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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 protest, 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, Martinez, St. Vrain, 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 to-morrow 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, military 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 upon said gentlemen and inform them of this resolution.
The president appointed Messrs. Ceran St. Vrain and Francisco Tomas Baca said committee.
In compliance with the foregoing resolution, his Excellency 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. Nangle presented a minority report from same committee-see Document No. 10.)—Which report was received and placed upon the
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 a territorial government for the territory of New Mexico,
and instructions for the government of our delegate to Congress, andwhich report 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 practicable, 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 territory, not already citizens of the United States, but who, on the 2d day of February, 1848, were resi. dents within the territory of New Mexico, on such person taking an oath or affirmation before the superior or circuit courts of the territory, or be. fore the circuit or district court of the United States, to renounce and abjure allegiance to every foreign prince, potentate, state or sovereignty 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 occurring, was determined-yeas 15, nays 3.
Section 14 and 15, unanimously adopted.
Section 2. Mr. Angney moved to strike out all occurring before the words and who 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 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 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.
Sections 1, 2, 3, 4, 5, 6, 7, unanimously adopted.
The remaining as reported by the majority of the committee for the government of our delegate in Congress, were then unanimously adopted; and,
On motion of Mr. Angney, the following additional instructions wece 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 ininority report, be added as further instructions; which was rejected.
On motion of Mr. Baca, of Santa Ana,
Resolved, That as an additional instruction, our delegate be instrt icted to urge upon Congress the establishment of a tribunal of conciliati on in all civil cases; which was adopted. On metion of Mr.
Sanchez, Don Francisco Saracino was unanin nously 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. Leroux,
Resolved, That the proceedings of this convention be signed i 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 tendred the officers of this convention.
DOCUMENT No. 9 * The undersigned, majority of a committee to whom was confid.ed. the highly responsible and arduous duty of preparing a plan to be recommended to Congress, as the basis upon which we desire the civil
government of the territory of New Mexico to be formed, have, after : giving to the subject the mature consideration which its great importance o our future welfare as a people merits, decided upon the following as o ur report, and which we respectfully submit to the convention for their a
pproval. 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 suc cessor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside in said territory; s'hall be commander-in-chief of the militia; and shall perform the duties and receive the emoluments of superintendent of Indian affairs. He may graint pardons for offences against laws of said territory, and repriev'es for offences against laws of the United States, until the decision of the Presirlent 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 recrimmend all necessary measures, and may convene them on extraordina' y occasions by proclamation, stating the purpose for which they were colivened.
Sec. 2. That there shall be a secretary of said territory, who shall reside therein, and hold his office for four years, unless soon er removed by the President of the United States. He shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, 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 1 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 Representatives 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 du sing such vacancy or necessary absence, or until 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 consist of a governor and legislative assembly, which assembly shall consist of a council and house of representatives.
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 council 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 territory of New Mexico, and who shall not have been an inhabitant of the district which he may be chosen to represent at least six months preceding his election, if such district shall be so long established; bụt if not, then of the 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 representatives, for the election of whom, the territory shall be divided into convenient districts, which may be altered from time to time, and new districts established, as public convenience may require.
Sec. 6. The General Assembly shall divide the territory into a convenient number of counties, and shall apportion 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 department of New Mexico, of June 17, 1849; and they shall be represented as follows: In the house of representatives, 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 directed 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 elections, 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 cireuit courts of the territory, or before the circuit or district court of the United States, to renounce and abjure allegiance to every foreign prince, potentate, State or sovereignty, whatever.
Sec. 9. The legislative power of the territory shall extend 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 assembly and governor shall be submitted to the Congress 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 conducted 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. If 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 reconsidered 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, prevent it.
Sec. 14. Each house of the legislative assembly shall judge of the elective qualifications of its members, and make its own rules of pro. ceedings.
Sec. 15. No 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 moneys for which he may be accountable as such collector or holder; 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 allowed the right of suffrage.
ARTICLE III. JUDICIAL POWER.
Sec. 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