from the day that 
 it left Santa Barbara in Xew Biscay until its return. And 
 here we have a chapter headed "Of Xew Mexico and how 
 it was discovered,' 7 which proceeds to tell that in the year 
 1583 Antonio de Espejo, after traveling up the Rio del 
 Xorte, discovered a land of fifteen provinces which he called 
 Xew Mexico. Thus the antiquity of the name is absolutely 
 established; and from then until now, through all these 
 years of time, that name has never changed. 
 
 And as to the dignity which that name represents; Xew 
 Mexico was never an ordinary province of Xew Spain, like 
 the regions to the south of it. It was always a separate 
 government, with authorities appointed directly by the 
 Spanish king, and in all ancient documents it was called 
 "The Kingdom of Xew Mexico. 77 This high dignity it pos- 
 sessed from the very beginning. The oldest document 
 issued in Xew Mexico, of which we have anv knowledge, 
 was written before the Spanish settlement of Santa Fe, at 
 
PROPOSED CHANGES OF NAME. 63 
 
 San Gabriel, the first capital of the province, situated 
 where Chamita station now stands, in the wide valley at the 
 junction of the Rio Grande and the Chama. It is signed 
 by the first Governor and Captain General, Don Juan de 
 Onate, under date of October, 1603. This venerable docu- 
 ment describes Onate as Governor, Adelantado and Pacific- 
 ator of "The Kingdom and Provinces of New Mexico." 
 
 An examination of any of the ancient Spanish docu- 
 ments fortunately preserved to New Mexico by the His- 
 torical Society, as well as those in the Archives now in 
 Washington, of which the Territory is deprived until she 
 has the power of Statehood by which to reclaim them, will 
 prove that this dignified and exalted title was constantly 
 applied to New Mexico. They will be found to be dated 
 in this language : "Done in the City of Santa Fe, Capital 
 of the Kingdom and Provinces of New Mexico;" and the 
 title of the ruler was uniformly "Governor and Captain 
 General of this Kingdom and Provinces of New Mexico/' 
 Everywhere the word is "reino," kingdom ; and there is no 
 other part of the United States that ever possessed so ex- 
 alted a title. 
 
 In its extent as well as in its title New Mexico excelled 
 in dignity and grandeur. By consulting any of the ancient 
 maps in the Historical Society's rooms it will be seen that 
 for more than a century the whole range of country now 
 constituting the southern part of the United States, from 
 the Pacific to the Atlantic, was divided between New Mexico 
 and Florida; the dividing line being the Mississippi river. 
 Then for another hundred years there were three divisions 
 instead of two : Louisiana occupying the Mississippi val- 
 ley in the center ; but the northern boundary of New Mexi- 
 co running up indefinitely to the arctic regions. 
 
 So the people are naturally proud of the historic name. 
 For three hundred and twenty-five years this great region 
 had been known as New Mexico. It is true that in later 
 A^ears it has lost part of its area. Arizona, with parts of 
 Nevada and Utah, have been taken off on the west. South- 
 ern Colorado was cut off to enlarge that sister State. 
 Texas occupies much of its old eastern territory. But 
 
64 PROPOSED CHANGES OF NAME. 
 
 still, through all the ages, under varying forms of govern- 
 ment; under three different nationalities; sometimes a 
 kingdom, sometimes a province, sometimes a territory; 
 through revolutions and re-conquests and restorations, 
 Xew Mexico had progressed under its original proper name 
 unchanged and it was hoped unchangable. 
 
 It is a fact not generally known, that down to a few days 
 before the final report of the Senate Substitute for the 
 Hamilton Statehood Bill, in 1910, there was a strong incli- 
 nation in very influential quarters to change the name of 
 Xew Mexico in the bill to something modern, and this was 
 only averted by the positive assurances from representatives 
 of the Territory that any such change would meet such 
 strong opposition from the people of Xew Mexico as to 
 place the Statehood proposition in grave danger of rejec- 
 tion. 
 
 The only official endorsement of a change, was in the 
 passage of the Joint Statehood Bill of 1906, giving the 
 consolidated State the name of Arizona. The fact is, that 
 the people of the Territory at large, especially the descend- 
 ants of the original Spanish settlers and the older residents 
 among the English speaking population, have never looked 
 on any change with favor; and the day will be far distant, 
 if it ever arrives, when the people of the present Territory 
 will consent to a change which will break their historic 
 connection with the past and blot from the map a name 
 which has remained there continuously for over three hun- 
 dred years. 
 
 ,5 -A 
 
FAVORABLE INFLUENCES. 65 
 
 CHAPTEE X. 
 
 FAVORABLE INFLUENCES. 
 
 Throughout the long duration of the "Struggle" events 
 have occurred, and influences have been exerted, which 
 have aided materially in the ultimate success of the State- 
 hood movement, and which deserve recognition here. Such 
 are the planks in the national platforms of the great po- 
 litical parties; the action of State and Territorial Con- 
 ventions on the subject; the formal hearings before the 
 committees of the Senate and House of Representatives; 
 the written statements made to those committees; articles 
 contributed to leading journals in defense of New Mexico 
 and advocacy of Statehood; and resolutions passed and 
 addresses made on the subject in important national bodies 
 of large influence. 
 
 Some of the more important of these will be referred 
 to in separate chapters, under their appropriate heads, and 
 others are grouped together here; but all shoold be con- 
 sidered in connection with the more systematic narrative 
 of events in the record of Congressional action. 
 
 ARTICLES IN PERIODICALS. 
 
 During a long period, articles have been sent to journals 
 of large influence, by ardent friends of the cause, and have 
 had their influence on public opinion. 
 
 The first of these .after the dozen years of inaction, was 
 contributed by Hon. L. B. Prince to the New York Trib- 
 une under date of January 10, 1889, with, the title "Ad- 
 mission of New Mexico; both justice and expediency de- 
 mand it." This was in part an answer to a scurrilous 
 article in the Chicago Tribune, and an argument for im- 
 mediate admission. It was followed up by similar arti- 
 cles in the New York Mail and Express on January 16th, 
 1889, and the Indianapolis Journal on January 20th, 1889. 
 Somewhat later he was invited by the editor of the North 
 American Review to contribute an article on the subject 
 to that periodical, which gave an opportunity of present- 
 
66 FAVORABLE INFLUENCES. 
 
 ing the facts to the most cultivated constituency in the 
 country. 
 
 On December 9th, 1893, Judge A. L. Morrison sent an 
 excellent and effective article to the Chicago Inter-Ocean, 
 defending the people of New Mexico from the strictures 
 contained in an editorial in that journal a few days before. 
 
 On January 4, 1900, Col. B. E. Twitchell wrote a vig- 
 orous and characteristic article to the St. Louis Globe- 
 Democrat, entitled "Progress of New Mexico; some figures 
 that serve to correct false impressions.' 7 As introduction 
 he said : "The Territory of New Mexico has been the most 
 maligned, the least appreciated and the most poorly un- 
 derstood portion of Uncle Sam's domain." "If there is 
 one thing above another that the ordinary dweller in the 
 lands east of the Mississippi can thoroughly understand, 
 ir is figures. Your true-blue Yankee has a mania for 
 figures and statistics. One of the first things a Bostonese 
 infant has impressed upon him is the fact that figures don't 
 lie.'"' And then he proceeded with some most convincing 
 statistics. 
 
 During his prolonged service in Washington, Hon. B. 
 S. Rodey wrote numerous letters to the eastern press, cor- 
 recting misstatements and appealing for justice to New 
 Mexico in no uncertain tones and in his emphatic and un- 
 mistakable language; and these undoubtedly had an ex- 
 cellent effect in educating public opinion in that section 
 of the country. 
 
 On January 6th, 1903, Gov. Prince wrote another letter 
 to the Xew York Tribune, which was afterwards printed 
 in pamphlet form and widely distributed to members of 
 Congress and others, entitled "The Claims of New Mexico." 
 
 Many other patriotic citizens have aided in this work 
 of publicity, with good results; though the general ignor- 
 ance of the country as to the resources and conditions of 
 the southwest seems so dense that it is difficult to dispel. 
 It is not many years since a leading journal of national 
 influences spoke of "four-fifths of the people" of New 
 Mexico being "Peon Aztec Indians," whatever they may be ! 
 
FAVORABLE INFLUENCES. 67 
 
 STATEHOOD CONVENTIONS. 
 
 A Statehood Convention was called by Gov. Otero to 
 express the sentiment of the people relative to the admis- 
 sion of New Mexico to the Union, and met at Albuquer- 
 que on October 15th and 16th, 1901. Among other notable 
 speeches, was one by Gov. Murphy of Arizona. The con- 
 vention passed strong resolutions, which were reported 
 by a committee headed by L. C. Grove of San Juan Coun- 
 tv, embodying not only arguments and statements of facts, 
 but declarations of principles in clear and convincing terms. 
 They are drawn in the general style of the Declaration 
 of Independence and contain an arraignment of Congress 
 similar to that of King George the Third in the Declara- 
 tion. 
 
 After a suitable preamble they "solemnly publish and 
 declare that New Mexico of right ought to be a free and 
 independent State," and they close with the following 
 sentences : 
 
 "WHEREFORE, Having endured all these things, 
 through all these years, supported the flag and the Consti- 
 tution in two wars, we most respectfully appeal to the 
 sense of justice and righteousness of the Congress, and 
 
 PRAY: That it will not permit a government of our 
 people, for our people and by our people to perish from 
 our hopes, but that under God it will grant us a 'new lease 
 of freedom by granting us STATEHOOD/' 
 
 Another Statehood Convention, called by Gov. Curry, 
 met in the Capitol at Santa Fe, on November 30th, 1907, 
 and was largely attended from various sections of the 
 Territory by representative citizens. The governor; secre- 
 tary and judges of the Supreme Court, occupied the plat- 
 form. Hon, T. B. Catron delivered an address of welcome, 
 and the convention temporarily organized with Gov. Curry 
 as president, and Hon. J. M. Hervey and Hon. R. L. Baca 
 as secretaries. Subsequently Hon. W. S. Hopewell was 
 made permanent president. 
 
 Gov. Curry announced good tidings from Washington, 
 where he had recently seen the President and various 
 prominent men and had received gratifying and encour- 
 
68 FAVORABLE INFLUENCES. 
 
 aging assurances. Hon. L. B. Prince presented the latest 
 Trans-Mississippi resolutions and told of the enthusiasm 
 that he had just witnessed in Oklahoma over their ac- 
 quired Statehood. Judge Morrison counseled harmony 
 and careful avoidance of partisanship. A number of brief 
 addresses were made,, and resolutions urging immediate 
 action on the Statehood Bill were passed and directed to 
 bo sent to Washington. 
 
 WESTEEX COXGEESSES. 
 
 Public sentiment throughout the whole of the Great 
 West has been strongly in favor of the admission of Xew 
 Mexico from the beginning, and every proper opportunity 
 has been taken advantage of to make this manifest in 
 the way of resolutions passed by important representative 
 bodies. The most widely known and influential of these 
 is the Trans-Mississippi Commercial Congress., and begin- 
 ning in 1892 at Xew Orleans, that great organization has 
 given at each of its annual sessions, expression to its be- 
 lief and its wishes on this subject. 
 
 Hon. L. Bradford Prince was for many years the rep- 
 resentative of Xew Mexico in that Congress, of which he 
 was president in 1892 and presiding vice-president at three 
 other sessions, and he regularly presented the resolutions, 
 which were always unanimously adopted. This included 
 the Congresses at Xew Orleans, Ogden, San Francisco, 
 St. Louis, Omaha, Salt Lake, Wichita, Houston, and 
 C ripple Creek, as well as more recent ones. Usually a 
 brief statement was all that was required to insure this 
 result, but at Omaha in 1895, and at Cripple Creek in 
 July, 1901, he made addresses of considerable length which 
 were published in pamphlet form and aided in creating 
 a correct public sentiment. 
 
 The Xational Irrigation Congress has always carefully 
 refrained from passing any resolution not directly con- 
 nected with irrigation and related subjects; but at the 
 session held in Colorado Springs in 1892 it made an ex- 
 ception to this rule and on motion of Hon. G. A. Eichard- 
 son of Xew Mexico, after an enthusiastic speech from Hon. 
 
FAVORABLE INFLUENCES. 69 
 
 John Henry Smith of Utah, passed a resolution in favor 
 of New Mexican Statehood. 
 
 Many other western organizations have followed the lead 
 of these representative bodies and added the weight of 
 their influence in favor of justice to New Mexico; and to 
 all of these the thanks of her people are due. 
 
70 NATIONAL CONVENTIONS. 
 
 CHAPTER XL 
 
 X ATIONAL CONVENTIONS. 
 
 In this connection it would be improper to omit mention 
 of the various planks in the platforms of the leading 
 parties of the country as adopted in their National Con- 
 ventions in presidential years; although their wording has 
 usually been so careful and almost indefinite that their 
 spirit might be violated without actually contradicting 
 their letter. 
 
 In 1888 the Republican National Convention at Chicago, 
 which was earnestly requested to recommend Statehood, 
 passed the following resolution on that subject, which al- 
 though excellent is rather general in the language em- 
 ployed : 
 
 "The government by Congress of the Territories is based 
 upon necessity only, to the end that they may become 
 States in the Union; therefore, whenever the conditions 
 of population, material resources, public intelligence, and 
 morality, are such as to insure a stable local government 
 therein, the people of such Territories should be permitted, 
 as a right inherent in them, to form for themselves con- 
 stitutions and State governments and be admitted into 
 the Union." 
 
 The Democraic National Convention at St. Louis in the 
 same year took much stronger ground and mentioned New 
 Mexico by name. It is to be remembered in considering 
 these resolutions that at that time and until 1896 Utah 
 was still a Territory and there was so much popular antag- 
 onism to the admission of that Territory that both parties 
 handled the subject with considerable care. The following 
 is the democratic plank: 
 
 "Resolved, That a just and liberal policy should be pur- 
 sued in reference to the Territories; that the right of self 
 government is inherent in the people and guaranteed un- 
 der the Constitution; that the Territories of Washington, 
 Dakota, Montana and New Mexico are, by virtue of popu- 
 lation and development, entitled to admission into the 
 
NATIONAL CONVENTIONS. 71 
 
 Union of States; and we unqualifiedly condemn the course 
 of the republican party in refusing Statehood and self 
 government to their people." 
 
 In 1892 the National Republican Convention gave very 
 meagre space to its plank on this subject. The following 
 is the resolution: 
 
 "We favor the admission of the remaining Territories 
 at the earliest practicable day, having due regard to the 
 interests of the people of the Territories and the United 
 States." 
 
 The democratic convention at Chicago in the same year 
 was rather more outspoken in its statement, as it had been 
 four years before. Its plank was as follows : 
 
 "We approve the action of the present House of Repre- 
 sentatives in passing bills for the admission into the Union 
 as States of the Territories of New Mexico and Arizona, 
 and we favor the early admission of all the Territories 
 having necessary population and resources to admit them 
 to Statehood." 
 
 Four years after, in 1896, the republican national con- 
 vention again passed a resolution on the subject, but did 
 not vary in a single word from the language of the reso- 
 lution which was passed in 1892. 
 
 The democratic national convention at Chicago also fol- 
 lowed very nearly the language which it employed four 
 years before, but it added Oklahoma to the list of Terri- 
 tories specifically mentioned, the plank in their platform 
 being as follows : 
 
 'We favor the admission of the Territories of New Mex- 
 ico, Arizona and Oklahoma into the Union as states, and 
 we favor the early admission of all the Territories having 
 the necessary population and resources to entitle them to 
 Statehood." 
 
