New Mexico's struggle for statehood ; sixty years of effort to obtain self government

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Act of 1910.— The Historic Pens.

NEW MEXICO'S
STRUGGLE FOR STATEHOOD

Sixty Years of Effort to Obtain
Self Government.

BY

L.h BRADFORD PRINCE,
President Historical Society of New Mexico,
Ex-Assemblyman and Senator, New York,
Ex-Chief Justice and Governor, New Mexico.

FIRST EDITION.

SANTA FE, N. M.

THE NEW MEXICAN PRINTING COMPANY
1910

f 95 0\

COAST
HISTORY

TABLE OF CONTENTS.

CHAPTER I. Page
.The Beginning of the Struggle 5

CHAPTER II.

Convention of 1848 9

CHAPTER III.

Convention of 1849 13

CHAPTER IV.

The Constitution of 1850 and First 'State

Government 17

CHAPTER V.

Legislative Effort and Constitution of 1872 ... 24

CHAPTER VI.

Congressional Action to 1876 34

CHAPTER VII

Congressional Action 1876 to 1895 37

CHAPTER VIII.

Constitution of 1890 48

CHAPTER IX

Proposed Changes of Name 60

CHAPTER X.

Favorable Influences 65

CHAPTRR XI.

National Conventions 70

CHAPTER XII.

Hearings in Washington 74

CHAPTER XIII

Statements to Committees. 81

2 TABLE OF CONTENTS.

CHAPTER XIV. Page

Congressional 1895 to 1901 91

CHAPTER XV.

The Beveridge Com mittee 95

CHAPTER XVI

The Right to Self Government 102

CHAPTER XVII.

Joint Statehood Movement of 1906 107

CHAPTER XVIII.

Proposed Convention of 1907 113

CHAPTER XIX

Congressional Action, 1901 to 1910 118

CHAPTER XX.

Final Success. 124

INTRODUCTION".

Self-government is the fundamental principle of a Re-
public; pre-eminently of the American Republic.

It is the keynote of the Declaration of Independence,
and the foundation of the Constitution. '

"Governments derive their just powers from the con-
sent of the governed."

"We, the people of the United States. . . .do ordain and
establish this Constitution."

Yet, in New Mexico, American citizens have been de-
prived of self-government for over sixty years; and that,
against their repeated remonstrances; and for at least a
quarter of a century without a vestige of right or reason.

Now, when this strange anomaly is about to disappear,
and this long period of un-American bondage to end, it
seems proper to review the history of those years, and of
the Struggle for Statehood which has continued through
their whole duration.

Again, there are few who appreciate the remarkable re-
cord which New Mexico has achieved as a constitution-
maker. No Territory ever framed so many constitutions;
no Territory ever framed them so well.

The three that are in print, those of 1850, 1872 and
1890, are all models of excellence, instruments of which
any people may be proud.

It seems well, just as the final constitution is to be form-
ulated, that the excellences of these should be realized and
perhaps in some respects followed.

That of 1850, especially, is a marvel. When we remem-
ber that it was written less than four years after the
American occupation; by a convention, over nine-tenths
of whose membership was of Spanish descent and very
brief experience in the American governmental system, it
is not simply creditable, it is almost a miracle of excel-
lence; and its courageous declaration as to human slavery,

4 INTRODUCTION.

under the peculiar circumtances, and in view of the sacri-
fice which it involved., is beyond all praise.

There is another reason which seems to render such a
retrospect timely. Perhaps nowhere in history is there
such a series of failures, in what at the time seemed al-
most certainty, through unlocked for and often insignifi-
cant causes.

Statehood was almost attained in 1850; it was lost by
a handshake in 1875, by a sudden impetuous word in
188£), by a shiver of malaria and a miscalculation of time
in 1894.

At least a dozen times the passage of an Enabling Act
has been considered certain, and its failure has come from
some unimportant cause. Today, the fruition of long ef-
fort, the victorious end of the protracted struggle, seems
at hand. But this retrospect may teach the value of ex-
treme care and tactful consideration, that the chalice may
not again be dashed from the thirsty lips, and American
citizens be longer consigned to political bondage.

STRUGGLE FOR STATEHOOD

CHAPTER I.

THE BEGINNING OF THE STRUGGLE.

In no part of the United States has there ever been such
a protracted struggle for self-government as in New Mexi-
co. In no other case has Statehood been so long withheld.

The inhabited parts of the Louisiana Purchase, in the
vicinity of New Orleans and St. Louis, acquired in 1803,
were admitted as the State of Louisiana in 1812 and that
oi' Missouri in 1821. Florida, which was acquired from
Spain in 1821, became a State in 1845. Of the terri-
tory ceded by Mexico in 1848, California, which was then
the only inhabited portion except New Mexico, was ad-
mitted in 1850. The vast domain north and south of the
Ohio, roamed over by Indians at the foundation of the
national government, was divided into self-governing
States as fast as white settlement permitted ; Ohio, Indiana
and Illinois becoming States in 1802, 1816 and 1818; and
Mississippi and Alabama in 1817 and 1819.

New Mexico was acquired with California and the re-
mainder of northern Mexico by occupation in 1846 and
cession in 1848, and yet more than sixty years afterwards
it was still struggling to obtain the fundamental right of
a free people and still meeting opposition and defeat.

The struggle for Statehood began almost as soon as the
American occupation. In the speeches and proclamations
of Gov. Kearny language was used which aroused hope,
if it did not give promise, of self-government. In the
first address in front of the Palace, on August 19th, 1846,
he announced the intention to "establish a civil govern-
ment on a republican basis similar to those of our own
States."

6 THE BEGINNING OF THE STRUGGLE.

In the formal proclamation of annexation issued three
days later, appeared these words: "It is the wish and in-
tention of the United States to provide for Xew Mexico
a free government, with the least possible delay, similar
to those in the United States."

By Article IX of the Treaty of Guadahvpe Hidalgo it
is provided that the people of the ' Territory annexed to
the United States "shall be incorporated into the Union
of the United States and be admitted at the proper time
(to be judged of by the Congress of the United States) to
the enjoyment of all the rights of citizens of the United
States according to the principles of the Constitution.'7

The ratifications of the Treaty were exchanged at
Queretero, May 30, 1848, and it was formally proclaimed
at Washington on July 4, 1848, and at Santa Fe in Au-
gust of that year.

By this re-establishment of peace the military rule in
the newly acquired territory, together with the civil gov-
ernments which had been set up by military authority in
California and Xew Mexico, legally ceased to exist, but
the practical conditions required some regular govern-
ment to act until Congress should provide for the future;
and the national administration took the ground that "the
termination of the war left an existing government, a gov-
ernment de facto, in full operation ; and this will continue,
with the presumed consent of the people, until Congress
shall provide for them a Territorial government." The
advice of the President was that the people should "live
peacably and quietly under the existing government for
a few months" until Congress could act deliberately and
wisely.

Hon. Thomas H. Benton, then in the height of his
influence and power as Senator from Missouri, was greatly
interested in the condition of the new domain, and especi-
ally of New Mexico; and in default of any representation
of the acquired territory, in Congress, he cheerfully as-
sumed the place of its protector and was looked up to by
the body of the people as their best friend and their politic-
al guide. The view that he took of the situation was that

THE BEGINNING OF THE STRUGGLE. 7

no congressional enabling act or other action by Congress
was necessary, but that the people as American citizens
had the right to frame and adopt a constitution, organize
their local government, and then ask Congress to admit
them into the Union and afford to them proper representa-
tion in both Houses of the national legislature. Under
date of August 28th, 1848, he addressed an open letter
to the people of California and New Mexico, in which he
advised them "to meet in convention, provide for a cheap
and simple government, and take care of yourselves until
Congress can provide for yon."

Meanwhile, under the provisions of the Kearny Code,
the first legislature of New Mexico had been elected, and
had held its regular session, beginning on December 6th,
1847. The Council consisted of seven members elected by
districts, with Antonio Sandoval of Bernalillo County as
President ; and the House of twenty-one members with
W. Z. Angney as Speaker.

This legislature could do little but local business, as the
Treaty of Peace with Mexico was not yet signed, but it
has been rendered famous by the bold and excellent char-
acter of the Message delivered to the joint session by Gov.
Donaciano Vigil, especially relative to public education.
After lamenting that there was but one public school in
the Territory, and that the funds were only sufficient for
one teacher, he says : "It is evident that the means of ob-
taining an education are exceedingly limited and that the
facilities should be greatly increased, that opportunities
for learning should be given to all, to the poor as well as
the rich, and if possible a school placed in every town and
neighborhood of the Territory. If our government here
is to be republican, if it is to be based upon democratic
principles; and if the will of the majority is one day to
be law of the land and the government of the people, it
is most important for this will to be properly exercised.
The people must be enlightened and instructed so that
every man shall be able to read and inform himself of mat-
ters important to his country and his government. It is
true that the available means which could be applied at

8 THE BEGINNING OF THE STRUGGLE.

present to the cause of education are small. But for the
promotion of so desirable an object they should be both
increased and economized. All that the legislature can
do for the cause of education of the people is most earnest-
ly pressed upon them, and to this object I give my hearty
approval and co-operation/'

Thus the first official utterance in -New Mexican legis-
lative halls was for education and progress.

