New Mexico. Convention (1849).

Journal of New Mexico convention of delegates to recommend a plan of civil government. September, 1849 online

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HISTORICAL SOCIETY



OF



NEW MEXICO.



NO. 10.



JOURNAL

OF

NEW MEXICO
CONVENTION OF DELEGATES

TO RECOMMEND A PLAN OF

CIVIL GOVERNMENT.

SEPTEMBER, 1849.



SANTA FE, N. M.

THE NEW MEXICAN PRINTING COMPANY
1907



HISTORICAL SOCIETY



OF



NEW MEXICO.



NO. 10.



JOURNAL

OF

NEW MEXICO
CONVENTION OF DELEGATES

TO RECOMMEND A PLAN OF

CIVIL GOVERNMENT.

SEPTEMBER, 1849.



SANTA FE, N. M.

THE NEW MEXICAN PRINTING COMPANY
1907



This is a reprint of Miscellaneous Document No. 39,
House of Representatives, 31st Congress, 1st Session.

The x document is headed, "February 25, 1850. Referred
to the Committee on Territories and ordered to be printed."



In making this copy the original document has been
followed as to spelling, etc., even where obviously incor-
rect, as "Salbador" for Salvador, and "Mariana Sylba"
for Mariano Silva.



OFFICERS

OF THE

HISTORICAL SOCIETY OF NEW MEXICO.
1907.

President Hon. L. Bradford Prince, LL. D.

Vice President Hon. William J. Mills

Recording Secretary William M. Berger

Corresponding Secretary Ernest A. Johnston

Treasurer Max. Frost

Curator Henry Woodruff



LIFE MEMBERS.



1881
William G. Ritch.*

1883
L. Bradford Prince, LL. D.

1885
William W. Griffin.*

1887
Francisco A. Manzanares.*

1889

L. P. Browne,*
Jefferson Raynolds.
Ruel M. Johnson.*
William A. Vincent.
Wilson Waddingham.*
Mariano S. Otero.*
Nicolas T. Armijo.*
Angus A. Grant.*
Joshua S. Raynolds.
Wm. C. Hazeldine.*
Numa Reymond.
Russell Marcv.

1890

Pedro Y. Jaramillo.*
Jose E. Chavez.
Samuel P. Foster.*
Gustav Billing.*
Eutimio Montoya.
Thomas B. Catron.
J. Pablo Gallegos.*



1890

Charles H. Gildersleeve.
Mariano Barela.*
C. H. Dane.
Walter C. Hadley *

1891

H. B. Fergusson.
Charles B. Eddy.
Abram Staab.
W. A. Hawkins.
Mrs. Louisa Bristol,
nrank Springer.
Rufus J. Palen

1892

William T. Thornton.
Richard Mansfield White.

1895
Thomas Lowthian.*

1896

Antonio Joseph.
Felipe Chaves.*
Henry C. Carter.

1902

William M Berger.
Solomon Spiegelberg.

1907

Felix Martinez.
Solomon Luna.
Nestor Armijo.



'Deceased.



PUBLICATIONS OF THE SOCIETY.

No. 1. 1881 Inaugural Address of Hon. W. G. Kitch.
No. 2. 1882 "Kin and Clan," by Adolph F. Bandelier.

Wo. 3. 1896 "The Stone Idols of New Mexico." (Illus-
trated.)

No. 4. 1903 "The Stone Lions of Cochiti," by Hon.
L. Bradford Prince.

No. 5. 1904 Biennial Report; English.

No.. 6. 1904 Biennial Eeport; Spanish.

No. 7. 1906 "The Franciscan Martyrs of 1680."

No. 8. 1906 The Defeat of the Comanches in 1715.

No. 9. 1907 Biennial Eeport.

No. 10 1907 Journal of New Mexico Convention of
September, 1849.



JOURNAL AND PROCEEDINGS

OF A

CONVENTION OF DELEGATES



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 ask-
ing the action of Congress thereon.

At a 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
proclamation of Lieutenant Colonel Beall, civil and mili-
tary commandant of the Territory of New Mexico, in
the absence of Lieutenant Colonel J. M. Washington,
civil and military governor, the following, among other
proceedings, were had.

Monday Morning, September 24, 1849.
On motion of Antonio Jose Otero, Tomas Baca was
called to the chair, and James H. Quinn, Esq., was re-
quested to act as secretary pro tern.

The roll being called, the following gentlemen appeared
and answered to their names :

From the county of
Bernalillo Manuel Armijo y Mestas, Ambrosio Armijo

y Ortiz.

