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Journal of the Convention of the Territory of New Merico.
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 military 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 requested to act as secretary pro tem.
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. Vaudry Deroin, W. Z. Angney. Toos-Ceran St. Vrain, Antonio Jose Martin, Antonio Leroux. Valencia—Juan Jose Sanches, William Curtis Skinner, Mariana Sylba,
Antonio Jose Otero, Manuel Antonio Otero. On motion of Ceran St. Vrain, the convention proceeded to the election of president, when the roll being called, the Rev. 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.
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 Nangle, E. "J. Vaughn was unanimously elected doorkeeper.
On motion of Joseph Nangle, a committee of three was appointed by the Chair to examine the credentials of members claiming seats in this con-' vention.
The president appointed said committee, Messrs. Angney, 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 following persons as duly entitled and qualified:
From the county of
Rio Arriba-Dr. J. Nangle, Salbador Lucero.
Antonio Jose Otero, Manuel Antonio Otero.
Resolved, That the vote on any question that may arise 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, Nangle, Lucero, Martinez-6.
Nays-Messrs. Skinner, A. J. Otero, Sanchez, Sylba, M. A. Otero, A. Armijo, M. Armijo, Montoya, Baca, (Santa Ana,) St. Vrain, Leroux, 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—pays, 4.
Whereupon, the convention 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 N. 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.
Whereupon, Hugh N. 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 unanimously adopted.
The president appointed W. Z. Angney, Joseph Nangle, 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
Vigil, st: hard W. Wel Nanglenn was a
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 Bernalillo to this convention, and claiming that Antonio Sandoval and Juan Perea are entitled to seats in the convention 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.
A. J. OterSanta Anaça, (San Migu.n; Nan
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 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 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 “twentyone." Amendment was re. jected.
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 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 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 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 conciliation in all civil cases; which was adopted.
On motion of Mr. Sanchez, Don Francisco Saracino was unanin lously 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 tendozred: 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 govern. ment 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.-Wer ecommend 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 miay grint par. dons for offences against laws of said territory, and repriev'es 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 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 comivened.
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 departe ment. He shall transmit one copy of the laws and one cory of the exe. cutive proceedings, on or before the 1st day of December in each year, to the President of the United States; and at the same tim's, 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.