SEC. 14. Thirty days after such election for State, district, county, precinct, and other officers (or on the following day if said 30th day shall fall on Sunday), said board of canvassers shall assemble at the seat of government as now fixed by law and proceed to canvass the votes for all State and district officers and members of the legislature in the manner provided by the laws of the Territory for canvassing the votes for Delegate to Congress, and they shall issue certificates of election to the persons found to be elected to said offices severally, and shall make and file with the secretary of the Territory an abstract certified by them of the number of votes cast for each person for each of said offices and of the total number of votes cast in each county.

SEC. 15. The canvassing board of the various counties shall issue certificates of election to the several persons found by them to have been elected to the several county an precinct offices.

SEC. 16. All officers elected at such election shall, within thirty days after they have been declared elected, if New Mexico shall have been then admitted as a State, and if not, within thirty days after New Mexico shall have been admitted as a State, take the oath required by this constitution, and give the same bond as required by the laws of the Territory to be given in cases of like officers of the Territory, and shall thereupon enter upon the duties of their respective offices; but the legislature may require by law all such officers to give other or further bonds.

SEC. 17. All officers elected at such election shall hold their offices until the legislature shall provide by law in accordance with this constitution for the election of their successors and until such successors shall be elected and qualified.

SEC. 18. The governor-elect of this State, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legislature of the State at the seat of government as now fixed by law, on a day to be named in such proclamation, and which shall not be less than fiiteen nor more than thirty days after the date of such proclamation. Within ten days after the organization of the legislature both houses thereof shall proceed to elect, as I rovided by law, two Senators of the United States for the State of New Mexico. At said election the two persons who shail receive a majority of all the votes cast by the senators and representatives of the State shall be elected as such United States Senators, and shall be so declared by the presiding officers of the joint session of said two houses.

The presiding officers of the senate and house of representatives shall issue a certificate of election to each of said senators, certifying the fact of his election, which certificate shall also be signed by the governor and attested by the secretary of state.

SEC. 19. It is hereby made the duty of the legislature at its first session to provide for the payment of all debts and indebtedness incurred and authorized to be incurred by the constitutional convention of New Mexico which shall remain unpaid by the Territory of New Mexico.

SEC. 20. This constitution shall be enrolled in duplicate, after which both copies thereof shall be signed by the president of this convention and the secretary thereof and such delegates as desire to sign the same, whereupon they shall be deposited in the office of the secretary of the Territory, where they may be signed at any time by any delegate who shall be prevented from signing the same for any reason at the time of the adjournment of this convention. On the first day of December, A. D. 1889, the secretary of the Territory shall forward one of said copies to the President of the United States, at Washington, and shall attach his certificate thereto. under his seal of office, certifying that the same is one of the duplicate enrolled copies of the constitution adopted by this convention; the other copy shall remain on file in his office until the secretary of state shall be qualified under this constitution, when the same shall be turned over to him and filed by him and safely deposited and reco: ded by him in the books of miscellaneous records.

SEC. 21. Until otherwise provided by law the number and jurisdiction of the district attorneys shall be as now provided by law.

Done in open convention at the city of Santa Fe, in the Territory of New Mexico, this 21st day of September, in the year of our Lord 1889.

J. FRANCO CHAVEZ, President of Convention.
I. M. BOND, Secretary of Convention.

The Territory's latest official voice on this subject is that of its thirty-fourth or last (1901) legislative assembly, in the form of a memorial, in which I heartily concurred, and caused certified copies

thereof to be duly forwarded to the President and Congress, as in the same requested. The memorial is as follows:

NEW MEXICO'S MEMORIAL TO CONGRESS.-A PLAIN PRESENTATION OF WELL KNOWN FACTS SHOWING WHY THE TERRITORY SHOULD BE ADMITTED TO THE UNION AS A STATE.