 In 1900 the Republican National Convention at Phila- 
 delphia made its plank on Statehood even shorter than be- 
 fore but very much more distinct. The resolution reads 
 as follows : 
 
 "We favor home rule for, and the early admission to 
 Statehood of, the Territories of New Mexico, Arizona and 
 Oklahoma." 
 
72 NATIONAL CONVENTIONS. 
 
 The Democratic Convention at Kansas City made the 
 most political capital possible out of the situation and in 
 iti promise went further than the republicans by the use 
 of the important word "immediate." The plank in the 
 Xational platform reads as follows: 
 
 "We denounce the failure of the republican party. to 
 carry out its pledges to grant Statehood to the Territories 
 of Arizona, Xew Mexico and Oklahoma. We promise the 
 people of those Territories immediate Statehood,, and home 
 rule during their condition as Territories." 
 
 In 1904 the Republican Xational Convention, which met 
 in Chicago, added nothing to its previous declarations. 
 
 The Democratic Xational Convention, at St. Louis, add- 
 ed to its former statement a declaration in favor of separ- 
 ate Statehood for Xew Mexico and Arizona, as Joint 
 Statehood had become somewhat of an issue. The State- 
 hood plank in its platform is as follows: 
 
 "We favor the admission of the Territory of Oklahoma 
 and the Indian Territory. We also favor the immediate 
 admission of Arizona and Xew Mexico, as separate States." 
 
 Finally we come to 1908. 
 
 The Democratic Xational Convention at Denver reiter- 
 ated its former declarations and pledges in amplified form. 
 The platform says: 
 
 "The Xational Democratic party has for the last six- 
 teen years labored for the admission of Arizona and Xew 
 Mexico, as separate States of the Federal Union, and 
 recognizing that each possesses every qualification to suc- 
 cessfully maintain separate State governments, we favor 
 the immediate admission of these Territories as separate 
 States." 
 
 The Republican Xational Convention, again meeting in 
 Chicago, preserved its characteristic brevity of expression, 
 but, in the two lines of its declaration, for the first time 
 gave an unequivocal pledge in favor not only of separate 
 Statehood, but of immediate admission. This concession 
 by eastern republicans was not obtained without a long 
 and vigorous struggle by the delegates from Xew Mexico 
 and their friends. The credit for final success, by the in- 
 
NATIONAL CONVENTIONS. 73 
 
 sertion of the word "immediate," is due to Hon. H. 0. 
 Bursum, chairman of the Territorial Eepublican Commit- 
 tee, through whose tact and pertinacity it was achieved. 
 
 While the exact wording of political platforms is not 
 always of great importance, and too often the platforms 
 themselves are regarded as more for campaign use than 
 an inviolable pledge of official action; yet in this case the 
 clear and distinct declaration of the resolution has been 
 of the highest value. Its very brevity added to its force. 
 President Taft has taken the highest ground as to the 
 obligation of a party and its official representatives to 
 carry into effect the pledges of its declaration of princi- 
 ples. Finding in the Chicago platform this unequivocal 
 statement regarding "immediate admission/' he insisted 
 that a Eepublican Congress was bound to carry it into 
 effect. Without this conscientious construction of party 
 honor and party duty, on the part of the President, it is 
 more than doubtful whether the Statehood Bill of 1910 
 would have been passed. Without this clear-cut plank, he 
 would not have felt obliged to insist on its fulfilment; so 
 that while so many platform declarations above recorded 
 have been without effect, the very important influence of 
 the last one adds new dignity and respect to the solemnly 
 adopted pledges of great parties. 
 
74 HEARINGS -IN WASHINGTON. 
 
 CHAPTER XII. 
 
 HEAKINGS IN WASHIXGTOK 
 
 Since the revival of interest in Statehood about twenty 
 years ago, and during the consideration of the constant 
 succession of bills of various kinds relating to admission 
 to the Union, by the Committees on Territories of the 
 House and the Senate, there have been a number of hear- 
 ings on the subject, many of them of importance, the 
 printed reports of which shed much light on the progress 
 of the struggle and the changing aspects in which the sub- 
 ject has been presented. 
 
 It is not necessary to enumerate all of these, but the 
 principal ones, which led to results or influenced public 
 opinion, will be briefly referred to. 
 
 1890. 
 
 The first of these was on May 5, 1890, before the Senate 
 Committee on Territories, of which Senator 0. H. Platt 
 of Connecticut was then chairman. The committee was 
 the one of fifty-four members appointed by the Governor 
 at the formal request of the Bureau of Immigration, to 
 visit Washington, principally in relation to a land court, 
 to school lands and to irrigation. It was entirely a volun- 
 tary matter of patriotic service, each member paying his 
 own expenses, and their character is shown by the fact that 
 no less than twenty-nine more than half the entire dele- 
 gation appointed, actually went to Washington, and re- 
 mained there engaged in the work of their mission for 
 nearly a month. It was undoubtedly the strongest dele- 
 gation which ever visited Washington from Xew Mexico 
 and the most successful in the accomplishment of results. 
 The passage of the Act creating the Court of Private Land 
 Claims, which settled the titles to the land grants in the 
 Territory, was the most immediate result of its labors. 
 It visited the President, every member of the Cabinet, the 
 Assistant Secretary of the Treasury, the Commissioner 
 and Deputy Commissioner of the Land Office and the Mexi- 
 can minister; and was afforded hearings by the Senate 
 
HEARINGS IN WASHINGTON. 75 
 
 Committees on Territories, Public Lands and Private 
 Land Claims, and by the House Committees on Territories, 
 Education, Private Land Claims,, and Irrigation. The 
 reasons which induced the committee to take up the mat- 
 ter of Statehood appears in the proceedings hereafter men- 
 tioned. 
 
 The names of the twenty-nine actually present in Wash- 
 ington were as follows : 
 
 Hon. L. Bradford Prince, Governor. 
 
 Hon. Trinidad Alarid, Territorial Auditor. 
 
 Hon. S. B. Axtell, ex-Governor and ex-Chief Justice. 
 
 A. J. Bahney, P. M., Socorro. 
 
 Ira M. Bond, Editor, Albuquerque. 
 
 S. E. Booth, Chairman County Commissioners, San 
 Miguel County. 
 
 George H. Cross, News Edttor, New Mexican. 
 
 C. H. Gildersleeve, Santa Fe. 
 
 S. L. Hauck, San Pedro. 
 
 Hon. W. C. Hazledine, Genl. Solicitor A. & P. E, E. 
 
 W. H. Kennedy, Cerrillos. 
 
 J. C. Lea, Eoswell. 
 
 Col. W. G. Marmon, Laguna. 
 
 Hon. T. B. Mills, Las Vegas. 
 
 J. S. Eaynolds, Pres. 1st Nat. Bank, Albuquerque. 
 
 Frank W. Smith, Las Cruces. 
 
 E. W. Spencer, Albuquerque. 
 
 Hon. E. S. Stover, Albuquerque. 
 
 A. Staab, Santa Fe. 
 
 Hon. L. S. Trimble, Ex-M. C., Albuquerque. 
 
 George H. Utter, Silver City. 
 
 John P. Victory, Santa Fe. 
 
 Gen. J. A. Williamson, Presi. A. & P. E. E. 
 
 W. C. Wrigley, Dist. Atty., Eaton. 
 
 Levi A. Hughes, Int. Eevenue Collector. 
 
 J. B. Bowman, Las Cruces. 
 
 George F. Patrick, Silver City. 
 
 Hon. Thomas Smith, ex-U. S. Attorney. 
 
 At the hearing, Gov. Prince opened the discussion, as 
 follows : 
 
76 HEARINGS IN WASHINGTON. 
 
 Mr. Chairman: I would like to call attention to the 
 size and character of the delegation present this morning. 
 It is not the ordinary kind of delegation coming of its 
 own volition to ask for legislation to secure personal in- 
 terests, but it is a regularly commissioned delegation, ap- 
 pointed at the instance of the Bureau of Immigration of 
 New Mexico to come to Washington to secure, if possible, 
 certain legislation looking to the material development of 
 that country. 
 
 When they arrived here they found that the subjects 
 as to which they had been sent, apparently cannot be ob- 
 tained without Statehood. Some of them naturally follow 
 admission to the Union, and others it seems practically 
 impossible to attain until we have representation in both 
 Houses of Congress. So that this committee, which came 
 here to attend to these matters relating to the material 
 prosperity of the Territory, has been forced to the conclu- 
 sion unanimously that that prosperity cannot be attained 
 without Statehood. We therefore come before you today, 
 Democrats and Republicans, representing all parts of the 
 Territory and every interest in it, unanimously to ask for 
 Statehood for New Mexico. 
 
 After presenting the claims of the Territory quite fully, 
 the discussion was continued by Hon. E. S. Stover, Ira 
 M. Bond, George F. Patrick, Hon. L. S. Trimble, George 
 H. Utter, Col. Thomas Smith, Hon. J. P. Victory and 
 Hon. Antonio Joseph; the Senators taking an active part 
 being the chairman and Senators Cullum, Stewart, Payne, 
 and Manderson. 
 
 This same committee of twenty-nine also had a hearing 
 before the House Committee on Territories, which courte- 
 ously held a special session for the purpose, on April 30th, 
 1890. A somewhat similar presentation of the claims of 
 New Mexico was made by Gov. Prince, Judge Trimble and 
 Judge Axtell, and numerous questions by members of the 
 committee, including Mr. Springer of Illinois, Mr. Dorsey 
 of Nebraska, and others, were satisfactorily answered. 
 
HEARINGS IN WASHINGTON. 77 
 
 1902. 
 
 House Bill No. 12543., providing for the admission of 
 Arizona, New Mexico and Oklahoma to Statehood, having 
 been referred to the Senate Committee on Territories, that 
 committee gave a hearing to the delegates of those Terri- 
 .tcries and such parties as they might present, on June 
 28th and 30th, 1902. 
 
 This was immediately subsequent to the passage in the 
 Senate of the resolution empowering the committee to visit 
 the Territories for the purpose of investigating conditions 
 there. 
 
 Of the Senate Committee there were present Senators 
 Beveridge, (Chairman), Bard, Bate, Dillingham, Heit- 
 feld, and Keene. 
 
 The first statement received was that of Hon. Marcus 
 A. Smith, delegate from Arizona, presenting the claims o 
 that Territory, and laying stress on the injustice done as 
 to population, by the census of 1900. 
 
 Hon. Bernard S. Rodey, delegate from New Mexico, fol- 
 lowed, on behalf of that Territory, and made a very strong 
 and comprehensive statement regarding its history, popu- 
 lation, resources, finances, and the general character of 
 the people. The members of the committee asked a multi- 
 tude of questions, largely as to the courts, schools and lan- 
 guage. 
 
 He was followed by Maj. W. H. H. Llewellyn, of Las 
 Cruces, who made a forcible plea for Statehood and gave 
 valuable testimony as to the valley of the Eio Grande, the 
 prospects of irrigation, public education, the desire for 
 Statehood and other appropriate matters. 
 
 John L. Gay of the Railway Mail Service was then ex- 
 amined, and was succeeded by Ira M. Bond, the well known 
 editor and correspondent, who gave the result of many 
 years of experience in New Mexico, as to the people, their 
 good citizenship, loyalty and various characteristics. 
 
 A. F. Codington then spoke of the universal desire for 
 Statehood, and Mr. Eodey closed the hearing so far as New 
 Mexico was concerned by a statement as to irrigation and 
 water rights. During the entire hearing, the members of" 
 
78 HEARINGS IN WASHINGTON. 
 
 the committee displayed much interest and occupied a 
 large proportion of the time by questions. 
 
 1903. 
 
 In December, 1903, Delegate Eodey's Bill for the ad- 
 mission of New Mexico being before the committee, the 
 Delegate arranged for a hearing before the Committee on 
 Territories of the House, with special reference to dispar- 
 aging statements that had. appeared in the recent report 
 of the Senate Committee made by Senator Beveridge. 
 
 The hearing commenced on Dec. llth and was continued 
 on December 15th, 17th and 18th, Hon. Edward L. Hamil- 
 ton presiding and twelve other members of the committee 
 being present. T,he discussion was opened by Hon. G. A. 
 Eichardson of Eoswell in an able address, and he was fol- 
 lowed by Hon. L. B. Prince, Mayor Ishmael Sparks of 
 Santa Fe, and Hon. B. S. Eodey then delegate from New 
 Mexico. The arguments of the New Mexicans were mostly 
 on the general principles involved in the claim for self gov- 
 ernment, and the questions of the committee were mainly 
 directed to the condition of the native population. The 
 members of the committee taking the most active part in 
 the discussion were the Chairman and Messrs. Lloyd. 
 Powers, Eobinson, Spalding, Sterling, Capron and Wilson. 
 
 1906. 
 
 In January, 1906, the Joint Statehood Bill for New 
 Mexico and Arizona being before the House Committee on 
 Territories, a protracted hearing was held which extended 
 continuously from January 16th to January 20th, inclu- 
 sive, the report of which occupied 190 pages. Hon. Ed- 
 ward L. Hamilton, the chairman, presided, with twelve 
 others of the committee present. 
 
 There was a very large delegation in attendance from 
 Arizona, all of whom were opposed to Joint Statehood, and 
 presented arguments and facts bearing on that issue. Mr. 
 Dwight B. Heard was chairman of the delegation and open- 
 ed the discussion after an introduction by ex-Delegate 
 Smith. He was followed by Eugene B. O'Neill, E. E. 
 Morrison, Gov. N. 0. Murphy, W. S. Sturgis, Gen. A. J. 
 Sampson, Dr. A. J. Chandler, Eev. H. M. Shields, B. A. 
 
HEARINGS IN WASHINGTON. 79 
 
 Fowler, A. J. Doran, Eoy S. Goodrich, E. S. Campbell, 
 J. J. Biggs, and George French of Arizona; and Senator 
 W. A. Clark of Montana, also spoke on the subject of tax- 
 ation of mines in Arizona. Hon. W. H. Andrews spoke 
 briefly and Hon. B. S. Bodey at considerable length in sup- 
 port of the project for Joint Statehood. Extracts from 
 some of the speeches of the Arizona delegates have been 
 reproduced herein in connection with the strong feeling 
 in that Territory against Joint Statehood with New 
 Mexico. 
 
 1908. 
 
 In January, 1908, immediate action on the Statehood 
 Bill introduced by Delegate Andrews had been promised, 
 and to facilitate it, Gov. Curry of New Mexico proceeded 
 to Washington and arrangements were made for a hearing 
 before the House Committee on Territories. 
 
 This hearing was held on January 29th and was opened 
 by an address by Hon. L. B. Prince, who presented the 
 Resolutions of the Trans-Mississippi Congress passed 
 unanimously at its session at Muskogee in November, 1907, 
 strongly endorsing immediate Statehood for New Mexico. 
 He then proceeded to present the usual arguments for ad- 
 mission, based on the right to self government, on popula- 
 tion, wealth, fairness, etc., but laying particular stress on 
 the vicious and un-American character of a provincial form 
 of government. He was followed by Gov. Curry, who in- 
 vited the committee, in case it did not take immediate ac- 
 tion, to visit New Mexico and examine the conditions for 
 themselves. Hon. W. H. Andrews, the Congressional 
 Delegate, closed the session with an appeal for favorable 
 action. The members of the committee evincing special 
 interest by taking part in the discusion were the chairman 
 and Messrs. Houston, Davenport, Higgins, etc. 
 