CONVENTION OF 1848.

CHAPTER II.

CO:NTENTION OF 1848.

The advice of Senator Benton was quickly followed. New
Mexico was without any legal government since the Treaty
of Guaclahipe Hidalgo had ended the regime of military
occupation, and the continuance of the de facto military
authority was but a temporary make-shift justifiable by
the peculiar conditions. The people were anxious for al-
most any form of government which would be regular in
form and civil in character.

Under call from Gov. Vigil, a Convention was held at
Santa Fe on Oct. 10th, 1848, and organized by the election
of Antonio Jose Martinez of Taos (the celebrated Padre
Martinez) as President, J. M. Giddings as Clerk, Henry
Henrie as Interpreter, and Thomas White as doorkeeper.
Gov. Vigil took an active part in the proceedings, although,
perhaps from a strict regard for the proprieties of his po-
sition, he did not sign the Petition to Congress.

Francisco Sarracino, who had been Governor of New
Mexico under the Mexican regime, in 1834, Governor
Vigil, James Quinn and Juan Perea were appointed a
committee to draft a memorial to Congress expressing the
views of the Convention. They reported a form of- Peti-
tion, which was unanimously adopted, which looked to the
immediate establishment of a Territorial Government, en-
tirely civil in its character, which then appeared the most
feasible method of obtaining relief from military rule and
some regular legal system, by act of Congress. This Peti-
tion contained the following paragraphs, together with
others of less importance:

"We, the people of New Mexico, respectfully petition
Congress for the speedy organization of >a territorial civil
government.

"We respectfully petition Congress to establish a gov-
ernment putely civil in its character.

"We respectfully, but firmly, protest against the dismem-

10 CONVENTION OF 1848.

berment of our territory in favor of Texas or from any
cause.

"We do not desire to have domestic slavery within our
borders; and until the time shall arrive for admission into
the Union of States, we desire to be protected by Con-
gress against the introduction of slaves into the Territory.
"We desire a local legislature, such as is prescribed by
the laws of New Mexcio, September 22, 184:6, subject to
the usual veto of Congress.

"We desire that our interests be represented by a dele-
gate admitted to a seat in Congress."

This was dated October 14th, 1848, and was signed by
the following members of the convention :

AXTOXIO J. MAETIXES.

ELIAS P. WEST,

JUAX PEEEA,

FEAXCISCO SAEEACIXO.

GEEGOEIO VIGIL,

EAMOX LUXA.

AXTOXIO SAIS,

SAXTIAGO AECHULETA,

JAMES QUIXX,

MAXUEL A. OTEEO.

CHAELES BEAUBIEX,

JOSE PLEY.

On motion of Gov. Vigil, it was determined to send
copies to Senator Benton of Missouri and Senator Clay-
ton of Delaware, with the request that they represent the
interests of Xew Mexico in the Senate until it should have
regularly represented members.

It is recorded in Xiles' Eegister, Vol. 74, p. 407, that
when this petition was received and read in the Senate on
Dec. 13th, it caused quite a storm of comment, especially
from the pro-slavery senators, who were astounded at
what they termed "the insolence" of the language of the
document.

Xothing resulted from the action of this convention, and
the people continued to be very restless under the irregular
authoritv of the militarv commanders. Thev were divided

CONVENTION OF 1848. 11

into two parties, one anxious for Statehood, and the other
believing that a regular territorial organization was all
that could be obtained and that therefore their efforts
should be bent in that direction.

But in fact the wishes of the people of New Mexico were
considered in Washington then but little more than in
more modern days, and the Territory was only a pawn
in the game of national politics and in the mighty conflict
between the slave power and the aroused sentiment in favor
of freedom.

The South had brought about the annexation of Texas,
and followed it up by the war against Mexico, in order to
acquire a vast additional area south of Mason and Dixon's
line supposed to be suited to slave labor and expected to
be cut up into future slave states. But there was disap-
pointment as to the anticipated results. The discovery of
gold in California had led to a phenomenal emigration to
the Pacific, largely from the North and opposed to slav-
ery. The rapid increase of population there made it al-
most impossible to refuse Statehood to the Golden State,
and the only way to keep even a balance between the sec-
tions was to form a slave State in New Mexico. But to
the surprise of the southern leaders, it was found that
the Mexican population was unalterably opposed to slavery.
In the very first New Mexican convention, as we have
just seen, they spoke on that subject in no uncertain tones.

The situation was further complicated by the claim of
Texas to the ownership of all the Territory east of the
Eio Grande, which was vigorously maintained by the Lone
Star State. Though without any foundation in law or
history, and absurd in view of the fact that for two hun-
dred and fifty years New Mexico had existed as it does to-
day, on both sides of the Elver and with its capital and
chief towns on the east side, and that its authorities
through all that period had exercised undisputed authority
over the country east of the Eio Grande, as far as the
European settlements extended, and on the buffalo plains
as far as the western line of the great domain then known
as Louisiana, yet the United States, by assuming in the

12 CONVENTION OF 1848.

Mexican War that Texas rightfully included the country
between the Xueces and the Rio Grande, had given its
claim a kind of endorsement which now was a source of
much embarrassment and of most animated debates in
Congress. Thus the fate of Xew Mexico depended far
more on the strength of sectional divisions and the exigen-
cies of party policies in Washington, than on the acts and
wishes of it? own people.

CONVENTION OF 1849.

CHAPTEE III.

CONVENTION OF 1849.

Still these people were unceasing in their struggles to
obtain some regular form of government under which their
rights should be protected.

In deference to this sentiment, in the summer of 1849,
Lieut. Col. Beall, acting as Governor during the absence
of Col. Washington, issued a proclamation for the election
of Delegates to a Convention to consider a plan for the
civil government of New Mexico. This convention con-
sisted of nineteen Delegates,, apportioned among the seven
counties into which the Territory was then divided; and
it met at Santa Fe on the 24th of September. The Journal
of this interesting body has recently been re-printed by the
Historical Society of New Mexico, .as its publication No.
10^ from the original document presented in Congress,
Feb. '25, 1850, and printed as H. E. Mis. Doc, No. 39,
31st Cong. 1st. Ses.

The record is entitled as follows :

JOURNAL AND PROCEEDINGS OF A CONVEN-
TION OF DELEGATES ELECTED

By the people of New Mexico, held at Santa Fe on the
24th of September, 1849, presenting a plan for a civil
government of said Territory of New Mexico and asking
the action of Congress thereon.

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 proclama-
tion of Lieutenant Colonel Beall, civil and military com-
mandant of the Territory of New Mexico, in the absence
of Lieutenant Colonel J. M. Washington, civil and mili-
tary governor.

The following was the membership of the Convention
by Counties :

Kernalillo — Manuel Armijo y Mestas, Ambrosio Armijo
V Ortiz.

14 CONVENTION OF 1849.

liio Arriba — Joseph Xangle, Salvador Lucero.
>Vm Miguel — Gregorio Vigil, Manuel Antonio Baca.
$anta Ana — Miguel Montoya, Francisco Tomas Baca.
tianta Fe — Manuel Alvarez, E. Vaudry Deroin, W. Z.

Angney.
Taos — Ceran St. Vrain, Antonio Jose Martin, Antonio

Leroux.

Valencia — Juan Jose Sanches, William Curtis Skinner,
Mariano Silva, Antonio Jose Otero, Manuel
Antonio Otero.

On motion of Ceran St. Vrain, the Rev. Cura Antonio
Jose Martinez was unanimously elected President; but in
the subsequent election and other votes there was a uniform
division of fifteen to four, the minority consisting of the
three Santa Fe members, Alvarez, Deroin, arid Angney,
and Dr. Xangle of Eio Arriba.

The Convention elected a Delegate to represent New
Mexico in the Congress of the United States, Hugh X.
Smith being chosen for that position; and subsequently
named ex-Governor Francisco Sarracino as "alternate
delegate/7

A committee of five was then appointed to report the
basis of a constitution for the government of the Territory
and instructions for the delegate to Congress.

On the third day of the Session, by invitation, his Ex-
cellency Gov. Washington, Hon. Joab Houghton, Justice
of the Supreme Court, and Hon. Donaciano Vigil, Secre-
tary of the Territory, appeared and were escorted by a com-
mittee to seats with the President.

The plan of government, or constitution, adopted as a
recommendation to Congress, shows excellent judgment,
and was largely followed in the provisions of the Organic
Act of 1850. It is brief and left all details to be settled
by subsequent legislation. The following provisions may
be cited as showing both good sense and foresight :

"Art. II. Sec. 15. Xo person who now is, or hereafter
may be, a collector or holder of public money, or assistant
or deputy thereof, shall be eligible to any office of profit or
trust, until he shall have accounted for, and paid over all

CONVENTION OF 1849. 15

moneys for which he may be acountable as such collector
or holder; and no person who shall have directly or in-
directly given any bribe to procure his election or appoint-
ment to any office, or who shall have been convicted of per-
jury 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 isi worthy of reproduction. It reads as follows :

INSTKUCTIONS AS ADOPTED BY THE CON-
VENTION.