To the honorable the Senate and House of Representatives

of the United States of America in Congress assembled: The people of the Territory of New Mexico, through your memorialist, their thirty-fourth legislative assembly, now in session at Santa Fe, respectfully demand that the Congress of the United States pass at the earliest moment possible an enabling act whereby they may form a constitution and State government, and be admitted into the Union on an equal footing with the original States; and in that behalf respectfully represent:

That they have an inherent right to such admission by virtue of the principles enunciated in the Declaration of Independence;

That such form of government was guaranteed to them by the solemn declaration of the treaty of Guadalupe-Hidalgo, more than fifty-three years ago:

That both of the great political parties of the nation promised in their last national platforms that New Mexico should be admitted as a State without delay; That the people of the Territory are ready and anxious for such admission, both great political parties in the Territory having so declared in their last Territorial platforms; and further, they ask admission

Because a Territorial form of government is intolerable to a free people; it is an incongruity under American institutions and should be maintained only so long as absolutely necessary to prepare its people for the higher form; and

Because it is taxation without representation; it is a denial of the right of the people to take part in the affairs of the nation, as they have no vote in Congress and never take part in the policies of their country, or in the election of its Chief Magistrate, and are never appointed to any office in the nation outside of the limits of the Territory itself, save in the Army in time of war: and

Because the people in a Territory are not free for various reasons, among others their legislative hands being tied by restrictive acts of Congress; because the promises of the national platforms of both great political parties are continually violated as to Territories, and because what ought to be our patrimony, the public domain, is often disposed of absolutely, and the proceeds turned into the national Treasury, and restrictive and annoying regulations are made regarding the public lands that are wrong in principle and hard to get corrected; and because prohibitive national legislation as to irrigation and water rights favorable to citizens of the Republic of Mexico, but ruinous to us, is threatened against us; and because Congress nearly always turns a deaf ear to the just demands of a Territory; and

Because the people of the nation have no confidence in a Territorial form of government, and refuse to invest their money therein, thus retarding its growth and development; and

Because for more than half a century we have been neglected by the nation, which has done nothing for the education of our people, although they needed it quite as bad in the beginning as do the Porto Ricans and other new possessions that are not thus being treated; and

Because the Territory of New Mexico has for half a century paid tribute to the National Government through the tariffs, sales of public lands, mining entries, timber sales, stamp taxes, etc., to an amount vastly in excess of any sums of money ever received in return for all purposes combined; but

New Mexico demands statehood because she has shown her right to it, in sending more soldiers to the defense of the country per capita in the civil and SpanishAmerican wars than any other State or Territory; and

She demands it because she is now better than ever well fitted to assume such higher form of government, as in the last few years she has advanced from fourth to first place as a wool-producing and sheep-raising section of the nation, and is well on toward first place as a cattle raiser, and her mineral, timber, and agricultural interests are vast in extent and are being developed in a phenomenal manner. Railroads are being built, plants erected. and industries of different kinds being established all over the Territory, which has an area as great as that of all of the New England States and the State of New York combined.

Statehood is demanded because the Territory has now a popu ation of about 250.000 people; and

Because it has within its boundaries property easily of the value of upward of $100,000,000 that will be available to tax for the support of a State government; and

Because it has made more educational progress in the last decade than any other part of the nation, without exception, and has now a better system of common schools per capita than any other State or Territory; and

Supports more and better public institutions (all built at its own expense when the National Government ought to have built them. we still being a Territory), among which institutions may be mentioned a capitol building, a university, a school of mines, an agricultural college and experiment station, a normal university and a normal school, several other fine normal schools, a military institute, an insane asylum, and a penitentiary. besides several fine hospitals, a deaf and dumb asylum, and many other minor institutions; and

Because it has within its boundaries not less than fifteen cities and towns that are modern, up-to-date places in every respect, and that are far in advance of places in the eastern States of equal size, and this without disparaging the many other towns and villages within its boundaries, and all of which cities and most of which towns support and have the finest kind of buildings in which to maintain as fine a system of public schools as exist anywhere west of the Central States; or, in fact, anywhere in the whole nation: and

Because the Territory supports per capita more daily newspapers that take the press dispatches, and more newspapers and other publications generally than any other State or Territory in the nation, without exception: and because the Territory in proportion to population supports and has within its borders more banks, national and Territorial, and showing a larger ratio of deposits per capita, than any other State or Territory; and

