Изображения страниц

after be found, for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts of law and equity, except as herein otherwise provided, shall continue with the like powers and jurisdiction as if this constitution had not been adopted.

2. All officers now filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless by this constitution it is otherwise directed.

3. The present governor, chancellor and ordinary or surrogate-general and treasurer shall continue in office until successors elected or appointed under this constitution shall be sworn or affirmed into office.

4. In case of the death, resignation or disability of the present governor. the person who may be vice-president of council at the time of the adoption of this constitution shall continue in office and administer the government unti a a governor shall have been elected and sworn or affirmed into office under this constitution.

5. The present governor, or in case of is death or inability to act, the vice-president of council, together with the present members of the legislatives council and secretary of state, shall constitute a board of state canvassers, ing the manner now provided by law, for the purpose of ascertaining and declaring the result of the next ensuing election for governor, members of the hous of representatives, and electors of president and vice-president.

6. The returns of the votes for governor, at the said next ensuing eletion, shall be transmitted to the secretary of state, the votes counted, and the election declared in the manner now provided by law in the case of the elect of electors of president and vice-président.

7. The election of clerks and surrogates, in those counties where the tera of office of the present incumbent shall expire previous to the general election of eighteen hundred and forty-five, shall be held at the general election next ensuing the adoption of this constitution; the result of which election shall be ascertained in the manner now provided by law for the election of sheriff 8. The elections for the year eighteen hundred and forty-four shall take place as now provided by law.

9. It shall be the duty of the governor to fill all vacancies in office ha pening between the adoption of this constitution and the first session of the senate, and not otherwise provided for, and the commissions shall expire a the end of the first session of the senate, or when successors shall be elect or appointed and qualified.

10. The restriction of the pay of members of the legislature, after fort days from the commencement of the session, shall not be applied to the fine legislature convened under this constitution.

11. Clerks of counties shall be clerks of the inferior courts of comm pleas and quarter sessions of the several counties, and perform the duties, a be subject to the regulations now required of them by law until otherwi ordained by the legislature.

12. The legislature shall pass all laws necessary to carry into effect provisions of this constitution.

[ocr errors]

Done in convention, at the State House in Trenton, on the twenty-nin day of June, in the year of our Lord one thousand eight hundred and fory four, and of the independence of the United States of America the sixty-eigh|| ALEXANDER WURTS, President of the Convention.


THOS. J. SAUNDERS, Assistant Secretary.


people of New Mexico, grateful to Almighty God for the blessy, in order to secure the advantages of a State government, do stablish this constitution.



of this State is New Mexico, and its boundaries are as follows: at the point where the thirty-seven parallel of north latitude one hundred and third meridian west from Greenwich; thence hundred and third meridian to the thirty-second parallel of north ce along said thirty-second parallel to the Rio Grande, also known ravo del Norte, as it existed on the ninth day of September, one hundred and fifty; thence following the main channel of said river, on the ninth day of September, one thousand eight hundred and arallel of thirty-one degrees forty-seven minutes north latitude: ne hundred miles to a point; thence south to the parallel of rees twenty minutes north latitude; thence along said parallel legrees twenty minutes, to the thirty-second meridian of longitude shington; thence along said thirty-second meridian to the thirtyel of north latitude; thence along said thirty-seventh parallel to eginning.



The State of New Mexico is an inseparable part of the Federal e Constitution of the United States is the supreme law of the

enabling New Mexico to frame a constitution and form a state governved June 20, 1910. The convention which drafted the constitution asa Fe on October 3 and adjourned on November 21, 1910. The constituted to the electors of the territory on January 21, 1911, and was ratif 31,742 to 13,399. No proposition was submitted separately. On FebPresident Taft transmitted a copy of this constitution to Congress with oval and recommended that it be adopted. On August 21, 1911, Conjoint resolution formally admitting New Mexico to the Union on conelectors of the territory should first ratify an amendment to Article the process by which amendments to the constitution should be made. aft of this Article provided that proposed amendments must receive the of two-thirds of the members elected to each house; Congress changed ity. The following provision, found in the original draft, was stricken mendment or amendments to this constitution may be proposed at the sion of the legislature held after the expiration of two years from the tution goes into effect, or at the regular session of the legislature conhth year thereafter, and if a majority of all the members elected to houses voting separately at said sessions shall vote in favor thereof, mendment or amendments shall be entered on their respective journals nd nays thereon." The congressional amendment required the publicaamendments "in English and Spanish when newspapers in both of said published"; and provided that amendments may be submitted at the election or a special election held within six months after the adhe legislature; provided that a majority of the electors is sufficient to Iment instead of "an affirmative vote equal to at least forty per centum cast at said election in the state and in at least one-half of the counThe provision that "not more than three amendments shall be submitted was stricken out and a provision was added that no changes be made d 3 of Article VII and sections 8 and 10 of Article XII unless "ratified e people of this state in an election at which at least three-fourths of ing in the whole state and at least two-thirds of those voting in each tate shall vote for such amendments." The provision that a constitube called if the proposition received the affirmative votes of the elecsaid election" and "in at least one-half of the counties" of the state, t and a provision inserted that a majority of the voters voting on the sufficient. This amendment was adopted at the first state election, and proclamation admitting New Mexico to the Union was issued on Januthe constitution became effective the same day.