"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 su-
preme 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 admin-
istration of its own laws, in consequence of which, indus-
try and enterprise are paralyzed, and discontent and con-
fusion 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 exten-
sion of settlements upon our valuable public domain, and
rendered utterly futile every attempt to explore or de-
velop the great resources of the territory; surrounded by

16 CONVENTION OF ltt-49

the Eutaws, Comanches, and Apaches, on the north, east
and south., by the Xavajos on the west, with Jicarillas with-
in our limits, and without any adequate protection against
their hostile inroads; our flocks and herds are driven off
lry thousands, our fellow-citizens, men, women and children
are murdered or carried into captivity; many of our citi-
zens 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 ris-
ing 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 Minne-
sota 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 practic-
able, 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."

C/TrtU^ &t^<

Ballot at First Statehood Election. 1850,

CONSTITUTION OF 1850. 17

CHAPTEE IV.

THE CONSTITUTION OF 1850 AND FIRST STATE
GOVERNMENT.

Meanwhile the discussion of the status of the vast do-
main recently acquired from Mexico continued in Congress
almost incessantly and with considerable bitterness, on
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 ex-
citement.

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

18 CONSTITUTION OF 1850.

Crawford) to Lieut. Col. McCall, dated Xov. 9, 1849,
when the latter was on his way to Xew Mexico. Their pur-
port will be seen from the following extract:

"Since their annexation these territories in respect to
their civil government have in a great measure depended
on the officers of the army there in command. This con-
dition has arisen from the omission of Congress to provide
suitable governments; and in regard to the future there
is reason to believe that the difficulties of the past are still
to be encountered. It is not doubted that the people of
Xew Mexico desire and want a government organized. The
question readily recurs how that government can be sup-
plied. It is therefore deemed proper that I should say
that it is not believed that the people of Xew Mexico are
required to await the movements of the Federal Govern-
ment in relation to a plan of government for the regula-
tion of their own internal concerns. The Constitution of
the United States and the late Treaty with Mexico guar-
antee their admission into the Union of our States, subject
only to the judgment of Congress. Should the people of
Xew Mexico wish to take any steps towards this object, it
will be your duty and the duty of others with whom you
are associated, not to thwart but to advance their wishes.
It is their right to appear before Congress and ask for ad-
mission into the Union."

Soon after his arrival, Col. McCall spread abroad the in-
formation that Congress did not favor a territorial form
of government but that President Taylor was very anxious
that Xew Mexico should immediately become a State. Let-
ters of the same purport were also received from Delegate
Smith, who remained in Washington, although he had not
been admitted to a seat in Congress; receiving 86 votes
against 92, on the final action.

The result was that all parties united in the desire for
a Constitutional Convention, and an important meeting
was held in Santa Fe on April the 20th, 1850, where reso-
lutions to that effect were adopted, and Col. Monroe, then
Military Governor, was requested to issue a proclamation
calling for an election of delegates.

CONSTITUTION OF 1850. 19

This he did in April, 1850,, and a regular Constitutional
Convention was elected, and commenced its session on May
15, 1850. James H. Quinn was elected president of the
convention. The convention sat for ten days and succeeded
in formulating a Constitution which all concede to be an
admirable instrument. It was dated May 25, and when
printed was accompanied by an address, explanatory of
some of its provisions as well as of the general advantages
of Statehood, as excellent in its substance and tone as the
Constitution itself.

The two features which naturally attract most attention
are the clear declaration against slavery in the new State,
and the appreciation shown of the value of public educa-
tion. Besides the section of the Constitution forever pro-
hibiting slavery in New Mexico, there was a strong para-
graph on that subject in the accompanying address show-
ing that slavery had always been the curse of the communi-
ties in which it existed.

It is an evidence of the courage and high principle of
the convention which formulated the Constitution, that at
that time, when the debate on slavery was raging in Con-
gress, when they knew that the slave power was determined
to have a new slave State to balance California, and that
if they declared for slavery they would be admitted in a
moment; they sacrificed their prospects of immediate ad-
mission to the higher duty of protecting their cherished
land from the incubus and wrong of human bondage. It
should never be forgotten that this first Constitutional
Convention in New Mexico, in which native New Mexicans
composed over ninety per cent, of the membership, took
this high ground and maintained it courageously, although
by so doing they were placing in jeopardy their own right
to self government.

On May 28th, Col. Monroe, the Military Governor, is-
sued his proclamation calling for an election on the adop-
tion of the Constitution to be held on June 20th? and also
a vote on a separate ballot "for governor, lieutenant gover-
nor, representative to Congress, and for senators and rep-
resentatives to a State Legislature to convene at the capital

20 CONSTITUTION OF 1850.

on Monday the first day of July next. It being provided:
and understood that the election of all officers can only
be valid by the adoption of a constitution by the people,
and otherwise null and void; and that all action of the
governor, lieutenant governor, and of the legislature shall
remain inoperative until New Mexico be admitted as a
State under said Constitution., except such acts as may be
necessary for the primary steps of organization and the
presentation of said Constitution properly before the Con-
gress of the United States. The present government shall
remain in full force until, by the action of Congress, an-
other shall be substituted/7

The proclamation was thus carefully worded in order to
express the opinion of Gov. Monroe as to the effect of the
election and the powers of the new State official*, an
opinion to which he adhered without deviation to the end.
In this the Military Governor of New Mexico differed
widely from similar officials in California, where Gov.
Eiley in his proclamation of election clearly expressed his
intention to surrender his authority to the new State Gov-
ernor, if the Constitution should be adopted, and actually
carried out that promise.

In New Mexico, there was no real contest over the Con-
/stitution, which seems to have been universally approved;
the vote in favor of its adoption being 8,371 against 39
opposed. But for State and local officers there was the
usual political contest. The candidates for governor and
lieutenant or vice governor on one ticket were Henry Con-
nelly, a well known merchant of the Santa Fe trail, and
Manuel Alvarez, for many years U. S. Consul at Santa Fe;
while opposed to them were Tomas Cabeza de Baca and
Ceran St. Vrain. A few of the ballots used at this first
State election are still in existence, in the collection of the
New Mexico Historical Society, and are written on paper
of uniform size. Those that are preserved were for Santa
Fe County, and are "split" as to some of the candidates,
being for Baca for Governor, and Alvarez for Yice-Gover-
iior, probably a popular combination in that locality. Con-
nelly and Alvarez were elected by a considerable majority.

CONSTITUTION OF 1850. 21

So strongly contested was this first State election that
a contest was made before the Senate by Murray F. Tuley.
Levi D. Keithley and Donaciano Vigil, claiming the seats
for which Joseph Wangle, Domingo Baca and Jose F.
Leiba received certificates from the district composed of
Santa Fe, San Miguel and Santa Ana counties. This Mur-
ray F. Tuley was the same who afterwards achieved wide
celebrity as a judge in Chicago, occupying the bench there
for over a quarter of a century.

The legislature met on the 4th of July and continued in
session over a week. It elected Francis A. Cunningham
and Richard H. Weightman, United States Senators ; made
various appointments, ordered an election for local officials
in August, organized the County of Socorro, and proceeded
to enact general legislation. This was entirely contrary to
the language of Gov. Monroe's proclamation, and assumed
that the State was actually established, and its govern-
ment fully organized, without any Congressional action.

A controversy immediately arose between Alvarez, act-
ing as State Governor, while Connelly was absent in the
east, and Col. Monroe, the Military and Civil Governor of
the Territory. Both were able men and sustained their
respective positions with vigor. On July 6th, Alvarez sent
to Monroe a long defense of the course of the State gov-
ernment. He claimed that the people had a right to or-
ganize a civil government without consulting the military
authorities; that any private citizen might have issued the
proclamation; that in the absence of Congressional legisla-
tion, the people of New Mexico had as good a right to form
or remodel their own system, or establish a new one, as
the people of New York or Virginia; that Monroe's civil
power could be no greater than that of the President, and
that the President had never pretended to have the power
to make a government for New Mexico or insist on the old
one; that the President's instructions, and all others from
Washington, simply advised temporary submission to the
old government as existing by presumed consent of the
people. That consent had been withdrawn and a new gov-
ernment organized, which must be recognized until Con-
gress should refuse to sanction it."

22 CONSTITUTION OF 1850.

On July 12th Col. Monroe answered, insisting on ad-
herence to the terms of his original proclamation and on
a continuance of the old regime pending Congressional
action.

Gov. Alvarez immediately replied, deploring the con-
troversy,, but asserting that the people cannot surrender
their dearest rights.

On the 15th, the Senate and House of the State Legisla-
ture passed resolutions endorsing the action of Gov. Al-
varez, signed by W. Z. Angney, president of the Senate,
and Joseph Nangle, speaker of the House.

On the 23rd, Col. Monroe, by Donaciano Vigil, Secre-
tary of the Territory, sent a circular letter to the Prefects
of all the counties, informing them that "the State gov-
ernment of New Mexico has no legal existence until New
Mexico shall be admitted into the Union as a State by
the Congress of the United States; and that, until other-
wise deermined by competent authority, the present gov-
ernment continues and will be sustained."

As the time for the local elections under the State legis-
lative Act approached, a compromise was effected in order
to allay the popular excitement. The legislature adopted
a joint resolution stating that "no officer, elective or ap-
pointive, under the State government, will attempt to exer-
cise any jurisdicion until after November first or until
duly commissioned to act as such"; and on August 9, Col.
Monroe responded by another letter from Secretary Vigil
to the Prefects, instructing them that no obstacle should
be offered to, and no part taken in, the State election on
the 12th, but that the officials elected were not to be recog-
nized. Thus any real conflict was avoided, until the news
arrived by the slow mails across the plains, that Congress
had passed the so-called Compromise Measures of 1850,
which settled the whole matter.