Rio Arriba Joseph Nangle. Salbador Lucero.
San Miguel Gregorio Vigil, Manuel Antonio Baca.
Santa Ana Miguel Montoya, Francisco Tomas Baca.
Santa Fe Manuel Alvarez, E. Yaudry Deroin, W. Z.

Angney.
Taos Ceran St. Vrain, Antonio Jose Martin, Antonio

Leroux.

Valencia Juan Jose Sanches, William Curtis Skinner,
Mariana Sylba, Antonio Jose Otero, Manuel
Antonio Otero.



6 CONVENTION^OF DELEGATES, 1849.

On motion of Ceran St. Vrain, the convention proceed-
ed to the election of president, when the roll being called,
the Eev. Cura Antonio Jose Martinez was unanimously
elected president of the convention.

On motion of Mr. Skinner, the convention proceeded to
the election of secretary.

Mr. Skinner nominated James H. Quinn, Esq.

The roll being called, the vote stood as follows:

For J. H. Quinn 15.

For Wm. J. Pillon 4.

Mr. Quinn, having received a majority of all the votes
given, was declared duly elected ; was qualified, and entered
upon the discharge of his duties.

On motion of Joseph 1ST angle, E. J. Vaughn was unani-
mously elected doorkeeper.

On motion of Joseph Wangle, a committee of three was
appointed by the chair to examine the credentials of mem-
bers claiming seats in this convention.

The president appointed said committee, Messrs. Ang-
ney, Skinner, and Martinez.

On motion of Mr. Sanchez, convention adjourned until
3 o'clock p. m.

Evening Session 3 O'clock p. m.

The committee appointed to examine credentials of
members claiming seats in convention, reported the follow-
ing persons as duly entitled and qualified :

From the county of
Bernalillo Manuel Armijo y Mestas, Ambrosio Armijo

y Ortiz.

Rio Arr-iba Dr. J. Nangle, Salbador Lucero.
San Miguel Gregorio Vigil, Manuel Antonio Baca.
Santa Ana Miguel Montoya, Tomas Baca,
Santa Fe Manuel Alvarez, Dr. E. V. Deroin, W. Z.

Angney.
Taos Ceran St. Vrain, Antonio Jose Martinez, Antonio

Leroux.

* Valencia Juan Jose Sanches, William Curtis Skinner,
Mariana Sylba, Antonio Jose Otero, Manuel
Antonio Otero.

On motion, the foregoing report -was unanimously
adopted.

Mr. Deroin offered the following resolution:
Resolved, That the vote on any question that may arise



CONVENTION OF DELEGATES, 1849. 7

before the convention shall be taken by ballot, when called
for by two members.

On which the question being taken, was determined in
the negative. Ayes and nays, as follows:

Ayes Messrs. Angney, Alvarez, Deroin, Wangle, Lu-
cero, Martinez 6.

Nays Messrs. Skinner, A. J. Otero, Sanchez, Sylba,
M. A. Otero, A. Armijo, M. Armijo, Montoya, Baca (San-
ta Ana), St. Vrain, Leronx, Baca, (San Miguel), Vigil
13.

Mr. St. Vrain moved that the convention proceed to
the election of a delegate to represent the interests of this
territory in the Congress of the United States which was
decided in the affirmative, as follows. Ayes, 15 ; nays, 4.

Whereupon, the committee proceeded to the election of
a delegate to the Congress of the United States.

Mr. Skinner nominated Hugh N". Smith.

The roll being called, the election resulted as follows :

For Hugh 1ST. Smith : Messrs. Skinner, Otero, Sanchez,
Sylba, M. Otero, A. Armijo, Montoya, Baca, (San Miguel)
Baca, (Santa Ana), Vigil, St. Vrain, Martinez, Leroux,
Lucero, M. Armijo 15.

For Richard H. Weightman : Angney, Alvarez, Deroin
3.

For Joab Houghton : Nangle 1.

Whereupon, Hugh isT. Smith was declared duly elected
as delegate of this territory to the Congress of the United
States.

On motion of A. J. Otero, the president appointed a
committee of five to report the basis of a constitution for
the government of the territory, and instructions for the
consideration of the delegate to Congress ; which was unan-
imously adopted.

The president appointed W. Z. Angney, Joseph Wangle,
Wm. C. Skinner, Baca (Santa Ana), and A. J. Otero, said
committee.

On motion, of A. Armijo, the convention adjourned
until 10 o'clock, tomorrow.

Tuesday Morning, 10 o'clock.

Mr. Angney presented the petition of citizens of the
county of Bernalillo, protesting against the admission of
A. and M. Armijo, as delegates from the county of Ber-



CONVENTION OF DELEGATES, 1849.

nalillo to this convention, and claiming that Antonio
Sandoval and Juan Perea are entitled to seats in the con-
vention as delegates from the county of Bernalillo; which
was referred to the Committee on Elections.