 1910. 
 
 The last important hearing was that held in February, 
 1910, before the Senate Committee on Territories in the 
 hope of inducing an early report on the House Committee 
 bill, generally called the "Hamilton Bill," for the admis- 
 sion of New Mexico and Arizona as separate States, which 
 
90 HEARINGS IN WASHINGTON. 
 
 had passed the House and was then in the Senate Commit- 
 tee. At this hearing, which extended over three days, the 
 18th,, 19th and 20th, both Territories were represented. 
 The special subjects that were discussed outside of the 
 general issues, were the payment of certain county bonds 
 validated by Act of Congress, and a provision of the Ari- 
 zona election law of March 10th, 1909, which practically 
 disfranchised a large class of citizens. 
 
 Senator Beveridge presided and Senators Dillingham, 
 Burnharn, Kean, Piles, Frazier, Hughes, Dick, and Owen 
 were present. 
 
 Those taking part in the discussion for Xew Mexico were 
 Hon. L. B. Prince, Hon. C. A. Spiess, and Hon. X. B. 
 Laughlin ; Mr. L. A. Hughes also being present ; and from 
 Arizona, Hon. Mark Smith, Hon. Ealph H. Cameron, 
 Eobert E. Morrison and J. L. Hubbell; and also Hon. 
 Bird S. Coler of Brooktyn, and Rev. W. H. Ketchem of 
 Washington. In the Xew Mexico hearing, which occupied 
 the 18th of February, besides the discussion of the bonds, 
 Gov. Prince laid special stress on the previous experience 
 of the people of Xew Mexico in framing constitutions of 
 great excellence, and exhibited copies of the Constitution 
 of 1850 and that of 1890 to the committee. All of the 
 speakers, in answer to Senator Beveridge, assured him that 
 they approved the strict provisions of the proposed law as 
 to the disposition of the public land. 
 
 The report of the bill, and its final passage and enact- 
 ment into law, followed closely on this hearing. 
 
STATEMENTS TO COMMITTEES. 81 
 
 CHAPTER XIII. 
 
 STATEMtNTS TO COMMITTEES. 
 
 From time to time carefully prepared statements have 
 been submitted to Congressional Committees, which em- 
 bodied facts and arguments systematically arranged. 
 
 Such was the document presented to the Senate Com- 
 mittee by Hon. W. C. Hazledine, accompanying the Con- 
 stitutioiTof 1890. 
 
 Such was the argument submitted to the House Com- 
 mittee, in 1902, by Dr. Nathan E. Boyd, relative to the 
 value of Statehood in connection with the protection of 
 material rights concerning agriculture and irrigation. 
 
 In 1892, the Statehood question had become very promi- 
 nent, and was occupying much public attention. To meet 
 the demand for accurate information and refute oft re- 
 peated calumnies, Gov. Prince was called upon to make a 
 statement which should cover all the points involved. This 
 was done in a letter to the Senate Committee on Terri- 
 tories; and this letter, afterwards embodied in the Gov- 
 ernor's annual report for 1892, was the first systematic 
 document published on the subject and became the foun- 
 dation of a host of articles and speeches for many years. 
 As it embodies, as briefly as possible, the whole argument 
 for New Mexican Statehood, it is inserted here in full, 
 although some of the statistics have been superseded by 
 those more recent. 
 
 Executive Office, 
 Santa Fe, June 25, 1892. 
 
 HON. H. 0. PLATT, 
 
 Chairman Committee on Territories, United States 
 Senate : 
 
 On June 6, 1892, House Bill No. 7136, being "An act 
 to enable the people of New Mexico to form a constitution 
 and State government," passed the House of Representa- 
 
82 STATEMENTS TO COMMITTEES. 
 
 tives, and on being received in the Senate was referred to 
 your committee. 
 
 This is a matter of the most vital importance to the 
 people of this Territory, and I therefore take the liberty 
 'of addressing you on the subject and submitting some of 
 the considerations which seem to me to render a longer 
 continuance of territorial government in Xew Mexico im- 
 proper and in violation of the rights of our people as 
 American citizens. 
 
 EIGHT OF SELF-GO VERNMEXT. 
 
 Self-government is an inherent right of American citi- 
 zenship; in fact it is inseparable from the fundamental 
 principles of republican institutions. The right to a rep- 
 resentative voice in the legislative body which enacts the 
 laws which he is to obey and imposes the taxes which he 
 if obliged to pay is one dear to every American., and the 
 right to take part in the selection of the national Chief 
 Magistrate and of the local governor and similar officials 
 i> likewise one of which he will not willingly be deprived. 
 
 These principles of self-government are so fundamental 
 in our institutions that no citizen should be deprived of 
 the right except under such peculiar circumstances as ren- 
 der its exercise impossible or dangerous. 
 
 To apply this practically, while in a section of country 
 the people are so few or so poor as to make self-govern- 
 ment impossible, they can be temporarily organized un- 
 der a territorial government, in order to protect life and 
 property; but the moment they are able to become self- 
 governing they are entitled to that right, 
 
 Xo circumstance now exists in relation to the people of 
 New Mexico which justifies their being longer deprived of 
 their full rights under a State government. If one of them 
 moves into Colorado or into Texas, he is immediately in- 
 vested with the full rights of American citizenship; if he 
 moves back, he loses them. This is improper and absurd. 
 He is no more intelligent or honest or patriotic because 
 he has crossed an imaginary line, nor does he lose any srood 
 qualities when he recrosses it. 
 
STATEMENTS TO COMMITTEES. 83 
 
 Lack of sufficient numbers,, or property, or intelligence 
 might cause from necessity a temporary suspension of full 
 civil rights to the inhabitants of a district of country, but 
 ] will endeavor to show, briefly but plainly, that neither of 
 such conditions exists in New Mexico at present. 
 
 SPECIAL OBLIGATIONS. 
 
 Apart from the obligation which the nation owes to each 
 of its citizens to secure to him the right of self-government, 
 except where special exigencies prevent, specific promises 
 were made to the people of New Mexico at the time of its 
 acquisition, which have hitherto been disregarded. When 
 Gen. Kearny made his peaceful entry into Santa Fe, he 
 issued a formal proclamation on August 22, 1846, assum- 
 ing the government of the entire Territory, and contain- 
 ing this statement: "It is the wish and intention of the 
 United States to provide for New Mexico a free govern- 
 ment, with the least possible delay, similar to those in 
 the United States." The people were satisfied with the 
 pacific sentiments of the American commander, relied on 
 the promises of the proclamation, and offered no opposi- 
 tion to the occupation of the whole area of New Mexico. 
 The treaty of Guadalupe Hidalgo, executed February 21, 
 1848, confirmed this promise. 
 
 ATTEMPTS TO OBTAIN STATEHOOD. 
 
 Kelying on these pledges and anxious to possess all the 
 rights of American citizenship, the people, early in 1850, 
 held a convention, adopted a constitution, elected State 
 officers, a legislature, and William S. Messervy as member 
 of Congress. In July the legislature elected E. H. Weight- 
 man and F. C. Cunningham as Senators, and they, with 
 the member of Congress, proceeded to Washington. While 
 on the journey they were met by the intelligence of the 
 passage, on September 9, of the famous "compromise meas- 
 ure/ 7 which admitted California as a State and relegated 
 New Mexico to the condition of a territory. 
 
 From that time to the present, attempts to secure ad- 
 mission have constantly been made. The Territorial legis- 
 
84 STATEMENTS TO COMMITTEES. 
 
 lature has repeatedly memorialized Congress on the sub- 
 ject, the delegates have introduced enabling acts, and the 
 people have never rested contentedly under their depriva- 
 tion of the rights of citizenship. Congress has not entirely 
 failed to respond to these appeals. Both Houses of the 
 Forty-third Congress passed an enabling act, the House 
 by a vote of 160 to 54 and the Senate by 32 to 11. The 
 bill was slightly amended in the Senate and failed because 
 it was impossible at the end of the session (it passed the 
 Senate February 24) to bring it up for concurrence in the 
 House. If it was proper to admit New Mexico in 1874, 
 before it possessed a mile of railroad, a single public build- 
 ing, a developed mine, a matured orchard, or an alfalfa 
 field, what reason can now be given for delay, when its 
 population has greatly increased, its condition vastly im- 
 proved, and its resources of all kinds are being developed 
 into sources of wealth? 
 
 POPULATION. 
 
 In this respect the claim to statehood is indisputable^ 
 No Territory at the time of its admission, with the excep- 
 tion of Dakota, has contained the population now in New 
 Mexico. By the census of 1890 it had 153,076 inhabi- 
 tants, without counting the Indians on the reservations. 
 The real population, as has been conclusively shown in 
 public documents and is practically unquestioned, was 
 between 180,000 and 185,000, the difficulty of full enum- 
 eration where the area is so vast and the population so scat- 
 tered accounting for the difference. But, taking the cen- 
 sus figures, the above statement as to other Territories is 
 correct. The following table shows the date of the admis- 
 sion of each Territory, with its population according to 
 the next preceding census. Of course, in some cases, there 
 had been considerable growth between the census and the 
 date of admission, but there is likewise an increase in New 
 Mexico since 1890. 
 
STATEMENTS TO COMMITTEES. 
 
 85 
 
 State. 
 
 Date of 
 admis- 
 sion. 
 
 Popula- 
 tion. 
 
 State. 
 
 Date of 
 admis- 
 sion. 
 
 Popula- 
 tion. 
 
 Tennessee 
 
 1796 
 
 35,691 
 
 California 
 
 1850 
 
 92,597 
 
 Ohio 
 
 180* 
 
 48 365 
 
 
 1858 
 
 6,077 
 
 
 1812 
 
 76 5n6 
 
 Oregon 
 
 1859 
 
 18,294 
 
 
 1816 
 
 >4 530 
 
 
 1861 
 
 107 206 
 
 Mississippi 
 
 1817 
 
 *40,353 
 
 Nevada 
 
 1864 
 
 6,857 
 
 Illinois 
 
 1818 
 
 12,282 
 
 Nebraska 
 
 1867 
 
 28,841 
 
 Alabama 
 
 1819 
 
 (t) 
 
 Colorado. 
 
 1876 
 
 89,864 
 
 Missouri 
 Arkansas 
 
 18*1 
 
 1836 
 
 66,557 
 30,388 
 
 North Dakota. .. 
 South Dakota... 
 
 1889 
 18-9 
 
 328.808 
 182,919 
 
 Michigan 
 
 1837 
 
 31,639 
 
 Washington 
 
 1889 
 
 75,116 
 
 Florida 
 
 1845 
 
 54 477 
 
 Montana 
 
 1889 
 
 39,159 
 
 Iowa 
 
 1S46 
 
 43,112 
 
 Idaho 
 
 1890 
 
 84,385 
 
 Wisconsin 
 
 1848 
 
 30 945 
 
 Wyoming 
 
 1890 
 
 60705 
 
 
 
 
 
 
 
 * Including Alabama. 
 
 t Included with Mississippi. 
 
 i By census of 1890. The population of both Dakotas in 1880 was 135,177. 
 
 The lesson drawn from this table becomes more marked 
 when we remember that in many of the Territories men- 
 tioned a large fraction of the population was made up of 
 slaves who were not citizens and had no vote, and further 
 that in nearly all of them the proportion of aliens was far 
 greater than in New Mexico. Thus, in Missouri there 
 were over 10,000 slaves; in Florida, over 25,000, and in 
 Louisiana over 34,000. When these numbers are deducted, 
 it reduces the self-governing population quite materially. 
 
 So it is evident that there is now no reason,' on the score 
 of lack of sufficient population, for depriving the people 
 of New Mexico of the ordinary rights of citizens. On the 
 contrary it has more population than Idaho and Wyoming 
 combined, considerably more than Montana, nearly or 
 quite four times as much as Nevada and really 15,000 
 more than Delaware. 
 
 FINANCIAL STRENGTH. 
 
 The next question is whether the value of taxable prop- 
 erty is sufficient to support a State government. If not, 
 that might be a valid reason for longer delay. But we 
 find that the assessed valuation of property in 1891 was 
 $45,329,563. This is much larger than that of many other 
 Territories at the time of their admission. The valuation 
 of the last two States, for example, was as follows : Idaho, 
 $28,000,000; Wyoming $31,000,000. The credit of New 
 
86 STATEMENTS TO COMMITTEES. 
 
 Mexico is excellent, notwithstanding the prejudice against 
 Territorial securities in the financial centers. The only 
 bonds issued during the last four years were $25,000 for 
 the completion of the insane asylum, and although there 
 was some question as to their being in excess of the limit 
 established by Congress, yet they sold for 105 %. Since 
 July, 1889, the Territory has been gradually redeeming 
 and canceling its outstanding penitentiary bonds, to an 
 amount between $40,000 and $50,000. These were bought 
 at the lowest offers, after thorough advertising, and yet we 
 have been compelled to pay from 107 to 117 per cent for 
 them. 
 
 BESOUECES. 
 
 The resources of the Territory, as the foundation of its 
 ability to sustain its own government permanently, are 
 properly a matter for inquiry. And on this subject we 
 may make the broad assertion that New Mexico is endowed 
 with greater natural resources, and in greater variety, 
 than any other State or Territory of the Union. This prob- 
 ably sounds extravagant, and may be considered as a speci- 
 men of western hyperbole, but while it is a bold statement, 
 it is made with an entire appreciation of its full signifi- 
 cance, and is well considered and deliberate. Only one 
 approaches it, and that is California; and the possession 
 of almost limitless beds of coal, both bituminous and an- 
 thracite, give New Mexico a superiority even over that 
 favored State. 
 
 PUBLIC PEOPEETY. 
 
 No Territory has ever erected so many public buildings, 
 or possessed so much public property as New Mexico. With- 
 out the slightest aid from the National Government, it 
 has built a most beautiful capitol, a substantial peniten- 
 tiary, and more recently an insane asylum, university, 
 agricultural college and school of mines. All these latter 
 structures are more than creditable, they are sources of 
 pride and gratification; and they are paid for from taxa- 
 tion without the incurring of any indebtedness, except the 
 sum of $25,000 to complete the insane asylum. In nearly 
 
STATEMENTS TO COMMITTEES. 87 
 
 every western State the institutions of a similar charac- 
 ter have been erected wholly or in part by grants of land 
 made at the time of their admission, but New Mexico has 
 not waited for such assistance. In addition to the above, 
 more than half of our counties have erected commodious 
 and elegant court houses of stone or brick within the past 
 ten years. 
 
 It seems 1 strange that with all these facts in her favor, 
 New Mexico should have been so long deprived of state- 
 hood. It would be foolish to ignore the fact that there 
 has existed in the eastern mind a prejudice against her on 
 account of the supposed 
 
 CHARACTER OF THE POPULATION. 
 
 By many the people are looked upon as foreign and not 
 in harmony with American institutions. It is strange that 
 this objection should arise in a. land which absorbs half a 
 million of foreigners every year, and which manages to 
 assimilate the very worst elements of continental Europe. 
 It should be remembered that New Mexico was acquired 
 in 1846, that all of its inhabitants except the oldest were 
 born on American soil, and that its people belonged to a 
 sister republic with institutions similar to ours, and so 
 needed no new education in free government. For almost 
 half a century they have been electing their legislatures, 
 making their laws, and carrying on their local government 
 under the American system. 
 
