moneys for which he may be acountable 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.

"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 is worthy of reproduction. It reads as follows: INSTRUCTIONS

AS

ADOPTED BY THE CONVENTION.

"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 supreme 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 administration of its own laws, in consequence of which, industry and enterprise are paralyzed, and discontent and confusion 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 extension of settlements upon our valuable public domain, and rendered utterly futile every attempt to explore or develop the great resources of the territory; surrounded by

the Eutaws, Comanches, and Apaches, on the north, east and south, by the Navajos on the west, with Jicarillas within our limits, and without any adequate protection against their hostile inroads; our flocks and herds are driven off by thousands, our fellow-citizens, men, women and children are murdered or carried into captivity; many of our citizens 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 rising 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 Minnesota 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 practicable, 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.”

Para Gobernader
Tomas Baca

Vice Gobernader

Manurl Aloury Congress Semiral Mns. Messery Senadores Jose Isco Dryba Jose Nangle Baca

Domingo
Representantes

Miquel Sina y Romero
Melario Gonsales

Jose Jesus Montotto

Ballot at First Statehood Election. 1850,

CHAPTER IV.

THE CONSTITUTION OF 1850 AND FIRST STATE GOVERNMENT.

Meanwhile the discussion of the status of the vast domain recently acquired from Mexico continued in Congress almost incessantly and with considerable bitterness, 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 excitement.

In his message to Congress he frankly announced this policy. He said: "I did not hesitate to express to the people of those territories my desire that each territory should, if prepared to comply with the requirements of the Constitution of the United States, form a plan of a State Constitution 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.