On motion of Mr. Sanchez., the convention adjourned
until 2 o'clock, p. m.

Evening Session 2 o'clock p. m.

Mr. Skinner, from the Committee on Elections, to
whom was referred the petition of citizens of Bernalillo
county, made the following report:

"The majority of the Committee on Elections, to whom
was referred the petition of sundry citizens of Bernalillo
county, beg leave to report against the petition and pro-
test, and in favor of the legality of the election of A. and
M. Armijo as delegates from said county, and that Mr.
Angney have leave to withdraw said petition."

Mr. Angney, as the minority of said committee made
a minority report in favor of A. Sandoval and J. Perea,
and moved the following resolution :

Resolved, That Antonio Sandoval and Juan Perea are
entitled to seats in this convention as delegates from the
county of Bernalillo.

The question being on agreeing to said resolution, was
decided in the negative, as follows:

Yeas Messrs. Angney, Alvarez, Deroin, Nangle 4.

Nays Messrs. Vigil, Baca, (San Miguel), Leroux, Mar-
tinez, St. Yrain, Lucero, Baca, (Santa Ana), Montoya,
M. Armijo, A. Armijo, M. A. Otero, A. J. Otero, Sylba,
Sanchez, Skinner 15.

On motion of Mr. Sylba, the convention adjourned until
tomorrow morning at 9 o'clock.

Wednesday Morning Session 9 a. m., September 26, 1849.

On motion of Mr. A. Armijo, it was

Resolved, That his Excellency J. M. Washington, mili-
tary and civil governor of this territory, the justices of
the supreme court, and the secretary of the territory, be
invited to a seat in this convention, and that a committee
of two members be appointed by the president to wait up-
on said gentlemen and inform them of this resolution.

The president appointed Messrs. Ceran St. Yrain and
Francisco Tomas Baca said committee.

In compliance with the foregoing resolution, his Ex-



CONVENTION OF DELEGATES, 1849. 9

cellency Gov. Washington, Hon. Joab Houghton, one of
the justices of the supreme court, Hon. Donaciano Vigil,
secretary of the territory, appeared, and were escorted by
said committee, Messrs. St. Vrain and Baca, to seats with
the president.

A majority of the committee appointed to report the
basis of a constitution for the territory of New Mexico,
report as follows by their chairman, Mr. Skinner (see
Document No. 9) Which report was received and placed
upon the table for further consideration.

Mr. Wangle presented a minority report from same com-
mittee (see Document No. 10.) Which report was re-
ceived and placed upon the table.

On motion of Mr. Vigil, the convention adjourned until
4 o'clock, p. m.

Evening Session 4 o'clock, p. m.

Mr. Skinner offered the following resolution:

Resolved, That the report of the committee appointed
to prepare a plan as a basis for the territorial government
for the territory of New Mexico, and instructions for the
government of our delegate to Congress, and which re-
port has already been before the convention, be adopted:
and our delegate be, and hereby is, instructed to carry
out said recommendations, so far as they may be practic-
able, in Congress; and that our said delegate be governed
by the instructions as reported: which resolution was
adopted.

On motion of Mr. Nangle, the report of the majority
of the committee was taken up for consideration, and voted
upon section by section, to-wit:

Article 1st agreed to: sections 1, 2. 3, 4, 5, 6, and 7,
of article 2, agreed to.

On the adoption of section 3, article 2, Mr. Angney
moved to strike out "twenty-four," and insert "twenty-
one." Amendment was rejected.

Section 8. Mr. Angney moved to amend by striking out
all after the words "and all those," and insert, "free white
male inhabitants residing within the limits of this terri-
tory, not already citizens of the United States, but who,
on the 2d day of February, 1848, were residents within
the territory of New Mexico, on such person taking an
oath or affirmation before the superior or circuit courts



10 CONVENTION OF DELEGATES, 1849.

of the territory, or before the circuit court or district
court of the United States, to renounce and abjure alle-
giance to every foreign prince, potentate, state or sover-
eignty whatever;" which amendment was unanimously
adopted.

Sections 9, 10, 11 and 12, were adopted unanimously.

Section 3. Mr. Angney moved to strike out "two-
thirds" and insert in lieu thereof "a majority;" which
was rejected yeas 3, nays 15.

The question then upon the adoption of the section oc-
curring, was determined yeas 15, nays 3.

Section 14 and 15, unanimously adopted.

Section 3, judicial power. Section 1st, unanimously
adopted.