 The people have shown themselves as loyal as any in 
 the nation. During the rebellion out of her total popula- 
 tion of 93,567 she sent 6,561 into the army. Her volun- 
 teers fought at Valverde, Peralta and on other fields; and 
 at Glorieta, together with their comrades of Colorado, de- 
 feated the enemy and turned back the column which was 
 advancing northerly from Texas with the intention of cut- 
 ting off the Pacific Slope from the remainder of the coun- 
 try. The value of that service to the Union cause can 
 scarcely be overestimated. The total number of volunteers 
 from the Territories now composing the six new States of 
 North Dakota, South Dakota, Washington, Montana, 
 
88 STATEMENTS TO COMMITTEES. 
 
 Idaho,, and Aborning was 1,170. Colorado sent but 4,903, 
 and Nebraska, Oregon and Nevada, taken together, did not 
 contribute but 6,047, being 500 less than New Mexico 
 alone. 
 
 If we look at the foreign element in the population we 
 will find it smaller in New Mexico than anywhere in the 
 country except in certain Southern States. A comparison 
 with Territories recently admitted is instructive in this re- 
 gard. The figures are those of the census of 1880, which 
 are the latest on this point. 
 
 New Mexico contained 7,219 foreign-born inhabitants 
 to 100,000 native-born, or 7 to 100. 
 
 Washington had 26 foreign to 100 native. 
 
 Wyoming had 39 foreign to 100 native. 
 
 Montana had 41 foreign to 100 native. 
 
 Idaho had 44 foreign to 100 native. 
 
 Dakota had 62 foreign to 100 native. 
 
 Even in the older States, New York and Michigan had 
 31 to 100; Massachusetts, 33; Ehode Island, 36; Wiscon- 
 sin, 44; California, 51, and Minnesota, 52. So that New 
 Mexico looms up as a specially native American commun- 
 ity. 
 
 But to the uninformed the large number of voters of 
 Spanish descent is looked upon as a grave misfortune. 
 There could not be a greater mistake. It is the possession 
 of that conservative element in connection with the ener- 
 getic and enterprising American from the east which gives 
 New Mexico her special advantages as a self-governing 
 community over most other Territories. Every one fami- 
 liar with the far west knows that the principal danger in 
 new communities arises from the unsettled and irrespon- 
 sible character of much of the population. 
 
 The chief danger in a new community comes from this 
 class of men and from the overenthusiasm of others who 
 think that life in the new west is a continual boom, and 
 many a State and Territory has suffered from it. 'But Xew 
 Mexico runs no such risk. She has a solid, stable, respon- 
 sible, and conservative element in her native population, 
 which counteracts the danger. They are attached to the 
 
STATEMENTS TO COMMITTEES. 89 
 
 soil and have no thought of leaving. They are identified 
 with the country, and naturally opposed to rash schemes 
 which involve extravagant expense and debt. By them- 
 selves they might be too slow and nonprogressive, but mix- 
 ed with the over-zealous American., they form an admirable 
 combination. 
 
 Another objection which has been urged against us is 
 that of 
 
 ILLITERACY. 
 
 Some years ago there may have been some force in this 
 argument, but it is fast disappearing. In no respect has 
 New Mexico been making such rapid progress as in public 
 education. Even under the crude system which existed 
 before the public school law of 189 1, the number of chil- 
 dren under instruction had increased in a ratio far in ad- 
 vance of the population. The late census developed the 
 fact that while the population of the Territory increased 
 28 per cent during the decade from 1880 to 1890, the num- 
 ber of children enrolled in the schools increased 283 per 
 cent or ten times as rapidly. The crowning work of the 
 last legislature was that relative to public education. Un- 
 der its beneficent provisions the educational system is im- 
 proving with great rapidity. 
 
 It should be remembered that all this has to be done by 
 direct taxation, as we have no school fund whatever. We 
 can not have any until we are admitted as a State. Should 
 you deprive all of the States of their school funds a la- 
 mentable condition of affairs would result in many of 
 them. With statehood come the grants of land from the 
 public domain for educational purposes. Being a Territory 
 we have no grants and no fund. It is not our fault, for 
 we have been asking for these for years. If there is any 
 fault about it, it is that of Congress, which has deprived 
 us of this among many other rights that come with state- 
 hood. If the educational matter is to be weighed .against 
 us, it should be weighed in the direction of giving us 
 Statehood, which will increase our means for public edu- 
 cation rather than in depriving us of it. 
 
90 STATEMENTS TO COMMITTEES 
 
 CONCLUSION. 
 
 In every respect in which she can control her own des- 
 tiny, New Mexico is improving and advancing. Her pop- 
 ulation and wealth are increasing. Eailroads are reaching 
 every section. The products of agriculture and horticul- 
 ture, of the sheep range and the mines, are all enlarged. 
 Great systems of modern irrigation are multiplying her 
 fruitful acreage. The incubus of the past, the uncer- 
 tainty of land titles, is being removed by the new land 
 court. Wholesome and beneficent legislation is adding to 
 the general prosperity. 
 
 Thus in every way the tendency is upward and onward. 
 The sole obstacle to rapid advancement is the continued 
 Territorial condition. It is impossible to obtain money 
 for needed development in a Territory. Eastern capital- 
 ists will not loan or invest, as they have an idea that there 
 is no stability of government or security for property with- 
 out Statehood. To a certain extent immigration is also 
 retarded. It is apt to be thought that a Territory is back- 
 ward and nonprogressive. The admission of New Mexico 
 into the Union will give a great impetus to its prosperity. 
 Population will flow in with rapidity. The capital wanted 
 for the development of our resources will be easily obtained. 
 Rates of interest will be lowered. We will be relieved from 
 certain Congressional statutes which now impede our 
 progress. The people will feel that they are really Ameri- 
 can citizens, and not aliens or servants. All this will en- 
 kindle ambition, invigorate our energies, stimulate enter- 
 prise, and lead us on to a glorious future. 
 
 L. BRADFORD PRINCE, 
 Governor of New Mexico. 
 
CONGRESSIONAI 1895 TO 1901. 91 
 
 CHAPTER XIV. 
 
 CONGRESSIONAL 1895 TO 1901. 
 
 In the 54th Congress Mr. Joseph was succeeded by Hon. 
 Thomas B. Catron. Mr. Catron had always been an 
 active frined of Statehood and he lost no time in introduc- 
 ing an Enabling Act in the usual form. This was on 
 December 6th, 1895, and the bill was designated "House 
 Bill 219." On account of some clerical errors, the bill 
 was re-introduced on December 9th, with the necessary cor- 
 rections. The material changes from the more recent 
 Joseph bills, were in an increase in the number of dele- 
 gates to the Constitutional Convention to 81, the appor- 
 tionment being made in the bill; greater liberality as to 
 donations of land for public use; and a provision granting 
 the "Palace" in Santa Fe, with all appurtenant lands, to 
 the new State. 
 
 Mr. Catron devoted his characteristic energy to the pass- 
 age of the bill, but was met by the usual delays and the 
 opposition of eastern influences', which at that time, owing 
 to the antagonism between the supporters of a single gold 
 standard and the advocates of bimetalism, were strongly 
 averse to the creation of more western States. 
 
 The history of the struggle during the last fifteen years 
 is wit! in the memory of most of those interested in the 
 subject, and presents a succession of attempts, regularly 
 begun at the opening of each new Congress, carried on with 
 more or less vigor, with apparent excellent prospects of 
 success, usually resulting in the passage of the bill by the 
 House of Representatives and its reference in the Senate 
 to the Committee on Territories. Sometimes there would 
 be public hearings by the committee of the Senate or the 
 House; usually the delegate would make at least one 
 speech on the floor of the House, begging for tardy justice 
 to his people; occasionally there would be a few other 
 speeches, more than likely in opposition, and full of un- 
 complimentary remarks on the Territory and its people. 
 From time to time, the people of the Territory would be 
 
92 CONGRESSIONAL 1895 TO 1901. 
 
 told that a demonstration in the form of a Statehood Con- 
 vention, or the passage of strong resolutions, would be of 
 benefit, by showing public opinion; or that a committee 
 coming to Washington would do good; and they would 
 hasten to carry out the suggested programme as far as 
 possible. 
 
 Any one consulting the files of territorial journals for 
 almost any year since 1890,, will be surprised to observe 
 the similarity,, year after year, in the reports from Wash- 
 ington, and in the general tone of articles on the subject. 
 Statehood has constantly been on the eve of being realized. 
 If it was not obtained that year, it could not fail to come 
 within the next year, or within two years at the farthest. 
 Occasionally there would be some episode which would add 
 to the general interest, and for the time bring the Terri- 
 tory into the limelight of national publicity. So it was 
 when Senator Beveridge began his crusade against admis- 
 sion to Statehood. So it was when Senator Quay became 
 its champion and with all the power of his great State 
 and the force and persistence of his character almost 
 achieved a victory. 
 
 We will not attempt, then, to cover this period in min- 
 ute detail. It will be understood that each delegate in 
 turn introduced an Enabling Act, perhaps a half dozen 
 in different forms, and used his best endeavors for suc- 
 cess; and that somewhere, at some stage of the procedure, 
 either in the House or in the Senate, either in committee 
 or on the floor, a snag was encountered, and the bill died 
 at the end of the session because it could not overcome 
 the obstacle in time. During all this long period the bill 
 has never been beaten on a vote, there has never been a 
 majority in either House of Congress willing to be recorded 
 a? opposed to self government for American citizens; but 
 it has been killed, or rather allowed to die, by indirection. 
 
 The reports made against Statehood, whether by a ma- 
 jority or a minority, have usually been made up of ex- 
 cuses rather than arguments, and have indulged in cruel 
 misrepresentations in order to arouse prejudice. The 
 famous Beveridge report is perhaps an exception to this 
 
CONGRESSIONAL 1895 TO 1901. 9 
 
 rule, for, while it is most unjust in many of its statements 
 and conclusions., yet it is actually based on a theory as to* 
 the admission of new States which is clearly and frankly- 
 stated. That theory is given a hearing elsewhere in this 
 volume, with the antagonistic theory of the right of self- 
 government. 
 
 The friends of Statehood have never been afraid of a 
 fair argument, but they have feared the unjust and un- 
 founded sentiment, never openly expressed but no less 
 real, which has permeated nearly the whole eastern mind., 
 against giving more power to the west. It was that under- 
 lying feeling which for a generation has kept New Mexico 
 out of the Union, and which has been stronger than ever 
 since the newly admitted States of the northwest have 
 shown remarkable political independence. The opinion has 
 been freely expressed on many occasions within the last- 
 ten or twelve years, that it was a great mistake to admit 
 Idaho, Montana, Wyoming and Utah, and that if the ques- 
 tion of their admission was to arise now instead of when 
 it did, they would not be admitted; and that any further 
 similar mistake must be avoided. Articles in eastern 
 journals, even since the passage of the Statehood bill for 
 New Mexico and Arizona in June, 1910, have expressed 
 the same feeling, and thus show that the final passage of 
 the Act was rather the result of a fortunate accident than 
 the real intention of the representatives of the east. 
 
 The existence of this feeling, strong yet unexpressed, ef- 
 fective though never apparent, must be constantly borne 
 in mind, in order to understand the regular failure, year 
 after year,, of the attempts for Statehood, when everything 
 on the surface appeared favorable. 
 
 Mr. Catron was succeeded as delegate by Hon. H. B. 
 Fergusson in the 55th Congress, and he, by Hon. Pedro 
 Perea in the 56th. The usual bills for the admission of 
 the three' remaining Territories were promptly introduced, 
 and urged by their respective delegates with vigor. 
 
 Mr. Fergusson made a strong plea before the Committee 
 on Territories of the House, for New Mexico; and in ad- 
 dition to the usual arguments made a special point regard- 
 
94 CONGRESSIONAL 1895 TO 1901. 
 
 ing the public lands, the immediate necessities of the pub- 
 lic schools and other educational institutions., and the dan- 
 ger that by protracted delay all the best of the lands would 
 be taken up by private individuals and lost to the new 
 State. 
 
 As usual,, the bill failed to become a law, but Congress 
 was sufficiently impressed by the argument as to the pub- 
 lic lands to pass an Act giving the Territory a considerable 
 proportion of the areas usually appropriated to new States 
 for the immediate use of the territorial institutions, before 
 admission. 
 
 Mr. Perea's term presented nothing noticeably different 
 from that which had become the ordinary routine of en- 
 deavor and eifort and failure. Like his predecessors, he 
 was an earnest friend of Statehood ; but the dominant feel- 
 ing of Congress was as above described, and controlled in 
 the result. 
 
 This brings us to 1901 and the beginning of the last 
 decade of the long struggle. But before taking up that 
 period in its order, the action of the Beveridge committee 
 and movements in the Territory itself, require attention. 
 
THE BEVEREDGE COMMITTEE. 95 
 
 CHAPTEE XV. 
 
 THE BEVERIDGE COMMITTEE. 
 
 Pursuant to Senate Resolution No. 282, adopted June 
 27, 1902, a sub- committee of the Committee on Territories 
 of the Senate assembled at Chicago on November 10, 1902, 
 and proceeded to New Mexico, Arizona, Oklahoma, and the 
 Indian Territory for the purpose of investigating condi- 
 tions relative to the admission of those Territories to 
 Statehood. The sub-committee was composed of Senator 
 Beveridge (chairman), Senator Dillingham, Senator Burn- 
 ham and Senator Heitfeld; Senator Heitfeld joining the 
 party en route before reaching New Mexico. 
 
 This committee held sessions in this Territory at Las 
 Vegas, Santa Fe, Albuquerque, Las Cruces and Carlsbad, 
 commencing on Wednesday, November 12th, and ending 
 on November 21st. This investigation was not in the 
 form usual in hearings before committees in Washington, 
 where voluntary statements are received from those in at- 
 tendance, but was rather in the form of a legal proceeding 
 in which witnesses were called and sworn and then testi- 
 fied in answer to questions from the members of the "com- 
 mittee. A large number of witnesses were thus examined 
 on particular points as to which the committee desired to 
 obtain information, and the witnesses themselves were 
 selected and summoned by the committee with the excep- 
 tion of a very few who were produced at the request of 
 Delegate Rodey. 
 
 The following is a list of the witnesses who were ex- 
 amined during the investigation: 
 At Las Vegas 
 
 Judge Wm. J. Mills, Chief Justice. 
 
 Nepomuceno Segura, Court Interpreter. 
 
 Wm. E. Gortner, Court Stenographer. 
 
 Secundino Romero,. District Court Clerk. 
 
 Miss Georgia Murray, teacher. 
 
 Miss Francisca Zana, teacher. 
 
 Enrique Armijo, teacher. 
 
THE BEVERIDGE COMMITTEE. 
 
 Enrique H. Salazar, editor "El Independiente." 
 Jesus Maria Tafoya, Justice of the Peace. 
 Pablo Ulibarri, Census Enumerator. 
 Timoteo Sena, Census Enumerator. 
 Jose Lino Rivera, Census Enumerator. 
 H. S. Wooster, Justice of the Peace. 
 Eugenio Rudolph, Census Enumerator. 
 Pablo Jaramillo, Census Enumerator. 
 
 F. 0. Blood, Postmaster. 
 
 Rafael Gallegos, Census Enumerator. 
 
 Miss Maggie J. Bucher, Superintendent City Schools. 
 
 Felipe Baca 3* Garcia, Justice of the Peace. 
 
 Cleofes Romero, Sheriff. 
 At Santa Fe 
 
 J. Francisco Chaves, Supt. of Public Instruction. 
 
 Judge John R. McFie, Judge Supreme Court. 
 