SEC. 2. All political power is vested in and derived from the people; all government of right originates with the people, is founded upon their will, and instituted solely for their good.

SEC. 3. The people of the State have the sole and exclusive right to govern themselves as a free, sovereign, and independent State.

SEC. 4. All persons are born equally free, and have certain natural, inherent, and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of seeking and obtaining safety and happiness.

SEC. 5. The rights, privileges, and immunities, civil, political and religious, guaranteed to the people of New Mexico by the Treaty of Guadalupe Hildalgo, shall be preserved inviolate.

SEC. 6. The people have the right to bear arms for their security and de fense, but nothing herein shall be held to permit the carrying of concealed. weapons.


SEC. 7. The privilege of the writ of habeas corpus shall never be suspended; unless, in case of rebellion or invasion, the public safety requires it.

SEC. S. All elections shall be free and open, and no power, civil or milk tary, shall at any time interfere to prevent the free exercise of the right suffrage.

SEC. 9. The military shall always be in strict subordination to the civil. power; no soldier shall in time of peace be quartered in any house witho the consent of the owner, nor in time of war except in the manner prescribe by law.

SEC. 10. The people shall be secure in their persons, papers, homes effects, from unreasonable searches and seizures, and no warrant to search an place, or seize any persons or thing, shall issue without describing the pla to be searched, or the persons or things to be seized, nor without a writte showing of probable, cause, supported by oath or affirmation.

SEC. 11. Every man shall be free to worship God according to the dir tates of his own conscience, and no person shall ever be molested or denied an civil or political right or privilege on account of his religious opinion or mod of religious worship. No person shall be required to attend any place of we ship or support any religious sect or denomination; nor shall any preferen be given by law to any religious denomination or mode of worship.

SEC. 12. The right of trial by jury as it has heretofore existed shall secured to all and remain inviolate. In all cases triable in courts inferior the district court the jury may consist of six. The legislature may provid that verdicts in civil cases may be rendered by less than a unanimous vote the jury.

SEC. 13. All persons shall be bailable by sufficient sureties, except capital offenses when the proof is evident or the presumption great. Exce sive bail shall not be required, nor excessive fines imposed, nor cruel a unusual punishments inflicted.

SEC. 14. No person shall be held to answer for a capital, felonious, infamous crime unless on a presentment or indictment of a grand jury, exe in cases arising in the militia when in actual service in time of war or publi danger. In all criminal prosecutions the accused shall have the right to at pear and defend himself in person, and by counsel; to demand the natur and cause of the accusation; to be confronted with the witnesses against him to have the charge and testimony interpreted to him in a language that understands; to have compulsory process to compel the attendance of nece sary witnesses in his behalf, and a speedy public trial by an impartial jur of the county or district in which the offense is alleged to have been c mitted.

SEC. 15. No person shall be compelled to testify against himself in criminal proceeding, nor shall any person be twice put in jeopardy for the same offense; and when the indictment, information, or affidavit upon whet any person is convicted charges different offenses or different degrees of the same offense and a new trial is granted the accused, he may not again

offense or degree of the offense greater than the one of which ficted.

Treason against the State shall consist only in levying war dhering to its enemies, or giving them aid and comfort. No pere convicted of treason unless on the testimony of two witnesses overt act, or on confession in open court.

Every person may freely speak, write, and publish his sentisubjects, being responsible for the abuse of that right; and no law ssed to restrain or abridge the liberty of speech or of the press. nal prosecutions for libels, the truth may be given in evidence to d if it shall appear to the jury that the matter charged as libelous was published with good motives and for justifiable ends, the be acquitted.

No person shall be deprived of life, liberty, or property withess of law; nor shall any person be denied the equal protection of

No ex post facto law, bill of attainder, nor law impairing the contracts shall be enacted by the legislature.

Private property shall not be taken or damaged for public use compensation.


No person shall be imprisoned for debt in any civil action.

No distinction shall ever be made by law between resident aliens in regard to the ownership or descent of property.