Section 2. Mr. Angney moved to strike out all occur-
ring before the words "and irlw shall!' and insert in lieu
thereof, "that the supreme court consist of four judges ;
and one to be supreme or appellate judge, and the other
three to be district judges, for the hearing and adjudica-
tion 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 courts;" which
amendment was unanimously adopted ; and the question
being upon the adoption of the section as amended, was
determined in the affirmative ayes 19.

Sections 3, 4 and 5 unanimously adopted.

Miscellaneous.

Sections 1, 2, 3, 4, 5, G, 7, unanimously adopted.

The remaining as reported by the majority of the com-
mittee for the government of our delegate in Congress,
were then unanimously adopted ; and,

On motion of Mr. Angney, the following additional in-
structions were added, to-wit :

Instructions 6, 8, 9, 10, 11, 12, and 15 were adopted.

Mr. Angney moved that the sections 5, 7 and 13 of the
minority report, be added as further instructions, which
was rejected.

On motion of Mr. Baca, of Santa. Ana,

Resolved, That as an additional instruction, our dele-
gate be instructed to urge upon Congress the establish-
ment of a tribunal of conciliation in all civil cases; which
was adopted.



CONVENTION OP DELEGATES, 1849. 11

. On motion of Mr. Sanchez, Don Francisco Saracino
was unanimously elected delegate to Congress, alternative
to Hugh N. Smith, in case of accident or inability on the
part of the latter.

On motion of Mr. Leronx,

Resolved, That the proceedings of this convention be
signed by the president and secretary, and that at least
one hundred copies be printed for the use of our delegate
and for public distribution.

On motion of Mr. Lucero, the thanks of the delegates
were tendered the officers of this convention.

DOCUMENT NO. 9.

The undersigned, majority of a committee to whom was
confided the highly responsible and arduous duty of pre-
paring a plan to be recommended to Congress, as the basis
upon which we desire the civil government of the terri-
tory of New Mexico to be formed, have, after giving to
the subject the mature consideration which its great im-
portance to our future welfare as a people merits, decided
upon the following as our report, and which we respect-
fully submit to the convention for their approval.

Section 1. On the subject of the executive power. We
recommend that the executive power in and over New
Mexico shall be vested in a governor; shall hold his office
for four years, and until his successor shall be appointed
and qualified, unless sooner removed by the President of
the United States. The governor shall reside in said terri-
tory; shall be commander-in-chief of the militia; and
shall perform the duties and receive the emoluments of
superintendent of Indian affairs. He may grant pardons
for offenses against laws of said territory, and reprieves
for offenses against laws of the United States, until the
decision of the President can be made known thereon. He
shall commission all officers who shall be appointed to
office under the laws of said territory, and see that the
laws be faithfully executed. He shall, from time to time,
inform the Legislative Assembly of the condition of the
territory, and shall recommend all necessary measures,
and may convene them on extraordinary occasions by proc-
lamation, stating the purpose for which they were con-
vened.

Sec. 2. That there shall be a secretary of said terri-



12 CONVENTION OF DELEGATES, 1849.

tory, who shall reside therein, and hold his office for four
years, unless sooner removed by the President of the Uni-
ted States. He shall record and preserve all the laws and
proceedings of the Legislative Assembly hereinafter con-
stituted, and all the acts and proceedings of the governor
in his executive department. He shall transmit one copy
of the laws and one copy of the executive proceedings, on
or before the 1st day of December in each year, to the
President of the United States ; and at the same time, two
copies of the laws to the Speaker of the House of "Repre-
sentatives and the President of the Senate, for the use of
Congress. And in case of the death, removal, resignation,
or necessary absence of the governor from the territory,
the secretary shall be, and he is hereby, authorized and
required to execute and perform all the powers of the
governor during such vacancy or necessary absence, or un-
til another governor shall be duly appointed to fill such
vacancy.

ARTICLE II. Legislative Power.

Section 1. We recommend that the legislative power
and authority of said territory of New Mexico shall con-
sist of a governor and Legislative Assembly, which assem-
bly shall consist of a Council and House of Representa-
tives.

Sec. 2. The House of Representatives shall consist of
members to be chosen every two years by the qualified
electors of the several counties, and the Legislative Coun-
cil shall consist of members to be chosen every four years
by the qualified electors of their respective districts.

Sec. 3. No person shall be eligible to the House of
Representatives who shall not have attained to the age of
twenty-four years; who shall not be a free male citizen of
the territory of New Mexico; who shall not have been an
inhabitant of the county he may be chosen to represent at
least six months preceding his election.