 Miss Barbara Perea Yrisarri, Census Enumeratoi. 
 
 Jose D. Sena, Court Interpreter. 
 
 Facundo Ortiz, Census Enumerator. 
 
 Clemen te P. Ortiz, Census Enumerator. 
 
 Ambrosio Ortiz, Census Enumerator. 
 
 Joseph P. Conklin, Census Enumerator. 
 
 James D. Hughes, Publisher. 
 
 Francisco Anaya, Justice of the Peace. 
 
 A. M. Bergere, District Court Clerk. 
 
 Chas. M. Conklin, Justice of the Peace. 
 
 Jose Maria Garcia, Justice of the Peace. 
 
 Camilo Padilla, Census Enumerator. 
 
 Juvencio Quintana, Justice of the Peace. 
 
 Leonardo Duran, Justice of the Peace. 
 
 Paul A. F. Walter, 'Postmaster. 
 
 Pedro Sanchez, Census Enumerator. 
 At Albuquerque 
 
 Judge Benj. S. Baker, Supreme Court Judge. 
 
 Nestor Montoya, Court Interpreter. 
 
 G. W. Metzger, Census Enumerator. 
 Seferino Crollott, Census Enumerator. 
 Modesto C. Ortiz, Census Enumerator. 
 Eslavio Vigil, Census Enumerator. 
 
THE BEVERIDGE COMMITTEE. 97 
 
 Wm. Borchert, Justice of the Peace. 
 
 A. J. Crawford, Police Judge. 
 
 Wm. J. Oliver, Indian School. 
 
 C. F. Myers, Mayor. 
 
 Thos. Hughes, Editor "Citizen." 
 
 Wm. B. Childers, U. S. Attorney. 
 
 C. M. Foraker, U. S. Marshal. 
 
 Abran Abeytia, County Treasurer. 
 
 James A. Summers, Probate Clerk. 
 
 W. E. Dame, Court Clerk. 
 
 Anastacio C. Torres, School Superintendent. 
 
 H. G. Baca, Probate Clerk. 
 
 A. A. Sedillo, Court Interpreter. 
 
 Chas. P. Newhall, Tax Collector. 
 
 Prof. W T m. G^eo. Tight, President, University. 
 
 Chas. E. Hodgin, Professor, University. 
 
 Atanacio Montoya, Teacher. 
 
 Hon. B. S. Eodey, Delegate in Congress, 
 
 0. N". Marron, Mayor. 
 
 Willard S. Hopewell, Cattle, Mines and Eailroad. 
 
 M. E. Hickey, School Superintendent. 
 At Las Cruces 
 
 Judge Frank W. Parker, Supreme Court Judge. 
 
 Manuel Lopez, Justice of the Peace. 
 
 Jose Gonzales, Editor "Labrador." 
 
 Samuel A. Steele, Census Enumerator. 
 
 Eugene Van Patten, Census Enumerator. 
 
 Isidor Armijo, Probate Clerk. 
 
 F. D. Hunt, Editor "Progress." 
 
 Marcel Valdez, Editor "Tiempo." 
 
 Francis E. Lester, College Kegistrar. 
 
 Allen J. Papen, Editor "Kepublican." 
 
 Elias E. Day, School Superintendent. 
 
 Martin Amador, Farmer. 
 
 John J. Vernon, College Professor. 
 
 Martin Lohman, Merchant. 
 At El Paso 
 
 Judge Daniel H. McMillan, District Court Judge. 
 At Carlsbad- 
 Francis Tracy, Irrigation Superintendent. 
 
98 THE BEVERIDGE COMMITTEE. 
 
 L. 0. Fullen, Editor "Argus." 
 James 0. Cameron, Attorney. 
 Wm. C. Keiff, Census Enumerator. 
 R. W. Tansill, Retired Manufacturer. 
 
 The arrival of the members of the committee, without 
 notice, at the various points where it held sessions; their 
 method of procedure, which was with closed doors, one 
 witness being admitted at a time; the fact that they came 
 provided with lists of the witnesses whom they desired, 
 and did not hear others, and that they avoided calling 
 many of the most intelligent and well-informed citizens 
 who were close at hand; that their investigation was not 
 as to the resources and industries of the ^Territory, or its 
 financial condition and ability to bear the expense of State- 
 hood; and that their inquiries, so far as they became 
 known, were nearly all as to the use of Spanish in the 
 courts, in the schools, in the houses and the streets; all 
 these things aroused a strong feeling against the committee 
 and its chairman. 
 
 The character of the report based on this testimony was 
 such as to increase the vexation and indignation of the 
 people. It was believed that an adverse report had been 
 agreed on long before the committee visited Xew Mexico, 
 and that the testimony was taken simply to justify such 
 ;i report. It was felt that the worst side of every scene, 
 and worst construction of every statement of the witnesses, 
 was that which was presented and emphasized. For a con- 
 siderable time Senator Beveridge was the most cordially 
 disliked man in Xew Mexico. The newspapers were filled 
 with articles censuring his course, and every public speech 
 was full of denunciation. 
 
 Even the rhymesters made him the target of their 
 humor, as these verses, the first and last of a long "Plea 
 for Statehood," dated December 8th, 1902, will prove: 
 
 "Oh, Bevy, In the name of God, 
 Withhold, withhold, thy chastening rod. 
 We implore this on our bended knees, 
 Give us Statehood, Please do ! please ! ! 
 
THE BEVERIDGE COMMITTEE. 99 
 
 If you'd lie down to pleasant dreams, 
 Not disturbed by our eagle's screams, 
 Then let us into the Union, pray ! 
 At least, dear boy, get out of the way." 
 
 There can be no doubt that at that time he was strongly 
 prejudiced against the Territory and its people, and was 
 determined that it should not be admitted as a State. 
 
 The report was presented in the Senate on December 
 10th, 1902, and ortered printed, with the accompanying 
 exhibits and testimony. (Senate Eeport No. 2206, 57th 
 Congress, 2nd Session; and Document 36). 
 
 It was very carefully drawn, with an evident desire to 
 appear fair, but it approached the subject from a thor- 
 oughly eastern point of view^ and the following extracts 
 wdll show that it presented the worst phases of the situa- 
 tion which the testimony taken made possible. 
 
 "The great majority of the New Mexican population 
 are native New Mexicans, of Spanish and mixed Spanish 
 and Indian descent, and of these all speak Spanish in the 
 affairs of daily life and the majority speak nothing but 
 Spanish." (p. 5.) 
 
 "Courts are conducted through the medium of an in- 
 terpreter, and it is impossible to conduct the machinery 
 of justice without this official." (p. 5.) 
 
 "Coming to the justices of the peace practically all of 
 them speak Spanish and the proceedings of their courts 
 are conducted in Spanish. The dockets of nearly all jus- 
 tices of the peace are kept almost exclusively in Spanish." 
 
 (p. 6.) 
 
 "Until recently (historically speaking) no English was 
 taught in the public schools. At present both Spanish 
 and English are taught in the most of the schools." (p. 6.) 
 
 "In some schools Spanish is taught exclusively; and his- 
 tory, arithmetic and geography are translated from Ameri- 
 can texts into Spanish." (p. 6.) 
 
 "In the little country settlements the people are usually 
 bunched together, their occupation being principally that 
 of herding sheep or goats, and with little or practically no 
 communication with the outside world." (p. 7.) 
 
100 THE BEVERIDGE COMMITTEE. 
 
 "A portion of the population, even including some jus- 
 tices of the peace, have little understanding of our insti- 
 tutions." (p. 7.) 
 
 "Of the entire population of Xew Mexico thirty-three 
 and two-tenths per cent, are illiterate; that is, that portion 
 can neither read nor write Spanish, English, or any other 
 language. If the test of illiteracy were confined to the 
 English language only, the committee is of opinion that 
 the percentage of illiterates would be much more than 
 doubled." (p. 7.) 
 
 "Even members of grand and pettit juries sometimes 
 sign their names by their mark, and the testimony shows 
 an instance where nineteen out of twenty-one jurors signed 
 by their mark, and another instance of twenty-one out of 
 twenty-four who signed by their mark." (p. 8.) 
 
 "As to educational progress, and especially advance in 
 the speaking of English, the committee, after having made 
 every possible allowance, are of the opinion that the very 
 most that can be said is that Xew Mexico is beginning 
 to get a fair start, and no more." (p. 8.) 
 
 "Aside from the large towns, practically all development 
 is Mexican. The Mexican population universally live in 
 adobe or mud houses, just as they did a hundred years 
 ago. Even in the Capital City of Santa Fe practically all 
 the residences and most of the schools are in these earth 
 structures." (p. 9.) 
 
 "On the whole, the committee feel that in the courso 
 of time, when education, now only practically beginning, 
 shall have accomplished its work; when the mass of the 
 people, or even a majority of them shall, in the usages and 
 employment of their daily life, have become identical in 
 language and customs with the great body of the Ameri- 
 can people; when the immigration of English speaking 
 people who have been citizens of other States does its modi- 
 fying work with the Mexican element; when all these 
 things have come to pass, the committee hopes and believes 
 that this mass of people, unlike us in race, language and 
 social customs, will finally come to form a creditable por- 
 tion of American citizenship." (p. 9.) 
 
THE BEVERIDGE COMMITTEE. 101 
 
 ''Many of the people of New Mexico do not want State- 
 hood. The testimony of Martin Amador, a Mexican farm- 
 er, proves this. The committee is further convinced that 
 this opposition to Statehood for New Mexico is by no means 
 confined to this simple Mexican farmer (Martin Amador) 
 and the great class for whom he spoke. It is true that no 
 other rancher., farmer, or merchant appeared before the 
 committee to the same effect; but the committee has sound 
 reasons for believing that large numbers of them are earn- 
 estly against the proposition of New Mexico Statehood." 
 
 (p. 29.) 
 
 While the statements appearing in these extracts may 
 not be literally untrue, yet they represent extreme and ex- 
 ceptional cases which give an entirely false idea of the 
 average condition of affairs, and are essentially misleading 
 as representing the Territory and people at large. 
 
 The underlying fallacy in the argument of the report 
 is that it entirely ignores the fundamental right of the 
 American citizen to self-government, when such govern- 
 ment is possible ; and, in direct contradiction to facts, it 
 asserts that there is no real deprivation of self govern- 
 ment but that it exis'ts practically as in the States. 
 
 As the Beveridge report presents this subject in clear-cut 
 form, in direct antagonism to the view held by the people 
 of New Mexico, and has been as distinctly answered on 
 behalf of the* Territory before another Committee of Con- 
 gress, it may be well to present the two sides of the argu- 
 ment in a separate chapter, as this is really the crucial 
 question in controversy between the advocates of Statehood 
 and its opponents in 'Congress. 
 
102 THE RIGHT TO SELF GOVERNMENT. 
 
 CHAPTER XVI. 
 
 THE EIGHT TO SELF GOVERNMENT. 
 
 It is not proposed to interrupt the course of this narra- 
 tive of the Struggle for Statehood by a chapter of newly 
 written arguments; but simply to show by a few extracts 
 what has been the real essential issue between the advo- 
 cates of Statehood and its opponents, as presented to Con- 
 gress. 
 
 THE ARGUMENT AGAINST STATEHOOD. 
 
 Senator Beveridge, in his celebrated report, in 1902, 
 formulated the argument against Statehood in the most 
 logical shape in which it has been stated. 
 
 He enumerated the necessary qualifications of a com- 
 munity for Statehood as follows: 
 
 QUALIFICATIONS. 
 
 The people must be sufficient in number; they must be 
 on an equality with the remainder of the people of the 
 nation in all that constitutes effective citizenship; they 
 must have devdloped the resources of the laud they occupy 
 and have further resources susceptible of like development, 
 to bring their proposed new State up to the average of 
 the remainder of the Nation. (p. 2.) 
 
 RULE AS TO POPULATION. 
 
 It would have been well and would now be well if the 
 rule could be adopted that any new State should have a 
 population equal to the average population of the remain- 
 der of the States. This rule would require a population 
 for any proposed new State, at the present time, of 1,650,- 
 000." (p. 4.) 
 
 OTHER QUALIFICATIONS. 
 
 "But not only are numbers of people requisite. The 
 advancement of that people, their state of life, their famil- 
 iarity and sympathy with our institutions, their educa- 
 
THE RIGHT TO SELF GOVERNMENT. 103 
 
 tional conditions, and all of the elements that go to make 
 up good citizenship, are to be equally considered. So are 
 the resources of their Territory and the present develop- 
 ment of those resources." (p. 5.) 
 
 STATEHOOD A R.EWARD. 
 
 "Statehood should come as the reward of development, 
 and not as its inducement. Development and population 
 should precede Statehood, and not the reverse." (p. 22.) 
 
 SELF GOVERNMENT. 
 
 'This compels consideration of a much-used argument 
 that the people of a Territory are deprived of self-govern- 
 ment, and are entitled as a right to this great privilege. 
 This argument is refuted by the fact that the people of the 
 Territories enjoy practically all of the substance of self 
 government that the people of the States enjoy, save only 
 the power of creating unlimited debt. In other respects 
 the people are self-governing; they have their own legisla- 
 ture which they themselves elect. This legislature passes 
 all, or practically all, laws which a State legislature may 
 pass. Their taxes are fixed and levied by themselves. 
 Their schools are established and maintained by them- 
 selves. Their crimes and rights are determined, punished 
 and enforced by themselves. Their governors are appoint- 
 ed by the President of the United States, but under the 
 practice now established this governor is always one of 
 themselves; and no administration would, at this day in 
 the Republic's history, keep in office a governor seriously 
 distasteful to a majority of the people." (p. 22.) 
 
 THE ANSWERING ARGUMENT FOR SELF GOV- 
 ERNMENT. 
 
 (This is taken from the printed proceedings of the H. 
 R. Committee on Territories Jan. 29, 1908.) 
 
 On January 29, 1908, before the House Committee on 
 Territories, Hon. E. L. Hamilton, chairman, Gov. Prince 
 of New Mexico, presented the following resolutions of the 
 Trans-Mississippi Congress, passed November 21, 1907. 
 
 "Whereas, self-government is the foundation of repub- 
 
104 THE RIGHT TO SELF GOVERNMENT. 
 
 lican institutions and the dearest right of every American 
 citizen, and no American community should be deprived 
 of this right except under circumstances which make its 
 exercise impossible, and such deprivation should cease the 
 moment those circumstances come to an end ; 
 
 "And whereas the people of New Mexico have been kept 
 under a military or Territorial government for over sixty 
 3 r ears, although for a long period they have possessed every 
 requisite for successful statehood, including population, 
 taxable valuation, resources, and personal character: 
 Therefore 
 
 "Kesolved, That this long-continued injustice to our 
 fellow-citizens of New Mexico should cease at the earliest 
 moment, and they should receive their proper right to self- 
 government by the admission of New Mexico as a state." 
 
 And said : Our persistency in coming here, year after 
 year, asking for the admission of New Mexico as a State, 
 may almost seem to require an apology, but we come in 
 the spirit of these resolutions which declare that this mat- 
 ter of self-government is the fundamental point in Ee- 
 publican institutions, and is the dearest right of an 
 American citizen; and because we feel that a failure to 
 show that persistence in so vital a matter, would be little 
 less than a crime against our American birthright, 
 
 It has seemed to us sometimes that most of the commit- 
 tees of Congress do not fully appreciate what the depriva- 
 tion of the rights of self-government 13, to an American 
 citizen ; and perhaps this is not entirely unnatural, because, 
 in looking over the membership of this committee, I see 
 that there is only one man on the committee who has ever 
 Jived in a territory (Mr. Davenport of Oklahoma.) 
 
