sum as compensation for that concession. These measures were signed by the President on September 9, 1850, and effectually ended the career of the new State of New Mexico and the work of the Convention in 1850. The two senators-elect had proceeded across the plains as far as Independence, Missouri, before they received the news which blighted their hopes of high official life.

William S. Meservey, who had been elected member of the House at the June election, continued his journey to Washington, and succeeded in being recognized and admitted as Delegate from the Territory instead of Representative of the State.

The President appointed James S. Calhoun first Governor of the New Territory under the Organic Act, and the entire territorial government was put into operation in March, 1851. The people settled down to a new order of things, and nothing was heard of Statehood for several years. Then came the great Rebellion, and the attention of the people was fully occupied in their defense against the invasion of the Texans and in the wars with the Indian tribes which practically encircled the Territory.

CHAPTER V.

LEGISLATIVE EFFORT AND CONSTITUTION OF 1872.

The next formal action looking towards Statehood was early in 1866, when the Legislature passed an act authorizing the Governor to call a Constitutional Convention, to be elected on the first Monday in March and to meet in the City of Santa Fe; the Constitution formulated to be' submitted to a vote of the people on the fourth Monday in June. Apparently nothing of a practical nature was accomplished under this law.

rence.

On February 3, 1870, the Legislature passed an act providing for an election to be held on the first Monday in October of that year for the purpose of submitting a State constitution and electing the State officers and legislature provided for therein. The Governor was required to issue a proclamation for the election thirty days before its occurThe preamble to the Act reads as follows: "Whereas, We, the members of the Legislative Assembly of the Territory of New Mexico, as the representatives of the people, after due consideration of the best interests of New Mexico that the present circumstances and condition of the country will permit, have considered it best to submit for the consideration of the people, a constitution which appears to us proper and in which is embodied the fundamental principles of a free and sovereign State, etc." From this it appears that the Constitution had been already prepared when the Act was passed; but nothing seems to have resulted from this attempt to secure self-government.

To remedy this failure, the succeeding legislature took up the subject early in the session and passed a bill which was approved by the Governor on February 1, 1872, entitled "An Act providing for a General Election for the Purpose of Submitting to a Vote of the People a State Constitution and State Officers." After a Preamble which states, among other things that the Legislature is satisfied that a majority of the people desire a State Government,

the law provided that a General Election should be held on the first Monday in June, 1872, "for the purpose of submitting to a vote of the people the State Constitution drafted at the present term of the Legislative Assembly." Section five reads as follows: "If a majority of the votes cast be in favor of the Constitution and a State, the Governor is hereby required to issue his proclamation on the second Monday of July announcing the result of said election, and ordering another election, which shall be held on the first Monday in September, for the object of electing under said Constitution a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Public Instruction, and also members of the Legislative Assembly and also a Representative to the Congress of the United States."

The Constitution that was thus submitted was printed in a pamphlet of forty-seven pages and was a comprehensive and well arranged document, creditable to those who prepared and adopted it.

For the purpose of showing the excellent character of this Constitution, fully abreast of the times and in every respect in advance of many of the Constitutions existing in 1872, the following sections are extracted:

CONSTITUTION OF 1872.

ART. IV.

Sec. 3. "No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public revenue, member of either house of congress, or person holding any lucrative office under the United States, this state, or any foreign government, shall have a seat in the General Assembly;"

PASSAGE OF BILLS.
ART. IV.

Sec. 6. ** “Every bill shall be read at large on three different days, in each house, and the bill, and all amendments thereto, shall be printed before the vote is taken on its final passage; and every bill having passed both houses shall be signed by the speakers, thereof."

PRIVILEGES AND DISABILITIES.

"No person elected to the General Assembly shall receive. any civil appointment within this state from the governor and senate, or from the General Assembly, during the term for which he shall have been elected, and all such appointments, and all votes given for any such members for any such office or appointment shall be void; nor shall any member of the General Assembly be interested, either directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof."

PUBLIC MONEYS AND APPROPRIATIONS.

"No money shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presentation of an account issued by the auditor thereon; and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution."

"The General Assembly shall never grant or authorize extra compensation, fee or allowance to any public officer, agent, servant, or contractor, after service has been rendered, or a contract made; nor authorize the payment of any claim, or part thereof, hereafter created against the state under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void."

"The state shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to or in aid of, any public or other corporation, association or individual."

SPECIAL LEGISLATION PROHIBITED. "The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say:

"For granting divorces; changing the names of persons or places; laying out, opening, altering and working roads

or highways; vacating roads, town plots, streets and public grounds; locating or changing county seats; regulating county and township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police magistrates and constables; providing for changes of venue in civil and criminal cases; incorporating cities, towns or villages, or changing or amending the charter of any city, town or village; summoning and empanneling grand or petit juries; providing for the management of common schools; regulating the interest on money; the opening or conducting of any election, or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; chartering or licensing ferries or toll bridges; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, percentage or allowance of public officers, during the term for which said officers are elected or appointed; changing the law of descent; granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever; granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose."

MISCELLANEOUS.

"The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift-enterprise tickets in this state."

EDUCATION.

"Section 1. The General Assembly shall provide a thorough and efficient system of free schools whereby all the children of this state may receive a good common school education.

"Sec. 2. All lands, money or other property, donated, granted or received, for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made.