Because the people of the Territory are a conservative, law-abiding people, more than 90 per cent of them being born American citizens, attached to the principles of the Constitution of the United States; and

Because in more than twelve Congresses of the United States the fitness of the people of New Mexico for a State government has been fully investigated, and bills passed in one House or both for the admission of the Territory, all of which failed to become a law through one mishap or another, until now more than half a century has passed and the Territory has arrived at its present advanced condition all through its own unaided efforts and at its own cost, notwithstanding the continued neglect of the National Government and the tribute it has had to pay as aforesaid:

Wherefore your memorialist prays that its just demand here made for rights too long deferred may be granted to the law-abiding and patriotic people of the great Territory of New Mexico; and

Be it resolved by the legislative assembly of the Teritory of New Mexico, That the foregoing memorial be and the same hereby is adopted, and that the secretary of this Territory be and hereby is requested to certify copies thereof to the President of the United States, the President of the Senate, the Speaker of the House of Representatives, and the Delegate in Congress.

I would, therefore, most earnestly renew my recommendation, made in my last report, with reference to the early admission of New Mexico as a State of the Union. The reasons given at that time for such admission are stronger now by reason of increased population, wealth, and intelligence. The admission of New Mexico to the sisterhood of States would be beneficial alike to her people and the Federal Government. Self-government, which carries with it to every citizen the right to participate in the selection of the various officers intrusted with the management of the government, is a privilege few American citizens would willingly be deprived of and one that all eagerly seek. Self-government would not only relieve the Federal Government of the enormous expense it is subjected to in the management of the present Territorial form of government, but would also relieve it of the responsibility of selecting the officers to manage the Territory's affairs.

As for the population, physical, financial, educational, and social conditions of the Territory, particular attention is called to the separate reports contained herein.

HISTORY OF CIVIL GOVERNMENT IN NEW MEXICO.

The organization of civil government in the Territory of New Mexico was unique. The organic act establishing the Territory was approved

September 30, 1850; the ratification of the treaty of peace between the United States and Mexico was held May 3, 1848, and proclamation thereof made July 4, 1848, just fifty years earlier than the capture of Santiago. But two years prior to that time the United States Government had established through its military authority a complete code of civil laws for the future Territory of New Mexico, which, at that time, consisted of the present Territory, all of Arizona, and the southern half of Colorado. On the 22d day of September, 1846, Brig. Gen. S. W. Kearney, in command of the army of invasion, issued and proclaimed to the people a "bill of rights," which is still retained on the statutes unchanged. On the same day he proclaimed "the Kearney Code," which was reenacted by the legislature in 1865 and nearly all the provisions of which are still in force; and on the same day, by virtue of his authority as brigadier-general, he appointed the following list of civil officers: Charles Bent, to be governor; Donaciano Vigil, to be secretary; Richard Dallam, to be marshal; Frank P. Blair, to be United States district attorney; Charles Blumner, to be treasurer; Eugene Leitzendorfer, to be auditor of public accounts; and Joab Houghton, Antonio Jose Otero, and Charles Beaubien, to be judges of the superior court. In his letter transmitting to the AdjutantGeneral a copy of these laws and list of appointments, General Kearney made the following statement:

I take great pleasure in stating that I am entirely indebted for these laws to Col. A. W. Doniphan, of the First Regiment of Missouri Mounted Volunteers, who received much assistance from Private Willard P. Hall, of his regiment. These laws are taken, part from the laws of Mexico, retained as in the original, a part with such modifications as our laws and Constitution made necessary; a part are from the laws of Missouri Territory, and a part from the laws of Texas, and also of Texas and Coahuila, a part from the statutes of Missouri, and the remainder from the Livingston Code.

The first governor, Bent, was assassinated the year after his appointment, at the pueblo of Taos, during what is known as the "Taos rebellion," which was suppressed with considerable loss of life by United States troops, out of which rebellion arose a number of prosecutions for treason, conducted by Frank P. Blair, United States attorney.

