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.

66

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 residents within the territory of New Mexico, on such person 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 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 3, judicial power. Section Ist, 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.

MISCELLANEOUS.

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. Anguey, the following additional instructions 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 delegate be instructed to urge upon Congress the establishment of a tribunal of conciliati on in all civil cases; which was adopted.

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. Leroux,

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 tend red 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 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 to 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 grant pardons for offences against laws of said territory, and reprieves for offences against laws of the United States, until the decision of the President can be made known thereon. He shall commission all officers whe, 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 Legisla tive Assembly of the condition of the territory, and shall recommend all necessary measures, and may convene them on extraordinary occasions by proclamation, stating the purpose for which they were convened.

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 exec'ative 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 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 ring 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; but 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 malepopulation, 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 dif ferent 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 proceedings.

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

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 two terms of said court in each year at the seat of government of said territory; and they shall hold their offices during the period of five years.

One of the judges shall be assigned to each of the districts into which the territory of New Mexico is now divided; and within said districts shall hold circuit courts at such times and places as shall be designated by law; and they shall respectively reside in the districts which shall be assigned them.

SEC. 3. The jurisdiction of the supreme and circuit courts, and of the inferior tribunals of justice, shall be limited by law, but the said supreme and circuit courts shall possess chancery as well as common jurisdiction.

The supreme and circuit courts shall appoint their own clerks; and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed.

Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said circuit courts to the supreme court, under such regulations as may be prescribed by laws, but in no case removed to the supreme court shall trial by jury be allowed in said court.

SEC. 4. Writs of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the Supreme Court of the United States in the same manner and under the same regulations as from the circuit courts of the United States, when the value of the property or the amount of the controversy, to be ascertained by the oath or affirmation of either party, or other competent witnesses, shall exceed the sum of one thousand dollars.

SEC. 5. And each of said circuit courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under said constitution and laws; and writs of error and appeal in all such cases shall be made to the supreme court of said territory the same as in other cases.

The clerks of the supreme and circuit courts shall receive such fees and compensation as shall be prescribed by law.

MISCELLANEOUS.

SECTION 1. We recommend that there shall be appointed a United States district attorney, who shall hold his office for four years, unless sooner removed by the President.

SEC. 2. There shall also be a marshal appointed, who shall hold his office for four years, unless sooner removed by the President; and who shall execute all processes issuing from said courts, when exercising their jurisdiction as courts of the United States.

He shall be subject to the same regulations and penalties as the marshal of the district courts of the United States in their territories.

SEC. 3. The governor, secretary of the territory, chief justice, and associate justices, attorney, and marshal, shall be appointed, by and with the advice and consent of the Senate, by the President of the United States;