Sec. 4. No person shall be eligible to the Legislative
Council who shall not have attained to the age of thirty
years, who shall not be a free male citizen of the terri-
tory of New Mexico, and who shall not have been an in-
habitant of the district which he may be chosen to repre-
sent at least six months preceding his election, if such dis-
trict shall be so Ions: established ; but if not. then of the



CONVENTION OF DELEGATES, 1849 13

district or districts from which the same may have been
taken.

Sec. 5. The Legislative Council shall never be more
than one-third as numerous as the House of Representa-
tives, for the election of whom, the territory shall be di-
vided into convenient districts, which may be altered from
time to time, and new districts established, as public con-
venience may require.

Sec. 6. The General Assembly shall divide the terri-
tory into a convenient number of counties, and shall ap-
portion the members of the House of Representatives
among the same, according to the free male population,
but the whole number of its members shall never exceed
twenty-one, until otherwise directed by the Legislative
Assembly.

Sec. 7. Until the legislative power otherwise direct,
the territory of New Mexico shall retain the division of
counties and districts established by .the decree of the de-
partment of New Mexico, of June 17, 1849 ; and they shall
be represented as follows : In the House of Representa-
tives, the county of Santa Fe shall have three members;
the county of Rio Arriba, three; the county of Valencia,
five; the county of Taos, three; the county of Santa Ana,
two ; the county of Bernalillo, two.

In the Legislative Council, the central district shall
have three members; the northern district, two members;
which apportionment shall continue until otherwise direct-
ed by law.

Sec. 8. All free male citizens of said territory, who
shall be residents thereof at the time of the passage of
this act, shall be entitled to vote, and shall be eligible
to any office at the first election, but the qualification of
voters and of holding office, shall, at all subsequent elec-
tions, be prescribed by the legislative power.

Provided, That the right of suffrage and of holding
office shall be exercised only by the citizens of the United
States, and all those free white male inhabitants residing
within the limits of New Mexico, not already citizens of
the United States, but who, on the 2d day of February,
1848, were residents within the territory of New Mexico;
and such persons taking an oath or affirmation before the
superior or circuit courts of the territory, or before the
circuit or district court of the United States, to renounce




14 CONVENTION OP DELEGATES, 1849.

and abjure allegiance to every foreign prince, potentate,
state or sovereignty, whatever.

Sec. 9. The legislative power of the territory shall ex-
tend to all rightful subjects of legislation, consistent with
the constitution of the United States. No tax shall be
imposed upon the property of the United States, nor shall
the lands or other property of non-residents be taxed
higher than the lands or other property of residents.

Sec. 10. All the laws passed by the Legislative Assem-
bly and governor shall be submitted to the Congres of the
United States, and, if disapproved, shall be null and of
no effect.

Sec. 11. The governor of the territory shall order the
first election for members of the Legislative Assembly,
and it shall be held at such times and places, and be con-
ducted in such manner, as he shall direct.

Sec. 12. Any bill may originate in either House, and
may be altered, amended, or rejected, by the other House;
and shall be read on three different days in each House;
and having passed both Houses, shall be signed by the
Speaker of the House of Representatives and the President
of the Legislative Council, and presented to the governor
for his approval. Tf he approve the same, he shall sign
it. If he disapprove the same, he shall return it, with his
objections, to the House in which it originated, within
six days.

Sec. 13. That House shall cause the objections to be
entered at large upon its journal, and shall reconsider the
bill. If, after a bill shall have been returned, and recon-
sidered by both Houses, it shall again pass by a vote of
two-thirds of each House, it shall become a law without
the approval of the governor.

If any bill shall not be returned by the governor within
six days after it shall have been presented to him, the
same shall be a law in like manner as if he had signed it;
unless the Legislative Assembly, by adjournment, pre-
vent it.

Sec. 14. Each House of the Legislative Assembly shall
judge of the elective' qualifications of its members, and
make its own rules of proceedings.

Sec. 15. ]STo person who now is, or hereafter may be,
a collector or holder of public money, or assistant or depu-
ty thereof, shall be eligible to any office of profit or trust,



CONVENTION OF DELEGATES, 1849. 15

until he shall have accounted for, and paid over all moneys
for which he may be accountable as such collector or hold-
er; and no person who shall have directly or indirectly
given any bribe to procure his election or appointment to
any office, or who shall have been convicted of perjury or
other infamous .crime; shall be eligible to any office of
honor, profit, or trust within this territory, or shall be al-
lowed the right of suffrage.

ARTICLE ML Judicial Power.

Section 1. We recommend that the judicial power of said
territory of New Mexico shall be vested in a supreme court,
circuit courts, and such other inferior tribunals as shall
be established by law.

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, and who shall hold


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