Under their provisions California was admitted as a
free State ; New Mexico and Utah, covering all the remain-
ing area acquired from Mexico, were made into territories,
with no mention of slavery; Texas abandoned her claim on
Xew Mexico east of the Eio Grande, and received a large

CONSTITUTION OF 1850. 23

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 Mex-
ico 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 ad-
mitted as Delegate from the Territory instead of Eepresen-
tative of the State.

The President appointed James S. Calhoun- first Gov-
ernor of the Xew 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 In-
dian tribes which practically encircled the Territory.

24 LEGISLATIVE EFFORT, 1872.

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 authoriz-
ing 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.

On February 3, 1870, the Legislature passed an act pro-
viding 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 occur-
rence. The preamble to the Act reads as follows : "Where-
as, We, the members of the Legislative Assembly of the
Territory of Xew Mexico, as the representatives of the
people, after due consideration of the best interests of Xew
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 funda-
mental principles of a free and sovereign State, etc." From
this it appears that the Constitution had been already pre-
pared 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
wras approved by the Governor on February 1. 1872, en-
titled "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,

LEGISLATIVE EFFORT, 1872. 25

the law provided that a General Election should be held on
the first Monday in June, 1872, "for the purpose of sub-
mitting 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 Gov-
ernor is hereby required to issue his proclamation on the
second Monday of July announcing the result of said elec-
tion, and ordering another election, which shall be held
on the first Monday in September, for the object of elect-
ing under said Constitution a Governor, Lieutenant Gov-
ernor, Secretary of State, Auditor, Treasurer, Attorney
General, Superintendent of Public Instruction, and also
members of the Legislative Assembly and also a Repre-
sentative to the Congress of the United States."

The Constitution that was thus submitted w.as printed in
a pamphlet of forty- seven pages and was a comprehensive
and well arranged document, creditable to those who pre-
pared 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. * * "Xo 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 amend-
ments 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."

26 LEGISLATIVE EFFORT, 1872.

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 ren-
dered, 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 ex-
press authority of law; and all such unauthorized agree-
ments 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 cor-
poration, 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

LEGISLATIVE EFFORT, 1872. 27

or highways; vacating roads, town plots, streets and pub-
lic 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 ; sum-
moning and empanneling grand or petit juries; providing
for the management of common schools; regulating the
interest on money; the opening or conducting of any elec-
tion, or designating the place of voting; the sale or mort-
gage of real estate belonging to minors or others under
disability; chartering or licensing ferries or toll bridges;
remitting fines, penalties or forfeitures; creating, increas-
ing 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 ex-
clusive privilege, immunity or franchise whatever; grant-
ing to any corporation, association or individual the right
to lay <Jown railroad tracks, or amending existing char-
ters 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 tick-
ets 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 uni-
versity purposes, and the proceeds thereof, shall be faith-
fully applied to the objects for which such gifts or grants
were made.

28 LEGISLATIVE EFFORT, 1872.

Sec. 3. Neither the General Assembly, nor any county,
city, town, township, school district or other public cor-
poration shall ever make any appropriation, or pay from
any public fund whatever, anything in aid of any church
or sectarian purpose, or help, support or sustain any school,
academy, seminary, college, university or other literary or
scientific institution, controlled by any church or sectarian
denomination whatever, nor shall any grant or donation
of land, money or other personal property ever be made by
the state or any such public corporation, to any church, or
for any sectarian purpose.

"Sec. 4. No teacher, state, county, township, or dis-
trict school officer, shall be interested in the sale, proceeds
or profits of any book, apparatus or furniture, used or to
be used in any school in this state with which such officer
or teacher may be connected, under such penalties as may
be provided by the General Assembly."

KEVENUE.

"Sec. 12. No county, city, township, school district or
other municipal corporation shall be allowed to become
indebted in any manner, or for any purpose, to an amount,
i including existing indebtedness, in the aggregate' exceed-
ing five per centum on the value of the taxable property
therein; to be ascertained by the last assessment for state
and county taxes, previous to the incurring of such indebt-
edness/'

COUNTY SEATS.

"No county seat shall be removed until the point to which
it is proposed to be removed shall be fixed in pursuance of
law, and a majority of the votes of the county to be ascer-
tained in such manner as shall be provided by general law,
shall have voted in favor of its removal to such point."

KAILKOADS.

"Sec. 4. Eailroads heretofore constructed or hereafter
to be constructed in this state, are hereby declared public
highways, and shall be free to all persons for the transpor-
tation of their persons and property thereon, under such

LEGISLATIVE EFFORT, 1872. 29

regulations as may be prescribed by law. And the General
Assembly shall pass such laws from time to time, estab-
lishing reasonable maximum rates of charges for the trans-
poration of passengers and freight on the different rail-
roads in this state.

"Sec. 5. No railroad corporation shall issue any stock
or bonds except for money, labor or property actually re-
ceived and applied to the purposes for which such corpora-
tion was created; and all stock dividends and other ficti-
tious increase of the capital stock or indebtedness of any
such corporation shall be void. The capital stock of no
railroad corporation shall be increased for any purpose ex-
cept upon giving sixty days public notice in such manner
as may be provided by law.

"Sec. 6. The exercise of the power and right of emi-
nent domain shall never be so construed or abridged as to
prevent the taking by the General Assembly of the proper-
ty and franchises of incorporated companies already or-
ganized, and subjecting them to the public necessity, the
same as of individuals. The right of trial by jury shall
be held inviolate in all trials of claims for compensation.,
when in the exercise of the said right of eminent domain
any incorporated company shall be interested either for
or against the exercise of said right.

"Sec. 7. The General Assembly shall pass laws to correct
abuses and prevent unjust discriminations and extortion
in the rates of freight and passenger tariffs on the differ-
ent railroads in this state, and enforce such laws by ade-
quate penalties, to the extent, if necessary for that pur-
pose, of the forfeiture of their property and franchise."

JUDICIAL.

"Sec. 10. The justices of the supreme court and district
judges,, shall be ineligible to any office other than a judicial
office, during the term for which they shall have been
elected, and all elections or appointments of any such
judges by the people, legislature, or otherwise, during such
period, to any office other than judicial shall be void/'

30 LEGISLATIVE EFFORT, 1872.

SCHEDULE.

"Sec. 10. For the first three years after the adoption
of this constitution the legislature shall not levy a tax
for state purposes exceeding one per cent per annum on
the taxable property in the state."

In the large towns of the Territory much interest was
taken in the Statehood election and the campaign which
preceded it; but away from the centers of population the
people were apathetic.

A large meeting of the citizens of central Xew Mexico
was held at Albuquerque on May 12th, at which Col. J.
Francisco Chaves presided and Candelario Garcia, Benja-
min Stevens, Jose Armijo y Ortiz, Tranquilino Luna, etc..
were conspicuous figures. Strong resolutions were passed
favoring Statehood and the following resolution was in-
cluded, protesting against the transfer of the strip of
northern Xew Mexico to Colorado which afterwards took
place.

"Resolved, That we will do all in our power, by all hon-
orable means, to defeat the alarming scheme set on foot
by citizens of Colorado, to annex six of our most populous
counties to that Territory, so as to secure her admission
as a State, on the plea that we are indifferent; that we are
impelled to his course by our pride and our independence,
and to prevent our people, our relations and our interests
from becoming separated, divided and made tributary to
a neighboring Territory ; and we call on the people through-
out the whole Territory, as they love their native soil, their
homes, their wives and their children, as they esteem our
interests, and to protect all they hold near and dear, to
vote for our admission into the Union, and put the seal
of condemnation and disapprobation on all such obnoxious
plans and schemes."

(New Mexican, May 14th.)

In Santa Fe a similar meeting was held on May 26th,
at which Antonio Ortiz y Salazar presided, and Major Jose
D. Sena, Thomas F. Conway, Gaspar Ortiz, Jesus Maria
Luna y Baca, Eben Everett, Dr. Andrews and others were

LEGISLATIVE EFFORT, 1872. 31

conspicuous. Eesolutions of the same character as those
passed in Albuquerque were adopted, (New Mexican, May
28th).

The "New Mexican" -of May 29th devoted a column and
a half to a long article entitled "Reasons Why the People
Should Adopt the State Constitution" which enumerated
the following as among the objects to be attained by im-
mediate Statehood:

"'To avoid ruin, annexation to other territories, division
of our people, our interests, and separation of our rela-
tives: to sustain our pride, our independence, and our his-
tory, the oldest in the United States; to protect our inter-
ests, induce prosperity and transmit blessings we have not
enjoyed to our children ; to secure a proper State organiza-
tion and insure good and wholesome legislation adapted to
our wants; to have the privilege of abrogating, changing
or amending existing laws, that are unjust, odious and
oppressive, and correcting existing evils; to manage our
own affairs and select our own officers, in fine, to make us
a happy, intelligent, enterprising and prosperous people;
vote for the Constitution and the State."