 The next youngest State which has a member on this 
 committee ended its territorial existence just seventy years 
 ago ; a period as great as the span of a lifetime and double 
 the length of a generation; so that the principal member- 
 ship of this committee is composed of those who have 
 never experienced what it is in America to be without self- 
 government, because they have never lived where it did not 
 exist. 
 
THE RIGHT TO SELF GOVERNMENT. 105 
 
 We are all surrounded by a great number of things the 
 value of which we fail to recognize because we have never 
 been deprived of them. We do not realize the value of the 
 surrounding atmosphere until we are suddenly deprived 
 of air, and find ourselves being smothered to death. 
 
 If any of you gentlemen,, who have lived in an atmos- 
 phere of self-government all your days, so that it seems 
 almost like a part of nature itself, should find yourselves 
 suddenly deprived of it entirely, you would probably bet- 
 ter appreciate its value, and would have some idea of that 
 of which your fellow-citizens in the territories are deprived. 
 If the officials of your states were appointed by some power 
 in whose selection you had no voice whatever, you would 
 quickly recognize the change in your situation and your 
 comparatively helpless condition. If, in addition to this, 
 that appointing power was located thousands of miles away 
 so that it could by no possibility have a knowledge of local 
 conditions, and the true character of local men, the situa- 
 tion would be far more intolerable. 
 
 The system of provincial government, under which local 
 officials are appointed by a central supreme power, far 
 from the localities affected, has always been bad from the 
 days of Babylon anl Assyria down to the Turkish and Per- 
 sian empires of our own times. It can not be otherwise, 
 for its fundamental principle is wrong. No matter how 
 well-meaning the appointing power may be, the result is 
 largely the same. 
 
 Of course, good men may occasionally be appointed un- 
 der that system as they are under any other, but the sys- 
 tem itself is essentially vicious, for it is impossible for the 
 appointing power to have personal knowledge of require- 
 ments and. character, and the most unworthy or corrupt 
 officials are those who can afford to expend the most, both 
 in time and money, to prevent its enlightenment, or any 
 reform in administration. While it would seem as if, in 
 America, the redress of such evils ought to be easy, exper- 
 ience has too often shown, not only that the officials thus 
 appointed by some accident of favoritism, are entirely re- 
 gardless of the people, because they are not responsible to 
 
106 THE RIGHT TO SELF GOVERNMENT. 
 
 them, but also,, that the worse the official, the more inge- 
 nuity he develops in intrenching himself in power. 
 
 Again, this system is practically the destruction of an 
 enlightened and vigilant public sentiment. We are a prac- 
 tical people here in America, and as a rule we do not cul- 
 tivate anything unless it has practical value, and when 
 public sentiment cannot be effectively exercised in a prac- 
 tical way, it does not nourish. In no community that is 
 not self-governed can you find a healthy, vigorous and ac- 
 tive public sentiment either in the Press or among the 
 people, because it is without power either to effect appoint 
 ments or removals, or to reform the administration of the 
 government. Thus the whole fiber of good citizenship is 
 weakened. 
 
 What we insist upon is that this right to self-government 
 ib so fundamental in our institutions that no citizen should 
 be deprived of it except under such peculiar circumstances 
 as render its -exercise impossible or dangerous. When a 
 population is so sparse that it is not able to support a local 
 government or that elections are impracticable, one of these 
 exceptional cases occurs, and such a population has to be 
 ruled in some other way and is deprived temporarily of its 
 right to self-government; but the moment the peculiar 
 conditions are removed the disability should vanish with 
 them and the citizen should regain his inherent right. 
 
 A territorial condition is an exceptional one, only intend- 
 ed as a temporary expedient, and is in derogation of the 
 civil rights of all the citizens affected thereby ; and, as the 
 normal condition of an American citizen is one of self- 
 government, the burden of proof is upon those who desire 
 to continue the abnormal form, and not upon those who 
 insist on the organization of a state. 
 
JOINT STATEHOOD MOVEMENT. 107 
 
 CHAPTEE XVII. 
 
 JOINT STATEHOOD MOVEMENT OF 1906. 
 
 That the idea of Joint- Statehood for New Mexico and 
 Arizona was distasteful in both territories, there is no 
 doubt. There was good reason for this. It was not caused 
 by any ill feeling in either of the Territories toward the 
 other, but because there was an entire lack of cohesion and 
 community of interest. They were more disconnected, so 
 far as personal acquaintance and business or social rela- 
 tions go, than most States far more distant from each other. 
 Nature itself had separated them by placing the great 
 Continental Divide as- a practical barrier between them. 
 The rivers of New Mexico flow eastward or southward to 
 the Gulf of Mexico and the Atlantic ; those of Arizona flow 
 westward to the Gulf of California and the Pacific. The 
 trade and business relations of Arizona are with Califor- 
 nia and the Pacific coast, those of New Mexico are with 
 Kansas City, St. Louis, Chicago, an^ New York. As a 
 rule no New Mexican visits Arizona except en route to 
 California: and no citizen of Arizona visits New Mexico 
 except en route to the east; and those visits are simply 
 en passant. The number of residents of either Territory 
 who have ever passed a night in the other, except in a rail- 
 road car, is remarkably small. In short, there is less con- 
 nection between the two than there is between either one 
 of them and New York or California. 
 
 It seemed impossible for the eastern mind to grasp this 
 elemental fact. The average eastern Congressman, know- 
 ing that each Territory was anxious for Statehood, and 
 really unfavorable to an increase of western States, looked 
 at the map, saw two squares contiguous to each other, and 
 instantly found a satisfactory solution of the difficulty 
 by saying: "Why not join them together and make one 
 oblong of them?" The opponents of western influence saw 
 in this an easy method to reduce the danger of too many 
 Senators; and to the ignorant and unthinking it seemetf 
 a simple and natural arrangement; and so the "joint State- 
 
108 JOINT STATEHOOD MOVEMENT. 
 
 Lood Bill" was passed. How President Eoosevelt could 
 have been induced to favor it, with his general knowledge 
 oi' western conditions, is one of those mysterious things 
 past ordinary comprehension ; but he certainly did give 
 the project the entire weight of his great influence. 
 
 The feeling on the part of Arizona was plainly expressed. 
 Gov. Joseph H. Kibbey in his report to the Secretary of 
 the Interior, of 1905, devoted almost his entire attention 
 to an argument, and an able one, against jointure, from 
 the Arizona standpoint. He summed up the matter in this 
 brief sentence: "The proposed union is regarded by our 
 people as a menace to the property and progress of the Ter- 
 ritory." 
 
 At the hearings before the Committee on Territories of 
 the House of Representatives in January, 1906, the repre- 
 sentatives of Arizona expressed their opposition to this 
 union we might almost say, their detestation of it in 
 words more forcible than complimentary. It would be dif- 
 ficult to use language more distinct. The chairman of their 
 delegation, Mr. Dwight B. Heard, said: "We are opposed 
 to Joint Statehood. We want to be let alone. A vast 
 majority of the people of Arizona, regardless of politics 
 or business, are utterly opposed to Joint Statehood." 
 
 Mr. E. E. Morrison said : "We object to this amalgama- 
 tion, and object to being dominated by people whom we do 
 not think should be mixed up with us at all." 
 
 They presented a petition against jointure which they 
 stated had been signed by thirty-one hundred people within 
 thirty minutes, at their Territorial Fair; and they added 
 that only two per cent, of those to whom it was then pre- 
 sented declined to sign. 
 
 Mr. W. S. Sturges said : "I know the Arizona cattle men ; 
 every one, owner and cow boy, is against Joint Statehood 
 to a finish. As one man expressed it, *We would rather see 
 it a Territory to all eternity than joined to New Mexico.' '' 
 
 Gten. A. J. Sampson .used these words : "It would be un- 
 wise, unjust and un-American to force us into the pro- 
 posed Statehood." "In the name of all that is just and 
 
JOINT STATEHOOD MOVEMENT. 109 
 
 right do not try to force us into this unnatural,, inharmon- 
 ious, unholy and un-American wedlock." 
 
 More than a dozen members of that delegation addressed 
 the committee and each in turn said that while they wished 
 for Statehood, yet they infinitely preferred remaining as 
 a Territory to being linked with New Mexico. 
 
 While no such violent language was used in New Mexico, 
 yet the general sentiment of the people of the Territory 
 was thoroughly opposed to jointure. 
 
 What made the plan even more unpalatable to New 
 Mexicans was the proposition to call the new State "Ari- 
 zona." This showed as great an ignorance of history as 
 the proposed union did of geography. 
 
 For Arizona at best only represented what had been a 
 single county of New Mexico, and to impose the name of 
 the daughter on the parent domain, was, at least, a humili- 
 ation. Besides, the name Arizona had no settled meaning 
 and no historic interest. It seems, according to the best 
 authorities, to have been the Pima name of the locality of 
 a mine in northern Sonora, with no known significance and 
 very various spelling; and was used as a name of a new 
 county established by the New Mexico legislature in 1860 
 to include the Gadsden Purchase and adjoining territory. 
 To abandon the historic name of New Mexico was always 
 obnoxious to the New ^Mexican people, for reasons stated 
 ir another chapter. 
 
 But the Joint Statehood Bill having been passed and 
 signed, the practical question was, what to do about it. 
 The national administration in Washington was fully com- 
 mitted to this plan of admission. The Territories were 
 practically threatened by the dominant powers at the na- 
 tional Capitol that if this plan for admission was rejected 
 by the people, it would be long before any new opportunity 
 for Statehood could be obtained. In the minds of most 
 New Mexicans it was a choice between two evils, and the 
 intense desire to escape from the demoralizing conditions 
 almost inseparable from the provincial system, and to 
 enjoy the American right of self-government, prevailed 
 with a great number of citizens. 
 
110 JOINT STATEHOOD MOVEMENT. 
 
 Mr. Eodey stated his own change of opinion and the 
 reasons therefor very plainh' before the House Committee 
 on January 20th, 1906. He said : "It is either Joint State- 
 hood now or else it is a Territorial condition for twenty 
 years to come." "It is my firm and absolute belief that 
 Xew Mexico and Arizona will never come into the Union 
 except as a Joint State, and we might as well come to it 
 now as at any other time." "Three years ago I was shocked 
 at the idea of jointure. But we have found that separate 
 Statehood in modern times is impossible." 
 
 The two political organizations in Xew Mexico, usually 
 too antagonistic to work harmoniously in any cause, 
 through their territorial committees united in an appeal 
 to the people to vote "aye" at the election, for Joint Stater 
 hood. In their joint circular they said : "President Roose- 
 velt lias frankly told us that if we reject this offer we must 
 expect years to pass before we have another. He has 
 a?ked us to accept it. We believe this is true." "If the 
 people of Arizona see fit to reject it, however much we may 
 regret it, that is no reason why Xew Mexico should do so. 
 A decided vote for it by Xew Mexico will undoubtedly 
 hasten the day when we will get Statehood, either joint or 
 single.'' Then follows a full statement as to the donations 
 of public lands, their aid to the public schools, etc., and the 
 circular signed by the ten members of the joint committee, 
 concluded with these stirring words: "And we appeal to 
 every citizen in Xew Mexico to aid by his vote in securing 
 this splendid provision for the education of the children 
 of the State, representation in Congress and full rights 
 of American citizens for all our people." 
 
 It is probable that the almost universal belief that Ari- 
 zona would vote against jointure, and that consequently 
 Xew Mexico could show her desire for Statehood without 
 danger, and place herself in a favorable position for future 
 action in Washington, had influence with some. At all 
 events, the majority in favor of admission under the Joint 
 Statehood Act, at the election of 1906, in Xew Mexico, was 
 a very substantial one, the vote being nearly two to one 
 in the Territory and as high as ten to one in certain coun- 
 ties. It was officially announced as follows : 
 
JOINT STATEHOOD MOVEMENT. Ill 
 
 CANVASS OF VOTE BY COUNTIES ON JOINT 
 
 STATEHOOD QUESTION. 
 
 County. Yes. No. 
 
 Bernalillo 2623 1087 
 
 Chaves . . . ' 1279 308 
 
 Colfax 2177 793 
 
 Dona Ana 1512 290 
 
 Eddy 871 278 
 
 Grant 980 696 
 
 Guadalupe 611 608 
 
 Lincoln 519 500 
 
 Luna 207 170 
 
 McKinley ; 259 89 
 
 Mora 1606 394 
 
 Qtero 795 351 
 
 Quay 572 267 
 
 Eio Arriba 676 2038 
 
 Roosevelt 1020 91 
 
 Sancloval 518 438 
 
 San Juan 763 122 
 
 San Miguel 2503 1688 
 
 Santa Fe 697 1447 
 
 Sierra 307 418 
 
 Socorro 2040 455 
 
 Taos 822 1070 
 
 Torrance 551 275 
 
 Union ; 705 731 
 
 Valencia . . 1582 122 
 
 26195 14735 
 Majority for Joint Statehood 11,460 
 
 The following were the delegates elected in New Mexico 
 to the Constitutional Convention : 
 
 Bernalillo County Federico Chaves, F. W. Clancy, T. 
 H. Duran, G. S. Klock, E. S. Stover. 
 
 Chaves County J. W. Poe, G. A. Richardson. 
 
 Colfax County M. M. Dawson, P. G. Santistevan, 
 Charles Springer, Jerome Troy. 
 
112 JOINT STATEHOOD MOVEMENT. 
 
 Dona Ana County L. F. Elliot, Jose Gonzales, R, E. 
 McBride. 
 
 Eddy County E. P. Bujac. 
 
 Grant County J. L. Burnside, T. W. Carter, R. P. 
 Thompson. 
 
 Guadalupe County Celso Baca, F. B. Morse. 
 
 Lincoln County J. Y. Hewitt, G. W. Prichard. 
 
 Luna County J. N". Upton. 
 
 McKinley County Edward Hart. 
 
 Mora County C. Fernandez, Frank A. Roy, Bias San- 
 chez, G. P. Sanchez. 
 
 Otero County J. M. Helm, J. L. Lawson. 
 
 Quay County C. C. Davidson. 
 
 Rio Arriba County T. D. Burns, J. M. C. Chaves, E. 
 A. Jaques, L. B. Prince, M. S. Salazar. 
 
 Roosevelt County George L. Reese. 
 
 Sandoval County Manuel Armijo, Paulin Montoya. 
 
 San Juan County Jay Turley. 
 
 San Miguel County Roman Gallegos, Jefferson Ray- 
 nolds, Margarito Romero, W. R. Tipton, R. E. Twitehell, 
 Enrique Sena, Isidro V. Gallegos. 
 
 Santa Fe County J. W. Akers, T. B. Catron, David 
 M. White, J. A. Wood. 
 
 Sierra County H. A. Wolford. 
 
 Socorro County H. 0. Bursum, M. Cooney, Porfirio 
 Sanchez, A. A. Sedillo. 
 
 Taos County Jose I. Garcia, Epimenio D. Leon, A. C. 
 Pacheco. 
 
 Torrance County F. A. Zamora. 
 
 Union County 0. P. Easterwood, E. Sandoval, M. B. 
 Sisneros. 
 
 Valencia County Higinio Chaves, Manuel P. y Chaves, 
 Boleslo Romero. 
 
 Arizona voted "No" on the Joint Statehood proposition, 
 by an overwhelming vote, as had been expected; and that 
 negative vote ended all further proceedings under .the Joint 
 Statehood Act. 
 