The civil law and the Kearney Code remained the rules of civil action down to 1876, when, by statute, the "common law as recognized in the United States of America was adopted. This was the law of the land until the legislature of 1897 adopted a code of civil procedure.

The first legislative assembly of the Territory of New Mexico assembled in Santa Fe in December, 1847. The laws passed at that session were printed in a pamphlet, to which was added "Order No. 10," from the Headquarters of the Ninth Military Department, imposing a duty of 6 per cent on merchandise imported into the Territory. The authorization of these laws is printed in the same pamphlet, as follows:

SPECIAL ORDER (
No. 5.

}

HEADQUARTERS NINTH MILITARY DEPARTMENT, Santa Fe, N. Mex., February 5, 1848. The foregoing legislative enactments of the Territory of New Mexico having been duly reviewed by the commanding general of the Territory, they are hereby approved, and they will be duly observed.

By order of brigadier-general:

W. E. PRINCE.

Aid-de-Camp and Acting Assistant Adjutant-General.

STERLING PRICE.

The first section of the General Orders No. 10, referred to on the title page of the laws, is as follows:

On and after the 1st day of February, 1848, the following regulations will govern the civil and military officers in the discharge of their respective duties: First, the officers named in the statutes as secretary of Territory, United States district attorney, and United States marshal are hereby abolished.

It is believed the above résumé of the methods of introducing American laws into conquered Spanish territory may be of interest at this time when similar conditions exist which require similar action on the part of the Government.

EDUCATION.

OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION,

Santa Fe, N. Mex., June 30, 1901.

SIR: In compliance with your request, I have the honor to submit herewith a report on the educational interests of New Mexico for the year ending the date above written. But in doing so I feel it incumbent upon me to state that the data is not as completely up to date as I should like to have it, for the reason that under our present requirements of law our school officials are not called upon to forward their annnal reports to this office until late in the fall season, and I therefore must rely largely upon the records of the office as I find them on file under date of December 31, 1900, in order to comply with your request. The regular annual report of the superintendent of public instruction for the school year of 1901 will be forthcoming in December next, as the law requires.

Respectfully,

Hon. M. A. OTERO,

Governor of New Mexico.

J. FRANCO CHAVES. Superintendent of Public Instruction.

In this opening year of the twentieth century, teeming as it does with all the vitalizing forces of modern life and action and characterized by the highest degree of civilization the world has ever known, with our fair nation standing in the vanguard and carrying enlightenment to all the nations of the earth, it may be well to take a retrospective glance and recall for a moment the earlier days of New Mexico's school history and consider the trials, the tribulations, and the hardships which attended our forefathers in their struggles to build up here an educational system. That they succeeded to a certain extent, despite all obstacles and by the sacrifice of much blood and treasure, is a matter of history. For here in this historic city these valiant Spanish pathfinders established and placed in operation more than two centuries ago the first school, the first church, and the first printing press erected on American soil.

Investigation shows that New Mexico was settled by Spaniards in the year of 1598. Previous to that time various expeditions sent by the Government of Spain had explored all the region now comprised within the boundaries of the territory along the Rio Grande, but it was not until the 30th day of April, 1598, that formal possession was taken by one Juan de Onate.

The objects for which possession was taken are stated at large in the act of possession, and they may be summarized as follows: "To reduce the country to the dominion of Spain; to settle and colonize it; to introduce into it all the necessary wagons. horses, oxen, sheep, and other live stock; to introduce the Spanish customs and laws, together with the Christian religion, among the Indians; to civilize them, introducing among them the mechanical and industrial arts: to instruct them in the use of all those matters that would tend to their mental and moral advancement, and to assimilate them in such a way by the Spanish scheme of conquest that they might become a truly civilized people, learning everything that would increase their polity and happiness."

This colonizing expedition, comprising about 400 men, among whom 150 had their wives and children with them, carried with them all the implements and material for the building of a new civilization in the wilderness of the new country. They were accompanied by 10 or 12 friars under the leadership of a commissary-general.

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