Notwithstanding the meetings and activities of commit-
tees, the actual vote on election day was so small as to dis-
appoint those interested. There was really nothing strange
in this. Not specially in New Mexico, but everywhere when
an abstract question is to be voted upon or the personal
element does not enter into the campaign, the ordinary
vote is cut down to a comparatively small fraction of the
ordinary normal vote.

On the day after the election the Daily New Mexican
said "the election yesterday passed off very quietly, only
about half of the vote being polled." It was not till June
10th that the vote of Santa Fe County was finally an-
nounced, being 554 in favor of the Constitution and 346
against; giving a majority of 208. In the city of Santa
Fe the vote was 424 in favor and 77 against.

The next day there appeared in the New Mexican an
editorial article, evidently inspired by Gov. Griddings, which
gave a reason or rather an excuse for letting the whole

32 LEGISLATIVE EFFORT, 1872.

subject drop. As the law was mandatory and absolutely
required the Governor to issue the proclamation for a
State election on the second Monday in July, if the June
vote was in favor of Statehood, this affords another ex-
ample of the evil results of the system under which offi-
cials are not responsible to the people and are too often
regardless of law.

The article is as follows :

"We understand that the election to vote on the Consti-
tution has gone substantially by default. By an error in
fixing the time too short in which to make returns, many
of the counties have made none. One county, in which
there is a very large population, with sixteen or seventeen
precincts, returned votes only for one precinct, giving all
for the State and not a single one against it. In a large
number of precincts no election was held at all, and it is
said this was in consequence of the general belief that
Congress would not admit us as a State, and therefore
there was no propriety in going through the farce of an
election for State officers, at a great expense, unless Con-
gress should first authorize it and show its willingness to
admit us. This feeling was intensified by the fact that
only a few days since one branch of Congress laid on the
table the bill heretofore introduced for the same purpose.
All these things combined to prevent any fair expression
of the sentiment of the people. And while the probability
now is that the votes which have been cast will show a
fair majority in favor of the Constitution and State, yet
we understand that the Governor, upon looking at the
whole vote cast, which will not probably exceed one-third
of the real vote of the Territory, does not feel authorized
to call an election and make the Territory a great bill of
expense. If a majority of the voters in the Territory had
voted on the question, we think the ruling would have been
different; but if the fact turns out to be that only one-
third of the voters turned out, then we question, much as
we favor a state organization, the propriety of calling an
election for State officers, even though a majority of the
votes cast are in favor of the Constitution." ( Xew Mexican.
June 11th, 1872).

LEGISLATIVE EFFORT, 1872. 33

So this attempt at Statehood, which occupied the atten«
tion of two legislatures, caused a Constitution to be pre-
pared, printed, approved by the legislature, and submitted
to the people at a special election held solely for that pur-
pose, died, without any good cause.

And another of the unfortunate accidents which have
retarded the progress of New Mexico was added to the list.

The succeeding legislature, which met in December,
1873, gave official voice to the public desire by passing a
Memorial to the U. S. Senate and House of Eepresentatives
strongly urging Congressional action "for the immediate
admission of this Territory as a State"; that being the
most proper and effective method of procedure, as a State-
hood bill was then under consideration in the national leg-
islature at Washington.

34 CONGRESSIONAL ACTION TO 1376.

CHAPTEE VI.

COXGRESSIOXAL ACTIOX TO 1876.

Wliile these proceedings had been taken in Xew Mexico,
on almoat every available occasion, Congress had been no
less active in considering the subject.

At almost every session a bill for the admission of Xew
Mexico was introduced, generally reported favorably in the
House, and more or less considered, but without any defi-
nite result.

In 1869 an attempt was made, though not by Xew Mexi-
cans, to transform the Territory into a State called Lin-
coln; but this project was ultimately defeated in the Sen-
ate.

In the 40th Congress, Delegate J. Francisco Chaves
made a vigorous and eloquent speech in favor of Statehood
and in defense of the people against unjust criticism.

In the 43rd Congress (1873-5) the Enabling Act was
introduced by Hon. Stephen B. Elkins, then Delegate from
Xew Mexico, and now Senator from West Virginia, and on
the 21st of May, 1874, he delivered a carefully prepared
speech on the bill, which contained the best collection of
facts and arguments on the subject that had ever been
presented to Congress. He claimed 130,000 inhabitants
for the Territory, exclusive of Pueblo Indians, showed
that at least fifteen States had been admitted to the Union
with a smaller population, laid stress on the smallness
of the public debt and presented a vivid picture of her
great natural resources. He then took up the question of
the obligation on the part of the government to grant
Statehood to Xew Mexico arising from General Kearny's
pledges and the Treaty of Guadalupe Hidalgo, and closed
with a well-deserved tribute to the patriotism, loyalty and
law-abiding character of the people.

The bill passed the House by the remarkable vote of
160 to 54 and was sent to the Senate for concurrence. In
that body it was carefully considered in committee and
open session, and finally passed on February 24, 1875. by

CONGRESSIONAL ACTION TO 1876. 35

the decisive majority of 32 to 11, with, a slight amend-
ment. Running parallel with it in both Houses was the
bill to admit Colorado,, almost identical in language, intro-
duced and championed by Hon. Thomas M. Patterson,
then Delegate from that Territory and since Senator.
While the vote was nearly the same for the two bills, the
one for New Mexico had a slight advantage in majority
down to the time when both passed the Senate with identic-
al amendments. It was then that the series of misadven-
tures which had accompanied all the attempts to secure
'New Mexican Statehood from the beginning, culminated
in the incident which has become historic as the "Elkins
handshake," and again dashed the cup of success from
the very lips of the people of the Territory.

THE ELKINS' HANDSHAKE.

This incident has been narrated scores of times in slight-
ly varying form, not 'only as an interesting item of current
history but a remarkable illustration of the way in which
insignificant and unintentional acts, sometimes change
the course of very important events. The story may be
briefly told as follows: Mr. Elkins was possessed of a most
cordial manner, an ever-present expansive smile, and a
warmth of greeting, which were among the causes of his
personal popularity, and which advancing age and sena-
torial dignity have not yet obliterated. This charm or
manner had made many friends even among political op-
ponents, and among those whose support for the New
Mexico Statehood Bill he had thus secured on its passage
by the House, were a considerable number of Representa-
tives from Georgia and Alabama. When the bill was re-
turned to the House, after passing the Senate with amend-
ments on February 24th, but ten days of the session re-
mained, and the difficulty was not to secure concurrence in
the Senate amendments, which were unobjectionable, but to
get the bill before the House for action within this brief
and busy time. To suspend the rules required a two-thirds
vote, and this was necessary if the bill was to be considered
at all.

Just at this time, Hon. Julius C. Burroughs, of Michi-

36 CONGRESSIONAL ACTION TO 1876.

gan, made a powerful speech on political subjects, in which
he characterized the Rebellion and those engaged in it in
plain terms, — what at that period, on account of its allu-
sions to the War, was called a "bloody shirt7' speech. Mr.
Elkins, who Jhad been conversing with friends in the lobby,
had not heard a word of the speech, but happened to re-
enter the Chamber just as Mr. Burroughs had concluded
and was receiving the congratulations of a crowd of mem-
bers about him. Filled with his spirit of cordiality, Mr
Elkins joined the group and shook hands with the speaker
with characteristic vigor. This was observed by a number
of southern members, whose feelings had been much ex-
cited by the speech, and they instantly concluded that
they would lend no aid to the passage of the Xew Mexico
bill which it was understood would bring Mr. Elkins speed-
ily to the Senate. The Delegate himself was entirely
ignorant of any change in their views or of having done
anything to arouse their opposition, until George Q. Can-
non, Delegate from Utah, learned the facts and informed
him. He did what he could in the brief interval to repair
the damage, but a sufficient number of former supporters,
from Georgia and Alabama, refused to be placated, to make
it impossible to obtain the two-thirds vote necessary; and
so the Enabling Act was lost for lack of opportunity to
obtain concurrence by the House in the Senate amend-
ments. More than thirty-five years have passed since that
day and New Mexico still remains a Territory on account
of that impulsive and unconsidered handshake.

CONGRESSIONAL ACTION 1876 TO 1895. 37

CHAPTER VII.

CONGRESSIONAL ACTION 1876 TO 1895.

In the succeeding Congress (the 44th) Mr, Elkins again
•secured the introduction of the Enabling Act for New
Mexico, and it passed the Senate, during its first session,
•on March 10th, 1876, by the strong vote of 35 to 15. In
the House of Representatives, it was reported favorably
"by the Committee on Territories, and was on the calendar,
awaiting action at the time of the final adjournment.

After these virtual defeats, — although in no case was
there an actual vote adverse to New Mexico, and the re-
tirement of Mr. Elkins as Delegate, no active efforts look-
ing to Statehood' were made for several years. The ap-
proach of the railroad, and its actual arrival in 1879; fol-
lowed by the influx of a new population, the establish-
ment of new towns, and the general mining excitement
which extended over the entire Territory in the early '80s,
seem to have occupied the thought and attention of the
people ; and during the Congressional terms of Trinidad
Romero, Mariano S. Otero, Tranquilino Luna and F. A.
Manzanares, and the earlier years of Antonio Joseph, no
effective efforts were made in Washington looking to the
admission of New Mexico to the Union. During most
of this period, Dakota, with its rapidly increasing popula-
tion, was vainly endeavoring to secure Statehood, and be
ing most unjustly excluded for political reasons; and i\
was obviously impossible for any less populous Territory
to be admitted until her urgent application was heeded.