PROPOSED CONVENTION OF 1907. 118 
 
 CHAPTER XVIII. 
 
 PEOPOSED CONVENTION OF 1907. 
 
 With careful foresight preliminary measures had been 
 taken in advance of the election, to take advantage of ex- 
 actly the situation which actually did occur, by arranging 
 that in case Arizona declined the proffered partnership, 
 but New Mexico voted for Statehood, the New Mexican 
 delegates should meet and formulate a constitution for that 
 State alone, and present it in Washington with a request 
 for admission under it. 
 
 The advantages of this course were obvious to everyone 
 informed as to the history of the admission of Territories. 
 Much of the opposition in Congress to the passage of the 
 Enabling Act was founded, either really or as a pretext, 
 on doubts as to the character of Constitution that the 
 Territory would adopt, and this objection would be entirely 
 avoided by presenting the Constitution in advance. The 
 only practical objection to holding such a convention was 
 the fact that, as it was a voluntary meeting not contem- 
 plated by the Act of Congress, there would be no salary 
 attached to the service, and the work would be a patriotic 
 labor of love. It was thought, however, that for such 
 an important service, and with the goal of immediate State- 
 hood in view, nearly if not quite all of the delegates elected 
 would be willing to attend. 
 
 Looking forward to the desirability of such action, the 
 Republican Territorial Convention held just previous to 
 the election, in Las Vegas, unanimously adopted the fol- 
 lowing resolution, offered by Hon. L. B. Prince: 
 
 "Resolved, That in case the Hamilton Statehood Bill 
 fails to become operative through the adverse vote of the 
 people either of Arizona or New Mexico, we recommend 
 and urge that the 66 delegates elected in New Mexico to 
 the constitutional convention, should assemble in the Capi- 
 tol on January 7, 1907, and formulate a constitution for 
 the State of New Mexico; and we further urge that the 
 territorial legislature enact a law submitting said consititu- 
 
114 PROPOSED CONVENTION OF 1907. 
 
 tion to the vote of the people, and if approved by them, 
 providing for its presentation to Congress, with a request 
 for the admission of Xew Mexico into the Union as a State 
 thereunder." 
 
 Precisely the circumstances contemplated by the reso- 
 lution having arisen, a considerable number of the dele- 
 gates, representing all sections of the Territory, met at the 
 Capitol in Santa Fe on January 7th, 1907, and organized 
 by the election of L. B. Prince of Eio Arriba County, as 
 president, and David M. White of Santa Fe, as secretary. 
 Letters were received from a large number of absent dele- 
 gates stating that they would attend as soon an active busi- 
 ness was commenced. Letters were also read from a num- 
 ber of leading II. S. Senators expressing great interest in 
 the work of the convention and urging the early formation 
 and presentation of a constitution. The Governors of Colo- 
 rado, Oregon,' Wisconsin, Xorth Dakota and other States 
 sent copies of their constitutions and other documents, with 
 their good wishes. A telegraphic dispatch was received 
 from the President of the Constitutional Convention of 
 Oklahoma, then in session, conveying the greetings of that 
 body, and this was followed up by the resolutions in full, 
 sent by mail and received shortly thereafter as follows: 
 
 WHEEEAS, the people of Oklahoma earnestly sympa- 
 thize with the desire of the people of Xew Mexico for in- 
 dependent statehood, 
 
 Therefore, be it resolved, We congratulate the delegates 
 elected by the people of Xew Mexico upon their determina- 
 tion to draft a constitution for the State of Xew Mexico, 
 and hereby tender them our cordial sympathy. 
 
 We believe that Xew Mexico is entitled to Statehood as 
 of right ; that the denial of Statehood to the people of Xew 
 Mexico is a serious wrong. 
 
 We believe that the denial of Statehood to Xew Mexico 
 would be an injury, not only to the great West, but to the 
 Union itself. 
 
 That the president telegraph the greetings of this con- 
 vention to the Xew Mexico Constitutional Convention. 
 JXO. M. YOUXG, WILLIAM H. MURRAY/ 
 
 Secretary. President. 
 
PROPOSED CONVENTION OF 1907. 115 
 
 After a full discussion of the situation,, it was resolved 
 to adjourn to February 5th, when the legislature would be 
 in session; and the following resolutions were adopted: 
 
 RESOLUTION. 
 
 WHEREAS, the delegates elected by the people of New 
 Mexico to the proposed joint constitutional convention of 
 New Mexico and Arizona did on January 7th, 1907, con- 
 vene and assemble at Santa Fe, New Mexico, for the pur- 
 pose of drafting an independent constitution for the peo- 
 ple of New Mexico, with a view to its submission to Con- 
 gress with a demand for immediate admission of New 
 Mexico, as a State of the Union. 
 
 Whereas, The people of New. Mexico have demonstrated 
 their desire for Statehood in the most emphatic manner 
 at the recent election, by giving a vote of 26,195 against 
 14,735, in favor thereof, under very adverse conditions; 
 and the total vote of over 43,000 cast at that election, 
 proves that the present population of the territory is more 
 than ample for separate New Mexico statehood. 
 
 Resolved, That we are willing and ready to perform our 
 part in the preparation of a constitution for New Mexico 
 at such time as shall appear most proper and convenient. 
 
 Resolved, by this meeting of delegates duly elected from 
 New Mexico to the Constitutional Convention provided 
 for in the Act of Congress commonly called the Hamilton 
 Bill, that in our opinion the admission of New Mexico as 
 a State can be greatly facilitated and hastened by the 
 adoption of a proper constitution and its presentation to 
 Congress with a request for admission thereunder. 
 
 Resolved, That a committee, representing all sections, 
 be appointed to confer with the territorial legislature soon 
 to convene, as to the best time and method of holding the 
 session for the formulation of such constitution, and to 
 take such measures as appear best for the promotion of the 
 object. 
 
 At the February meeting, a large number of delegates 
 who could not attend in January, were present. All rec- 
 ognized the importance of framing a constitution as soon 
 
116 PROPOSED CONVENTION OF 1907. 
 
 as practicable, in order to secure early Congressional ac- 
 tion, but there was considerable discussion as to the desir- 
 ability of asking the legislature to make an appropriation 
 for the necessary expenses of the convention. Many dele- 
 gates were willing to serve without salary, but recognized 
 the injustice of asking those not pecuniarly able, to pay 
 their expenses in 'addition to devoting their time to the 
 cause. Mr. Klock wished to pay his own expenses, but Mr. 
 Davidson of Quay County suggested the injustice of that 
 course to delegates having long distances to travel. Mr. 
 Eeese of Roosevelt, by letters, agreed with this latter view. 
 Gov. Stover thought that it was only fair to pay necessary 
 expenses and this appeared to be the general opinion. Mr. 
 Catron moved that a committee of seven be appointed to 
 prepare a bill for the legislature, looking to a meeting of 
 the convention in August, and to confer with members of 
 that body relative to its provisions and passage. This 
 committee consisted of Messrs. Catron, Stover, Bursum, 
 Boleslo Romero, G. P. Sanchez, Jose Gonzales and D. M. 
 White. 
 
 For reasons difficult to understand, no further action 
 was taken. The legislature was a very busy one and large- 
 ly occupied by political contentions, and gave the subject 
 scant attention. While the "Xew Mexican," the Albuquer- 
 que "Citizen," and many local papers earnestly supported 
 the plan of forming a constitution, the Las Yeags "Optic" 
 and some other journals which apparently thought an en- 
 abling act was necessary and did not remember that more 
 than half the Territories had been admitted on their own 
 application without prior action of Congress, opposed the 
 meeting of the convention. After the legislature had failed 
 to act, the Governor was asked to name a time for the 
 assembling of the delegates, in order to give the convention 
 his official sanction, but this also failed. 
 
 Thus again the opportunity for almost immediate admis- 
 sion was lost. Every one has since realized that if the 
 delegates had gone on with their work and prepared a 
 constitution, and the matter could thus have been pre- 
 sented to Congress in the succeeding winter, free from 
 
PROPOSED CONVENTION OF 1907. 117 
 
 uncertainty as to the character of the government which 
 would be established, N~ew Mexico would have become a 
 State in 1908, and in time to vote at the presidential elec- 
 tion of that year. What is almost equally important is, 
 that the constitution would have been framed quietly and 
 deliberately, without clamor, coercion or excitement, and 
 would almost certainly have been a model instrument, em- 
 bodying the best systems founded on modern experience, 
 without the theories which still lack the sanction of prac- 
 tical operation under various conditions. 
 
 Before leaving this subject, it is simply just to name 
 the delegates ^ho attended the meetings and showed active 
 interest in the work, together with those who were per- 
 haps equally zealous in the good cause, and promised to at- 
 tend whenever needed, but did not think it necessary to 
 be present until the real work should be commenced. 
 
 Beside President Prince of Eio Arriba County and Sec- 
 retary White of Santa Fe, they were as follows taken in 
 their order by counties : 
 
 E.-S. Stover, M. S. Salazar, 
 
 F. W. Clancy, G. L. Reese, 
 
 G. S. Klock, Jay Turley, 
 
 Jose Gonzales, Margarito Romero, 
 
 Celso Baca, Jefferson Raynolds, 
 
 F. D. Morse, W. R. Tipton, 
 
 G. W. Prichard, T. B. Catron, 
 Edward Hart, J. W. Akers, 
 C. Fernandez, H. 0. Bursum, 
 G. P. Sanchez, J. I. Garcia, 
 
 C. C. Davidson, E. D. Leon, 
 
 J. M. C. Chavez, A. C. Pacheco, 
 
 E. A. Jaquez, Boleslo Romero, 
 
 Mr. Romero, of Valencia, also assured the convention 
 that his two colleagues from that county, would certainly 
 attend when wanted. 
 
I 
 118 CONGRESSIONAL ACTION 1901 TO 1910. 
 
 CHAPTER XIX. 
 
 CONGRESSIONAL ACTION, 1901 TO 1910. 
 
 Hon. Bernard S. Rodey was delegate from New Mexico 
 in both the 57th and 58th Congresses, which extended 
 from 1901 to 1905. 
 
 To say that he was devoted to the cause of Statehood 
 is to state the case mildly. He was enthusiastically de- 
 voted to it. He set before himself as the one great object 
 to be attained during his Concessional service, the passage 
 of an Enabling Act for New Mexico. Everything else was 
 subordinated to it, in order that this particular matter 
 could have undivided attention. 
 
 In Washington and New Mexico, in hotels and on rail- 
 road trains, in public speech and in conversation, in sea- 
 son and out of season, this was his one great theme; and 
 nothing could weary him so long as there was an argument 
 to answer or an auditor to convince. 
 
 At the very outset of his Congressional work, at the 
 opening of the 57th Congress, he endeavored to arrange 
 with the Speaker so that the New Mexico Statehood bill 
 should be the first introduced in that session, and actually 
 succeeded in having it recorded as House Bill No. 2. The 
 bill, as usual, went to the Committee on Territories. 
 
 Unfortunately there was great activity relative to the 
 territories at this session. While but three of the regular- 
 ly organized territories still existed, each was making heroic 
 efforts to be admitted to the Union and each was selfishly 
 anxious to be the first to receive consideration. Among 
 the Statehood bills then in the Committee on Territories 
 were No., 2, the New Mexico bill just named ; No. 152, an 
 Enabling Act for Oklahoma; No. 2015, a similar bill for 
 Arizona; No. 4570, authorizing single Statehood for Okla- 
 homa and Indian Territory; No. 9675, providing for the 
 union of Oklahoma and Indian Territory; No. 11992, an- 
 other bill for Arizona singly; No. 11995, a similar bill for 
 New Mexico ; and No. 12543, "to enable the people of Ok- 
 lasoma, Arizona and New Mexico to form constitutions 
 
CONGRESSIONAL ACTION 1901 TO 1910. 119 
 
 and state governments, and be admitted into the Union 
 on an equal footing with the original states." 
 
 On April 1, 1902, the committee,, through Mr. Knox, re- 
 ported in favor of the latter measure, thus uniting all the 
 territories in one omnibus bill. (Report No. 1309). In 
 this shape it passed the House on May 9th and was re- 
 ceived by the Senate on May 12th. 
 
 It was at this stage of the long struggle, that Senator 
 Quay of Pennsylvania became such an ardent champion 
 of New Mexico, that the grateful people through their 
 legislature named one of their counties for him. 
 
 From this time as long as he remained in the Senate 
 he was always not only the consistent friend but the out- 
 spoken advocate of the Sunshine Territory, and gave its 
 cause in the Senate a power that it never before had pos- 
 sessed. In the very beginning of the second session of 
 this Congress December, 1902 came the first clash be- 
 tween Senator Quay and Senator Beveridge on the subject 
 of this bill; Senator Beveridge wishing a postponement 
 and Senator Quay urging immediate action. "If we are 
 to have a fight," said the latter, "we may as well have it 
 this afternoon." 
 
 The plan of the opponents of New Mexico at this time 
 was to drop New Mexico and Arizona from the bill and 
 pass it for Oklahoma alone. 
 
 On December 15th, 1902, Senator Bate presented a min- 
 ority report signed by himself and Senators Heitfeld, 
 Bailey and Patterson (Report No. 2206) favoring the 
 passage of the House bill as it stood and ably arguing the 
 cause of New Mexico and opposing its exclusion from the 
 bill. This report quoted at considerable length from a 
 recent speech of Senator Quay. 
 
 The discussion continued to the end of the session on 
 March 4th, all attempts to secure a final vote having 
 failed. On February 19th, Senator Elkins made an ex- 
 cellent speech in favor of New Mexico and its people. He 
 spoke from his own experience in the Territory not only 
 of the prevalent conditions and the character of the peo- 
 ple, but bore testimony as to the wretched system of Ter- 
 
120 CONGRESSIONAL ACTION 1901 TO 1910. 
 
 ritorial government. "Xo man who has not lived in a 
 Territory can understand how dwarfing are the conditions 
 that obtain. I lived in Xew Mexico ten years and I know 
 how intolerable are the burdens of a Territorial govern- 
 ment. A Territory is simply a temporary arrangement, a 
 probation period/' 7 
 
 The end of the session of course destroyed the hopes of 
 immediate Statehood and left the work to be begun again 
 in the next Congress; and so far as Xew Mexico was con- 
 cerned, the history of the 58th Congress was very similar 
 to that of the 57th. Mr. Eodey was equally zealous as in 
 the preceding Congress; but even his enthusiasm could 
 not produce the desired effect; and the sessions were bar- 
 ren of result. 
 
 The question of forming one State by uniting Xew 
 Mexico and Arizona, became prominent at this time, the 
 bill which elicited most debate being H. R. 14749, which 
 was an enabling act for Oklahoma and the Indian Terri- 
 tory as one State, and for Xew Mexico and Arizona as one 
 State. On this, Senator Beveridge made a notable speech, 
 entitled "Arizona the Great/ 7 in closing the discussion 
 on February 6, 1905, in which he pictures the glory of the 
 combined State in these eloquent words : "Xot Arizona the 
 little, but Arizona the great; not Arizona the provincial, 
 but Arizona the national; not Arizona the creature of a 
 politician 7 s device, but Arizona the child of the Xation 7 s 
 wisdom. 77 
 
 In 1905, Hon. W. H. Andrews became delegate from 
 Xew Mexico, and took up the work of the Struggle where 
 it had been left by his predecessor. Mr. Andrews was no 
 less anxious for Statehood than Mr. Rodey; but his meth- 
 od of operation was entirely different. He Avas never 
 known to make a regular "speech, 77 except of the shortest 
 description; but as a quiet and convincing conversation- 
 alist he had few equals. From long experience in legisla- 
 tive bodies he had learned that quiet, individual work is 
 the most effective, and he employed this method assidu- 
 ously. His close connection with Senators Quay and Pen- 
 rose and the Pennsylvania delegation gave him an influ- 
 
CONGRESSIONAL ACTION 1901 TO 1910. 121 
 
 ence that was very valuable, and which was constantly 
 used to advance the cause of New Mexican statehood. 
 