The enumeration in this constitution of certain rights shall not to deny, impair, or disparage others retained by the people.

[ocr errors][merged small]


1. The powers of the government of this State are divided into t departments, the legislative, executive, and judicial, and no pertion of persons charged with the exercise of powers properly bee of these departments, shall exercise any powers properly belongof the others, except as in this constitution otherwise expressly ermitted.



1. The legislative power shall be vested in a senate and house tives which shall be desig ated the Legislature of he State of and shall hold its sessions at the seat of government.

le reserve the power to disapprove, suspend, and annul any law he legislature, except general appropriation laws; laws providing ervation of the public peace, health, or safety; for the payment debt or interest thereon, or the creation or funding of the same, this constitution otherwise provided; for the maintenance of the 3 or State institutions, and local or special laws. Petitions disapprovother than those above excepted, enacted at the last preceding session ature, shall be filed with the secretary of state not less than four to the next general election. Such petitions shall be signed by not per centum of the qualified electors of each of three-fourths of and in the aggregate by not less than ten per centum of the qualiof the state, as shown by the total number of votes cast at the g general election. The question of the approval or rejection of ll be submitted by the secretary of state to the electorate at the election; and if a majority of the legal votes cast thereon, and not rty per centum of the total number of legal votes cast at such on, be cast for the rejection of such law, it shall be annulled and led with the same effect as if the legislature had then repealed it, eal shall revive any law repealed by the act so annulled; otherremain in force unless subsequently repealed by the legislature.

[ocr errors]

If such petition or petitions be signed by not less than twenty-five per centum of the qualified electors under each of the foregoing conditions, and be filed with the secretary of state within ninety days after the adjournment of the session of the legislature at which such law was enacted, the operation thereof shall be thereupon suspended and the question of its approval or rejec tion shall be likewise submitted to a vote at the next ensuing general election. If a majority of the votes cast thereon and not less than forty per centum of the total number of votes cast at such general election be cast for its rejection, it shall be thereby annulled; otherwise, it shall go into effect upon publication of the certificate of the secretary of state declaring the result of the vote thereon. It shall be a felony for any person to sign any such petition with any name other than his own, or to sign his name more than once for the same measure, or to sign such petition when he is not a qualified elector in the county specified in such petition; provided, that nothing herein shall be construed to prohibit the writing thereon of the name of any person who can not write, and who signs the same with his mark. The legislature shall enact laws necessary for the effective exercise of the power hereby reserved.

SEC. 2. In addition to the powers herein enumerated, the legislature shall have all powers necessary to the legislature of a free State.

SEC. 3. The senate shall consist of twenty-four, and the house of rep resentatives of forty-nine members, who shall be qualified electors of their respective districts and residents of New Mexico for at least three years nex preceding their election. Senators shall not be less than twenty-five years. and rpresentatives not less than twenty-one years of age at the time of their election. No person shall be eligible to the legislature who, at the time of qualifying, holds any office of trust or profit under the State, county, or National Government, except notaries public and officers of the militia who receive no salary.

SEC. 4. Members of the legislature shall be elected as follows: Senators for the term of four years, and members of the house of representatives for the term of two years. They shall be elected on the day provided by law for holding the general election of State officers or Representatives in Congress. Vacancies in either house shall be filled by an election at a time to be designated by the governor.

SEC. 5. The first session of the legislature shall begin at twelve o'clock. noon, on the day specified in the proclamation of the governor. Subsequent sessions shall begin at twelve o'clock, noon, on the second Tuesday of January next after each general election. No regular session shall exceed sixty days, except the first, which may be ninety days, and no special session shall exceed thirty days.

SEC. 6. Special sessions of the legislature may be called by the governor. but no business shall be transacted except such as relates to the objects specified in his proclamation.

SEC. 7. Each house shall be the judge of the election and qualifications of it own members. A majority of either house shall constitute a quorum to do business, but a less number may effect a temporary organization, adjourn from day to day, and compel the attendance of absent members.

SEC. 8. The senate shall be called to order in the hall of the senate by the lieutenant governor. The senate shall elect a president pro tempore who shall preside in the absence of the lieutenant governor and shall serve unti' the next session of the legislature. The house of representatives shall be called to order in the hall of said house by the secretary of state. He sha preside until the election of a speaker, who shall be the member receiving the highest number of votes for that office.

SEC. 9. The legislature shall choose its own officers and employees and fix their compensation, but the number and compensation shall never excess! the following: For each house, one chaplain at three dollars per day; one chief clerk and one sergeant-at-arms, each at six dollars per day: one assitant chief clerk and one assistant sergeant-at-arms, each at five de

« ПредыдущаяПродолжить »