Early in the first session of the 50th Congress, which
met in December, 1887, a bill was introdudted "To provide
for the formation and admission into the Union of the
States of Washington, Dakota, Montana and New Mexico",
designated as H. R. 4431.

Previous to this, separate bills had been introduced foi
the admission of Dakota and (H. R. 1276), Montana (H.
R. 1955), and Washington, (H. R. 4430). The commit-
tee on territories, to which they were all referred, reported

38 CONGRESSIONAL, ACTION 1876 TO 1895.

on March 13, 1888, House Bill Xo. 8466, a substitute for
the entire four bills, entitled "A Bill to Enable the Peo-
ple of Dakota, Montana, Washington and New Mexico to
Form Constitutions and State Governments and to be
Admitted into the Union on an Equal Footing with the
Original States.''

With regard to Xew Mexico it contained one peculiar
section which reads as follows :

Sec. 20. That the constitutional convention to assemble
in the Territory of Xew Mexico, as hereinbefore provided,
shall submit to the people as a separate proposition to be
voted upon at the same time that the vote upon the con-
stitution is taken, the question of changing the name of
the State from that of the State of Xew Mexico to that
of the State of Montezuma, and if a majority of voters
shall be in the affirmative, the name of the State shall,
upon its admission, be Montezuma; and all the powers,
rights, privileges, grants, and obligations pertaining under
this act to the State of Xew Mexico shall attach to, be
vested in, and imposed upon the State of Montezuma."

The entire elimination of Xew Mexico from the bill
before its final passage, of course deprived this section of
any practical importance, but it is interesting as a matter
of history.

Accompanying this bill was a very voluminous report,
or series of reports, covering 145 pages and containing
much information and many contradictory opinions re-
garding the four territories affected by it. This is known
as Eeport Xo. 1025, 50th Congress, 1st Session. The
majority report was made by Mr. Springer, chairman of
the committee, and considers the case of each of the terri-
tories in turn,%the principal portion being devoted to Da-
kota and an argument in favor of its admission as one
State instead of two. It excuses the outrageous conduct
of Congress in not admitting Dakota, with its great popu-
laion, years before, by laying the blame on the people of
that Territory, who were insisting that the interests of the
two sections of Dakota were so diverse, that it should be
divided into two States, by a line running east and west

CONGRESSIONAL ACTION 1876 TO 1895. 39

through its center, much as was ultimately done by the
creation of North and South Dakota.

The report estimates the population of the four terri*
tories as follows :

Dakota. 568,000

Montana 175,000

Washington 160,000

New Mexico 150,000

The portion of the report devoted to New Mexico gives
a brief history of its previous attempts to be admitted to
the Union; refers to its great resources and the marked
progress in its actual industries; quotes the memorial of
the Legislature asking for Statehood; and in proof of the
present desire of the people, cites the recent expressions
of opinion published in the "New Mexican." That news-
paper shortly before, in order to ascertain public opinion
on the subject, had addressed circular letters to a large
number of leading citizens asking for their views as to
Statehood. Eeplies were received from 122 persons, who
represented every county in the Territory. Of these 91
were in favor of, and 31 against, immediate admission. Of
the 91 in favor, 41 were republicans, 33 democrats and 17
of unknown politics. Of the 31 opposed, 11 were demo-
crats, 10 republicans, 6 of no particular politics, and 4
who called themselves independent. So that the division
was not at all along party lines. A classification by kinds
of business also failed to develop unanimous approval or
opposition in any particular avocation,, although the law-
yers consulted were nearly all in favor of Statehood. It
is to be remembered that no bill relating to New Mexico
had been referred to the committee, and the inclusion of
that Territory in the bill was an act of justice and grace
on the part of the committee, largely attributed to Mr.
Springer, who was well acqualned with the country and
its people.

The minority report, presented by Mr. Struble of Iowa,
attracted much attention, and aroused great indignation
in New Mexico, on account of its violent opposition to our
admission to Statehood, and the bitter attack on the Ter-

40 CONGRESSIONAL ACTION 1876 TO 1895.

ritory and its people. It insisted that Dakota should be
divided into two States and adduced excellent reasons
therefor ; agreed with the majority in recommending Mon-
tana and Washington; and reserved all of its criticism for
Xew Mexico. It calls the action of the committee in rec-
ommending Statehood, a "surprising and unjustifiable
attempt/' especially as "neither the Delegate, nor Gover-
nor Boss, who was in Washington during most of the ses-
sion, has urged any action by Congress/'

It then quotes from a number of supposed "authorities",
the quotations always being of an unfavorable nature.
Thus it makes this extraordinary historical discovery from
Gaskell's Atlas, relating to Santa Fe, ""The Spaniards
found this a populous town in 1542. Its history is one
long continued strife between the cruel and hated Span-
iards and the native Pueblos/' Considering that no Span-
iard was there in 1542, nor for 60 years afterwards, and
that there has been no Pueblo trouble for over 200 years,
the value of that extract is easily estimated.

Then ii quotes from one McCabe, who said of the same
city: "It is wretchedly built. The houses are constructed
of adobe and are one story in height. The inhabitants,
with the exception of a few Americans residing in the
place, are ignorant and degraded. The place bears an evil
reputation as one of the most reckless and miserable towns
on the globe."

Then follows a long extract from "El Gringo.*' which
was written more than thirty years before, under entirely
different conditions: and a quotation from Prof. Bliss,
principally concerning the Penitentes.

These are followed by an unfavorable view of education
in the Territory, and extracts from the reports of Govern-
ors Wallace and Sheldon reflecting on the primitive style
of agriculture employed and from the last report of Gov.
Eoss severely criticising the methods of legislation and de-
nouncing- the "viciousness of the schemes of personal
hatred and of plunder that characterized nearly every one
of the" sixty days of the life of the last session." The whole
is supplemented by the question "'is it not apparent that

CONGRESSIONAL ACTION 1876 TO 1895. 41

the people of New Mexico are not yet prepared for intelli-
gent, honest and capable management of State govern-
ment ?"

The subject was discussed at length, both in and out of
•Congress, and the result was the elimination of New Mex-
ico and the admission of the two Dakotas ' as separate
States, of Washington and Montana.

As New Mexico was dropped from the Omnibus Bill
in which it had originally been included, a separate Act
became necessary, and, on Feb. 15, 1889, near the end of
the 50th Congress, Hon. Antonio Joseph, Delegate from
New Mexico, introduced House Bill No. 12,592, an Enab-
ling Act for the Territory of New Mexico alone, entitled:
"A bill to enable the people of New Mexico to form a con-
stitution and State government and to be admitted into
the Union on an equal footing with the original States/7
which was referred to the Committee on Territories of the
House and the next day reported and committed to the
Committee of the Whole House on the State of the Union,
and ordered printed. Of course it was then too late in the
session for any hope of successful action; but it kept the
subject officially before Congress, and showed the con-
tinued desire of the Territory for admission.

This bill contained the following peculiar provision,
which was probably an attempt to introduce the name of
"Montezuma" by indirection, so that it would not meet
with opposition in Congress, but could be arranged by
argument and influence in the convention. Whoever was
behind the movement entirely misunderstood the prevail-
ing sentiment in New Mexico, or underrated its strength,
as is more fully shown elsewhere.

"Sec. 21. That the constitutional convention to assem-
ble in the Territory of New Mexico, as hereinbefore pro-
vided, shall submit to the people, as a separate proposition,
to be voted upon at the same time that the vote upon the
Constitution is taken, the question of changing the name
of the State from that of the State of New Mexico to that
name for the proposed State which said convention may
select and indicate, and if a majority of voters shall be in

42 CONGRESSIONAL ACTION 1876 TO 1895.

the affirmative the name of the State shall, upon its ad-
mission, be changed accordingly; and- all the powers,
rights, privileges,, grants, and obligations pertaining under
this Act to the State of New Mexico shall attach to. be
vested in, and imposed upon the State by the name thus
selected and adopted."

The report on this bill made by Mr. Springer on behalf
of the committee, on Feb. 16th, 1889, (Eeport No. 4090r
50th Congress, 2nd Session), contains the same argument
in favof of the admission of New Mexico that was in the
majority report on the Omnibus Bill previously referred
to; and in addition a large amount of matter showing the
recent educational progress of New Mexico, and an inter-
esting statement by Maj. Powell as to the enormous area
of land which can be added to the agricultural area of the
territory by storage reservoirs and irrigation.

At the beginning of the next session of Congress, in the
succeeding December, 1889, this being the first session
of the 51st Congress, of which Hon. Antonio Joseph was
again a member from New Mexico, enjoying his third
term of service, — Mr. Joseph, on December 18, 1889, in-
troduced House Bill No. 968 which was practically the
same as his bill of Feb. 15, 1889, but omitted section 21
of the latter which had directed the constitutional conven-
tion to submit to the people, as a separate proposition, a
new name for the proposed State, to be selected by the
convention.