 On December 13th, 1905, Mr. Andrews introduced H. 
 E. 7042, an Enabling Act with the usual title, which took 
 the customary course of reference to the Committee on 
 Territories. Soon afterwards, on January 20, 1906, Mr. 
 Hamilton, chairman of the committee, presented a bill 
 quite similar to the one discussed during the preceding 
 session, to enable Oklahoma and the Indian Territory to 
 become one State, and New Mexico and Arizona another; 
 and this passed the House almost immediately, on Janu- 
 ary 25th. At the opening of the second session of this 
 Congress (the 59th) Senator Teller introduced a bill for 
 separate Statehood for New Mexico (Senate 7079) ; the 
 jointure project having been rejected by the vote of Ari- 
 zona in November; and as there was no chance for action 
 at that time, he re- introduced the same bill at the begin- 
 ning of the next Congress on December 4, 1907^ (Senate 
 515, 60th Congress). 
 
 Two days before, on December 2nd, the first day of the 
 session, Delegate Andrews introduced a single Statehood 
 bill for New Mexico, in the usual form (House Bill No. 
 4). At his request Senator Penrose presented the same 
 bill in the Senate on December 9th (Senate 1484). It 
 was on this House bill that the hearing was held on Janu- 
 ary 29, 1908, referred to elsewhere. Practically the same 
 bill was re-introduced at the beginning of the short ses- 
 sion of that Congress, December 8th, 1908; as that was 
 the time when action had been promised a year before by 
 certain officials in Washington; but as usual that promise 
 turned out to be only a subterfuge for delay. 
 
 On February 3rd/1909, Hon. E. L. Hamilton, of Michi- 
 gan, chairman of the House Committee, who deserves a 
 warm spot in the heart of every New Mexican on account 
 of his constant friendliness to the Territory, introduced 
 House Bill No. 27607 of the 60th Congress, being an en- 
 abling act for New Mexico and one for Arizona, combined 
 in one bill, but entirely separate in their operations. This 
 was the conclusion of the House Committee on the subject 
 
122 CONGRESSIONAL ACTION 1901 TO 1910. 
 
 of Statehood for the Territories, after various hearings and 
 full consideration during the greater part of two sessions 
 of Congress; and was as satisfactory to New Mexico as 
 could be expected. Of course it could not be passed in 
 the few remaining weeks of that Congress, but it presented 
 a good foundation for work and success in the succeeding 
 year. 
 
 When the 61st Congress met, in December, 1909, Mr. 
 Andrews again represented New Mexico, having been re- 
 elected mainly on the Statehood issue. He pursued the 
 course of wisdom by co-operating with the House Commit- 
 tee on Territories, with the result that on January 17, 
 1910, the so-called Hamilton Bill H. R. 18166 was 
 passed by the House of Representatives without opposition. 
 It was received in the Senate the next day and referred to 
 the Committee on Territories. 
 
 It was well known that Senator Beveridge had in mind 
 a number of provisions varying from those in the Hamil- 
 ton Bill, and his ideas took official shape in a bill intro- 
 duced in the Senate on January 31, by Senator Dilling- 
 ham "for Mr. Beveridge" who was absent from Washing- 
 ton. This bill, known as Senate 5916, had exactly the same 
 title as that of the Hamilton Bill, and was immediately 
 referred to the same committee. 
 
 Thanks to strong influences outside of Congress, pre- 
 eminent among which was that of President Taft, who in- 
 sisted that the pledge contained in the Republican Nation- 
 al Platform should be fulfilled by the admission of the 
 Territories, there was now little outspoken opposition to 
 Statehood for either New Mexico or Arizona; and the 
 Senate Committee, having both bills before it, was in a 
 position to settle all details. Various hearings were held, 
 including that of February 18th, referred to in another 
 Chapter, and the committee gave careful attention to the 
 subject until March 14th, when Mr. Beveridge made a re- 
 port, using the Hamilton Bill (H. B. 18166) as its basis, 
 but striking out all of that bill and substituting the Bev- 
 eridge bill with a few slight amendments. 
 
 This report put the bill on the calendar as No. 388, 
 
CONGRESSIONAL ACTION 1901 TO 1910. 123 
 
 and brought the matter squarely before the Senate. Good 
 faith and good temper characterized the final disposition 
 of this great subject. 
 
124 FINAL SUCCESS. 
 
 CHAPTEK XX. 
 
 FINAL SUCCESS. 
 
 For three months the Statehood Bill remained on the 
 calendar of the Senate, and until June 15th there was al- 
 ways a doubt as to the final result. As time passed Con- 
 gress became restless at the length of the session, and the 
 members expressed great anxiety for an adjournment not 
 later than Saturday, June 18th. Several times the con- 
 sideration of the Statehood Bill had been postponed in 
 order to allow other measures of national importance to be 
 taken up, and the last of these was what was known as 
 the Conservation Bill. While the action of the Committee 
 on Territories appeared to be in good faith, yet there were 
 still many who were suspicious of its real desire for the 
 passage of the bill. 
 
 At length, on June loth, at half past five in the after- 
 noon, the Conservation Bill Avas passed; the Statehood 
 Bill was immediately announced, and as the hour was 
 late, by general agreement it was made "unfinished busi- 
 ness/' which would bring it up at two p. m. on every day 
 until finally disposed of; and the Senate then adjourned. 
 
 On the succeeding day at exactly two o'clock Vice- 
 President Sherman laid the Statehood (Bill before the Sen- 
 ate as the subject then in order. Senator Beveridge as 
 chairman of the Committee on Territories, explained the 
 proposed amendments embodied in the Senate Bill. The 
 most important was that which required the Statehood 
 elections in Arizona to be held under the territorial law 
 as it existed before the disfranchising statute of the last 
 legislature ; others related to the donations of public lands, 
 to the payment of territorial and local debts, etc. 
 
 He was followed by Senators Frazier, kelson, Hughes 
 and Smoot. All were in favor of Statehood, but the dem- 
 ocratic Senators preferred the Hamilton or House Bill. 
 Senator Frazier, speaking for the democrats on the com- 
 mittee, opposed the Senate substitute because it sought to 
 fix the qualifications of voters in Arizona. Senator Hughes 
 
FINAL SUCCESS. 125 
 
 also advocated the House (Bill because it did not place so 
 many restrictions on the new States as were contained in 
 the Senate Bill. Senator Smoot insisted on immediate ad- 
 mission and said that even if both new States were to be 
 democratic he would favor their admission as a right. 
 
 The only division was as to preference for the Senate or 
 the House Bill. The vote on this question was by strict 
 party lines, the republicans voting for the Senate Bill and 
 the democrats for the House Bill, the result being 42 to 
 19 in favor of the former. On the final vote on the passage 
 of the bill, the vote was unanimous ! 
 
 While this result was extremely gratifying, there was 
 still much apprehension felt as to the result in case the 
 House declined to concur in the Senate amendments and 
 insisted on a conference. The latter was the usual course 
 of procedure, and it was freely asserted that the two 
 Houses would never agree. In fact, it was intimated that 
 the action of the Senate would not have been so harmon- 
 ious but for the general belief that the House would non- 
 concur. 
 
 Here again the President did good service to New Mex- 
 ico. He held conferences with several influential mem- 
 bers of the House, including Chairman Hamilton, and 
 iirged that the Senate amendments should be concurred 
 in without conference. His influence was very effective, 
 and many who preferred the House Bill agreed to sink 
 their personal desires in order to avoid any risk as to the 
 final passage of the bill. The President was also anxious 
 to have early action in order that the bill might be signed 
 before his contemplated journey to the Yale Commence- 
 ment on Monday, the 20th. Another factor that contrib- 
 uted to this action was the desire for an early adjourn- 
 ment of Congress, and the certainty that a conference, fol- 
 lowed by a disagreement, would bring about a long debate- 
 that would greatly retard the close of the session. 
 
 Mr. Andrews, upon whose judgment many relied, con- 
 cluded that now that success was actually within its grasp, 
 it was better for the Territory to accept the Senate amend- 
 ments and end the matter forever, than to run any risk 
 
126 FINAL SUCCESS. 
 
 of failure through a disagreement of the Houses. Govern- 
 or Mills, who was in Washington at the time, concurred 
 in this view and telegraphed on the 17th that the House 
 would probably accept the action of -the Senate. On that 
 day the bill still lay on the table of the Speaker, not yet 
 announced. 
 
 Shortly after two o'clock, on the afternoon of Saturday, 
 June 18th, Speaker Cannon laid the bill as amended in 
 the Senate before the House. There was a moment of sup- 
 pressed excitement, and then Mr. Lloyd of Missouri, the 
 senior democratic member of the committee, rose and said 
 that while he was not entirely satisfied with the Senate 
 Bill, yet in order to insure immediate Statehood for the 
 Territories he would not oppose it. Instantly, Mr. Ham- 
 ilton, the committee chairman, moved to concur in the 
 Senate amendments. Shouts of "vote, vote," arose from 
 all sides of the House. The question was put, viva voce, 
 there being no demand for a roll call, and the House con- 
 curred by a unanimous vote ! 
 
 The deed was done ! The long conflict of sixty years was 
 over ! Members crowded around Delegate Andrews to offer 
 congratulations. All knew that the passage of this bill 
 had been the object of his labors for years and that this 
 was the happiest moment of his life. 
 
 The good news was flashed to Santa Fe, and in a moment 
 by direction of Acting Governor Jaffa, the national flag 
 was unfurled on the tall staff at the corner of the historic 
 Palace, and following the lead of the "New Mexican," 
 where the news was first received, all the buildings on the 
 Plaza were quickly covered with red, white and blue. 
 
 AT LAST. 
 
 That was on Saturday. 
 
 'The President had signified his desire to affix the sig- 
 nature which would give legal vitality to the bill and trans- 
 form it into a Law, before leaving Washington on Mon- 
 day : so, all the preceding formalities were hastened. 
 
 On Monday moaning, notwithstanding its length, the 
 Statehood Bill was properly enrolled and ready for the 
 official signatures. As soon as the House assembled it was 
 
FINAL SUCCESS. 127 
 
 signed by Speaker Cannon; then it was hurried to the 
 Senate chamber, where the Vice-President affixed his auto- 
 graph at exactly half past twelve. 
 
 From the Capitol it was quickly conveyed to the White 
 House, where the President was ready to act. Here were 
 assembled several of those who had been most active in 
 achieving its success, with such representatives of the two 
 Territories as were in the National Capital. The House 
 Committee was represented by Chairman Hamilton, whose 
 self-abnegation in allowing the Senate Bill to be substitut- 
 ed for his own should not soon be forgotten, and by Kep- 
 resentatives Guernsey and Cole. The Senate Committee 
 was appropriately represented by its chairman, Senator 
 Beveridge. Postmaster General Hitchcock, who had ren- 
 dered efficient aid, represented the Cabinet. Delegate An- 
 drews from New Mexico, and Delegate Cameron from Ari- 
 zona, the actual representatives of the newly enfranchised 
 commonwealths were prominent, and beside them were 
 Thomas B. Catron, of Santa Fe, H. I. Latham of Phoenix, 
 and J. T. Williams of Tucson, with Ira M. Bond, the 
 well known New Mexican correspondent, and others in- 
 terested. 
 
 The President said a few words of congratulation, and 
 then proposed to affix his official signature. The Post- 
 master General presented a gold pen, with the request that 
 ic should be used, and Delegate Andrews produced the 
 unique gold-banded quill taken from the great American 
 eagle captured in Taos, and furnished for the occasion, in 
 its beautiful case, as a patriotic service by George B. Pax- 
 ton, when he had no thought that Death would forbid his 
 presence at the ceremony. The President wrote half of 
 the signature with the former and the remainder with the 
 ktter; returning the pens to the donors as mementoes of 
 this great historic occasion. 
 
 The White House clock stood at 1:40 p. m. 
 
 That signature ended the drama of the "Struggle for 
 Statehood." There had been more than fifty Statehood 
 Bills in the sixty years of effort. Those few penstrokes 
 transformed a Statehood Bill into a Statehood Law. 
 
128 FINAL SUCCESS. 
 
 The people of Xew Mexico were no longer serfs but 
 Freemen; no longer subjects but Citizens; no longer to be 
 treated as aliens but as Americans. 
 
 HALLELUJAH ! 
 
rst (Congress of % Sratcb Stales of 
 
 &t the ecmI Cession, 
 
 Begun and held at the City of Washington on Monday, the sixth day of IX-ct-,,,!. r onr 
 thousand nine hundred aad nine. 
 
 ACT 
 
 To enable the people of New Mexico to form a constitution and stair 
 government and be admitted into the Union on an equal footing with tli> 
 original States; and to enable the people of Arizona to form a constitution 
 and state government and be admitted into the Union on an equal footing 
 with the original States. 
 
 Be it enacted by the Senate and Haute oj Representatives oj the r,nil 
 State* of America in Congress osswniW, That the qualified elector* of tlir 
 Territory of New Mexico are hereby authorized to vote for and chooee delegate* to 
 form a constitutional convention for said Territory for the purpose of framing 
 a constitution for the proposed State of ItoW Mexico. Said convention shall 
 consist of one hundred delegates; and the governor, chief justice, and secretary 
 of said Territory shall apportion the delegates to be thus selected, as nearly aa 
 may be, equitably among the several counties thereof in accordance with the 
 voting population, as shown by the vote cast at the election for Delegate in 
 Congress in said Territory in nineteen hundred and eight: ProvuM, That in 
 the event that any new counties shall have been added after said election, the 
 apportionment for delegates shall be made projwrtionate to the vote cast within 
 the various precincts contained in the area of *u< h m>w counties no created, 
 and the proportionate number of delegates so apportioned thai! tx> deducted 
 from the original counties out of which such counties shall have been utals4. 
 
 The governor of said Territory shall, within thirty days after the approval 
 of this Act, by proclamation, in which the aforesaid apportionment of delegates 
 to the convention shall be fully specified aad announced, order an election of 
 the delegates aforesaid on a day designated by him in said proclamation, not 
 earlier than sixty nor later than ninety 4tf after the approval of this Act. 
 i for delegate* shall be held aad conducted, the return* made, and 
 of persons elected to such oosYention issued, s* Dearly a* may 
 to, in the same aanner as is prescribed by the bm of said Territory regulating 
 therein of members of the legislature existing at the time of the last 
 
 Statehood Act of 1910. First Page. 
 
A* tvmeet f fto Oof* far i -! f 
 t fii* MM ntti &* M pi* to 
 
 t wpeod^l and- the dinette ftt Sacwtetf rf A* In*kr, aa* dwB W 
 bnmded to be tanlly expended ia tfae prwent Territory of Aflmtt. tkttmgii 
 
 thewwtarj ofid Territory. M y l mnemij taaA proper in Unx&KrvtioA 
 of th Seen^wy of 0e Interior, in attfar to oeny * U> Wl istetK )ttdl meviiaf 
 
 United Statm md 
 
 Statehood Act of 1910. Last Page.