In order to take advantage of any opportunity that
might be presented for the passage of this bill in the Sen-
ate, if that should be possible before action in the House,
Senator Wolcott of Colorado, introduced in the Senate, on
Feb. 4, 1890, the same bill, which was designated "S.
2M6," and referred to the Committee on Territories.

In the meantime on the 6th day of January, 1890, Mr.
Springer, of Illinois, introduced a* bill (H. K. 3830) "To
enable the people of Arizona, Idaho. Xew Mexico and
Wyoming, to form constitutions and State governments
and to be admitte into the Union/' etc. This embodied the
usual provisions, together with an original one, which has

CONGRESSIONAL ACTION 1876 TO 1895. 43

subsequently found a place in succeeding bills and forms
part of the Act of 1910; being the section which authorizes
the re-convening of the Constitutional Convention and the
forming and submission of a second Constitution., in case
the first one framed shall be rejected by the people.

In this case., again., the Southwest was neglected and the
Northwest was favored; for before the passage of the bill,
Arizona and New Mexico, though by far the oldest of the
four territories named, and New Mexico being also the
most populous, were eliminated from it. They were thus
left in the territorial condition, while Idaho and Wyom-
ing, with a combined population less than that of New
Mexico alone, were admitted.

On April 3rd, 1890, Mr. Joseph took advantage of the
consideration of the bill for the admission of Idaho, to
make a speech relative to Statehood for New Mexico. He
drew attention to the fact that the House had just passed
the bill for the admission of Wyoming and was about to
do the same for Idaho, and he proceeded to demonstrate
that New Mexico had far better claims to Statehood than
either of those territories. He urged the passage of thf*
Enabling Act introduced by him early in the Session,
but he opposed admission under the Constitution framed
by the Constitutional Convention of 1389, on account of
the partisan character of the convention. This evidence
of a divided sentiment among the people, and that details
and incidental matters were by some considered more im-
portant than the attainment of self-government itself,,
naturally weakened the cause of Statehood in the House
rather than gave it strength.

In the 52nd Congress (1891-3), Mr. Joseph again intro-
duced an Enabling Act, known as House Bill 7136. He
succeeded in securing a favorable report from the Commit-
tee on Territories, and by courtesy was appointed to make
the report himself, which he did on March 16, 1892. It
contained 45 pages, closely printed, and appeared as Ke-
port No. 736, 52nd Cong., 1st Sess, The bill provided
for an election, on the usual election day in November,
1892, of 75 delegates to form a Constitutional Convention;

44 CONGRESSIONAL ACTION 1876 TO 1895.

.and that the convention should assemble on the first Mon-
day in December. It contained liberal donations of land
for various purposes.

The report, besides the usual statements of area, popu-
lalioii. etc.. divw attention to the large expenditures al-
ready made by the Territory for public buildings, amount-
ing to $600,000, and to the passage on March 3rd, 1891,
of the Act to Establish a Court of Private Land Claims,
which was expected to clear up all the unsettled titles of
land grants in the Territory. It embodied the whole of
the pamphlet issued by the Bureau of Immigration called
"Xew Mexico the Coming Country," which contained a
very full description of the resources and progress of New
Mexico; and also the entire report of the hearing by the
House Committee on Territories, on April 30, 1890, of
the Committee of Fifty headed by Gov. Prince, elsewhere
referred to; as well as the latest report of the Territorial
Superintendent of Public Instruction. These constituted
:;i very full and important document, which bore witness
in all its parts to the worthiness of the Territory and peo-
ple to be accorded the right of self government. But like
all the preceding attempts, nothing practical resulted in
that Congress, although considerable progress was made.

The bill passed the House on June 6th and reached .the
Senate June 8th, 1892, and there Senator Carey of Wyom-
ing, who had had a long experience in a Territory, before
Statehood brought to him the Senatorial toga, took charge
of it. It was somewhat amended in the Senate Committee
on Territories, £he material alterations being a change in
the dates of the election, convention, etc., making them
dependent on the time of the passage of the bill; appor-
tioning the delegates directly to the respective counties;
somewhat reducing the land appropriations; and changing
the provision with regard to the language of the public
schools, from "in all of which schools- the English lan-
guage shall be taught" to "the said schools shall always
be conducted in English." It was then reported to the
Senate, favorably, on July 21, 1892 (Eeport No. 1023).

At the second Session of the 52nd Congress, Senator

CONGRESSIONAL ACTION 1876 TO 1895. 4E>

Carey introduced in the committee on Jan. 28, 1893, twa
proposed amendments to this bill, intended to meet the
cases of the other territories that were anxious for State-
hood, and apparently arranged so as to attract the largest
possible vote to the original measure, and to bring about
the admission of as many territories as Congress should
be willing to favor at that time.

Amendment No. 1 provided for the formation of four
new States, New Mexico, Utah, Arizona and Oklahoma;,
the latter to include the Indian Territory.

Amendment No. 2 provided for the formation of three
new States, New Mexico, Utah, and Oklahoma; being simi-
lar to No. 1, except the omission of Arizona.

That was within three weeks of the end of the Congress,
and as might have been expected, no definite action was
taken on these amendments, although Senator Carey made
a very strong effort to have the bill amended about the-
middle of February, but was unable to obtain the two-
third vote necessary; and thus nothing tangible was accom-
plished for the cause of Statehood in New Mexico.

In the 53rd Congress, Hon. Antonio Joseph was again,
a delegate from New Mexico, and introduced a Statehood
bill at the earliest possible opportunity of the first session.
It was known as House Bill No. 353, "An Act to Enable
the People of New Mexico to Form a Constitution and
State Government," etc. The title by this time had be-
come almost stereotyped. It was very similar in its pro-
visions to the previous bill, providing for a convention of"
75 delegates, who were apportioned among the counties in
the bill; the election to be in November, 1894, and the
convention to commence in December. One special fea-
ture was an appropriation of 500,000 acres of land for the
establishment of permanent water reservoirs for irrigation
purposes.

This bill passed the House on the 28th of June, 1894,
and was received in the Senate June 29th and referred to-
the Committee on Territories.

On August 3, 1894, Senator Blackburn, of Kentucky,
reported the bill favorably, with a few amendments. These-

46 CONGRESSIONAL ACTION 1876 'TO 1895.

changed the dates, as the original ones had proved to be
too early, but did not alter the general tenor of the bill.
As usual, the second session proved too short for action
on the bill, and so it suffered the fate of its predecessors.

A little incident of hitherto unwritten history may be
narrated here, because it presents another illustration of
the chapter of accidents which have accompanied the
"Struggle for Statehood77 from the beginning and unex-
pectedly brought disappointment and failure on so many
occasions.

On the very first day when bills could be introduced, the
Enabling Acts for New Mexico and Utah were presented,
the former by Mr. Joseph and the latter by the delegate
from the Mormon Territory. Both were repetitions of
old measures and were almost immediately reported from
the committee; the New Mexico bill being just in advance
of the one relating to Utah. Each delegate was anxiously
awaiting the time when the bills should be reached on the
Calendar and taken up for action, as they were determined
to have them passed and sent to the Senate as early as
possible. It was not supposed that they could be reached
for action before the usual holiday recess. Just at this
time, about the middle of December, Mr. Joseph suffered
from a malarial attack, and believed that a few days at his
home would dispel the trouble and bring him to good fight-
ing condition for the expected contest. He consulted sev-
eral leading members of the House, and they all concurred
in the belief that there was no chance of reaching the bills
before the recess, and consequently no danger incurred
by absence at that time. So Mr. Joseph started for the
salubrious climate of Xew Mexico in order to recuperate
in the interval.

But it happened that Congress just then had one of its
periodical fits of special industry. A serious attempt was
made to omit the recess altogether and that was only de-
feated by postponing the recess until the day before Christ-
mas and agreeing to work assiduously in the meantime.
Tims the business was expedited far beyond all calcula-
tions, and just before the holidays the two Statehood bills

CONGRESSIONAL ACTION 1876 TO 1895. 47

were unexpectedly reached. The New Mexico one was
first called, but as the delegate was not present to ask for
its consideration, it lost its opportunity. The Utah bill
was announced, and its sponsor succeeded in having it
passed by the House then and there; and when Congress
re-convened after the holidays it was in the Senate ready
for reference. Sometime after, the New Mexico bill was
again reached in the House and was passed with little diffi-
culty. In fact, it had always been sure of more votes than
the one for the admission of Utah, against which there
was considerable prejudice and opposition on account of
Mormonism. But the delay in time caused the difference
in their fate.

The Utah bill was passed and became a law, under which
a Constitutional Convention was held and the State ad-
mitted.

The New Mexico bill, though strongly advocated, never
reached the point of being voted upon in the Senate.

No fault is attributed to Mr. Joseph, who was an earnest
advocate of the bill and anxious for its success, and who
had every reason to believe that his short absence would
be harmless ; but this adds another to the series of mishaps
which have become proverbial.

48 CONSTITUTION OF 189Q.

CHAPTER VIII.

CONSTITUTION OF 1890.

While Congress was discussing in the Committee on Ter-
ritories of the House the Enabling Act (House Bill 12,-
592), introduced by Mr. Joseph, and just before Hon, W.
I?. Springer, of Illinois, the chairman of the committee,
made his favorable report thereon, the people of Xew
Mexico determined to take the matter into their own
hands and initiate the necessary proceedings for admission
to the Union.

In February-, 1889, Hon. George W. Prichard of San
Miguel County, introduced in the Council "An Act to
Provide for a Constitutional Convention and the Forma-
tion of a State Constitution."

After various recitals by way of preamble, among which
was the following emphatic one,

"Whereas, a territorial system of government is the
most unsatisfactory that can be devised, being a govern-
ment without stability, is temporary and uncertain in its
character, possesses no sovereign powers, and fails to meet
the requirements of the people," the bill provided for a
delegate convention to be held in September, 1889, for
the purpose of framing a Constitution. The convention
was to be composed of 73 delegates, who were apportioned
by the bill among the various counties, and were to be
chosen at an election on the first Tuesday in August. It
was to frame a constitution and provide for a special elec-
tion at which such constitution should be submitted to the
people for ratification. This bill was passed by both Houses,
but the Governor failed to approve it, as he considered
the apportionment objectionable; but he did not veto it.
and it became a law by limitation, Feb. .28, 1889.

From the beginning, the Democratic leaders expressed
dissatisfaction with the apportionment, which they assert-
ed gave too much representation to republican counties;
and perhaps there was some merit in their objection. They
claimed to be favorable to Statehood and simply opposed

CONSTITUTION OF 1890. 49

to an unfair inequality. There was much talk of making
some equitable arrangement whereby the parties' strength
would be more equally balanced in the convention, and this
resulted in calling the two party territorial committees to
meet on the same day at Santa Fe. The most earnest
Statehood men on both sides were anxious for some ar-
rangement which would ensure the support of both parties
for the Constitution.

The two committees met on June 12th, 1889, the at-
tendance on both sides being good and composed of leading
citizens. The republican committee took the lead by pass-
ing the following resolution:

"Whereas, the important question now before the people
is the attainment of Statehood, and the result of the pres-
ent efforts depends largely on the character of the conven-
tion and Constitution, and also on the united action of all
good citizens without regard to party or other differences,
therefore, »

"Resolved, That the Eepublican Territorial Committee
appoint a conference committee of three members to re-
quest the appointment by the Democratic Territorial Com-
mittee of a similar commitee, to confer as to the best
method of electing the most eminent and best qualified
citizens as members of the Constitutional Convention and
interesting all men of patriotism and progress in the ef-
fort for Statehood;" and appointed as its committee Hon.
L. B. Prince, Hon. M. S. Otero and Col. G. W. Prichard.

The Democratic committee accepted the invitation, and
appointed Hon. F. A. Manzanares, C. H. Gildersleeve and
W. B. Childers as their representatives. It was conceded
without question that the Republican majority under the
apportionment would be about 27, and that thta was more
than it should equitably be. At the conference, after a
friendly discussion, the Republicans consented to accept
a majority of seven. The Democrats offered to concede
three. The Republicans objected that three was too small
a margin, as sickness or absence might destroy the majority.
Apparently a compromise, giving five majority, was on
the point of being arranged, when one of the Democratic

50 CONSTITUTION OF 1890.

conferees suddenly destroyed all hope of agreement by ex-
c] aiming excitedly "Our friends in Congress will never be
satisfied unless we have half the convention." He seemed
suddenly possessed by this idea; and so the conference
failed. These particulars are narrated in order to show
what a small matter again intervened to cause long delay
in the struggle for statehood. But for the sudden impetu-
osity of one man., followed by the persistent opposition of
one other, the constitution of 1890 would surely have been
adopted, and Xew Mexico admitted to the Union twenty
years ago.

The plan for co-operation having failed, but one course
remained open and the Eepublicans called county conven-
tions to nominate candidates. At the same time the Ter-
ritorial Committee expressed its regret at the failure, and
as late as June 24th, Mr. W. W. Griffin, chairman of the
committee, made a new effort for an arrangement, while
the "Xew Mexican" vigorously advocated any fair adjust-
ment of the differences.

The Democrats, as a rule, under peremptory orders from
Mr. Childers, chairman of their committee, refused to
nominate candidates or participate in the election. A very
few men of sufficient influence or independence to disre-
gard the commands of the party leaders, united with *the
Eepublicans in the campaign; Hon. L. S. Trimble, long
a member of Congress from Kentucky, being the most
conspicuous example. He was among the delegates subse-
quently elected from Bernalillo county.

On June 24th the Governor issued the usual proclama-
tion of election, the time for holding which was Tuesday,
Aug. 6th; but the Democratic Board of County Commis-
sioners of Lincoln County endeavored to nullify the law by
inaction, so far as their county was concerned, and nearly
succeeded in doing so. Legal proceedings having failed, fin-
ally, on August 3rd, the Governor issued the following
proclamation addressed to the voters of Lincoln Count}',
which recited the facts and called on the people to exercise
their rights.

CONSTITUTION OF 1890. 51

"To the Legal Voters of Lincoln County:

The legislature of New Mexico, by Chap. 99, of the
Laws of 1899, provided that an election should be held on
Tuesday, August 6th, 1899, for the choice of delegates to
a Constitutional Convention to be held in September of
this year. By said Act the County Commissioners of the
several counties are required to issue notices of election
and do all other things necessary in the premises.

The County Commissioners of Lincoln County neglected
and refused to perform their duties under said Act and
thereupon the Court issued a peremptory writ of man-
damus commanding said commissioners to meet and per-
form the duties required of them by law.

Information has been received that two of said commis-
sioners absented themselves from said county and so es-
caped service of said writ, and still neglect and refuse
to perform their duties, .and that, therefore, no judges of
election have yet been appointed for the several precincts
of Lincoln County.

Now, therefore, I, L. Bradford Prince, Governor of
New Mexico, do proclaim and make known :

1. That the right of the qualified citizens of New Mexi-
co to vote at a territorial election cannot be destroyed by
any illegal action or neglect of an officer in regard to such
election.

2. That in accordance with law, an election will be
held in the several precincts of Lincoln County on Tues-
day, the sixth day of August, 1889.

3. That in pursuance of Sec. 1136 of the Compiled
Laws of 1884, a majority of the qualified voters in each,
precinct have power to appoint judges who shall conduct
said election in the same manner and to the same effect
as if they had been appointed by the County Commission-
ers as provided by law.

I therefore recommend that the legal voters in each pre-
cinct assemble at the usual place of voting therein, at nine
o'clock, on the morning of August 6th, or as soon there-
after as practicable, and that those so assembled then and
there appoint judges as aforesaid.

52 CONSTITUTION OF 1890.

And I advise the people of the respective precincts, if
there shall be time for such action, to apply to the Pro-
bate Clerk for poll books and ballot boxes; and in cases
in which they cannot be procured to provide suitable books
and boxes, and in all things to conduct said election as
nearly as practicable in conformity with the forms of law.
And as a matter of precaution I recommend that dupli-
cate records of said election be sent direct to the Secretary
of the Territory at Santa Fe.
Dated August 3, 1889.

L. BEADFOED PEINCE,

Governor of New Mexico.
By the Governor : B. M. Thomas,

Secretary of the Territory."

Under this proclamation three of the most efficient dele-
gates to the convention, Messrs. Terrell, Eddy and Heman,
were elected.

The names of the members of the convention were as
follows: — Bernalillo County: E. S. Stov£r, Alejandro San-
doval, E. Haberland, W. C. Hazledine, L. S. Trimble,
Marcos C. de Baca, Bernard S. Eodey, Mariano S. Otero,
Pedro Perea, Perfecto Armijo.

Colfax : A. C. Voorhees, Nestor Martinez, Cristobal San-
chez, E. W. Fox.

Dona Ana : A. J. Fountain, W. L. Eynerson, Martin Loh-
man.

Grant: John D. Bail, Warren Bristol, E. P. Hart.

Lincoln: S. S. Terrell, C. B. Eddy, T. W. Heman.

Mora: Severino Trujillo, C. W. Wildenstein, Matea
Lujan, Trinidad Eomero.

Eio Arriba : J. M. C. Chavez, Jose Y. Esquibel, W. F.
Burns, E. K. Caldwell, Pedro Y. Jaramillo, W. D. Lee.

Santa Fe: Nicolas Pino, P. L. VanderVeer, Aniceto
Abeytia, J. D. Sena, T. B. Catron, F. W. Clancy.

Sierra: E. M. White, Nicholas Galles.

San Miguel: Pascual Baca, E. C. Winters, Manuel C.
de Baca, E. F. Hobart, John G. Clancy, Jefferson Bay-
nolds, Edward Henry, Leandro Sanchez, Eomulo Ulibarri.
G. W. Prichard, W. H. Shupp, Frank Springer.

CONSTITUTION OF 1890. 53

San Juan: L. K. S. Paulin, David E. Lobato.

Socorro : Jacinto Sanchez, J. A. Whitmore, William E.
Kelley, Jose Baca y Sedillo, Demetrio Perez, W. G. Kitch.

Taos : Antonio Martinez., Juan Martin, Antonio Roibal,
Juan Trujillo, Francisco Duran, Manuel Chacon.

Valencia : Desiderio Sandoval, E. A. Dow, Patrocinio
Luna, Juan Jose Benavides, Silvestre Mirabal.

It met on September 3rd, 1889, elected J. Francisco
Chaves as president and Ira M. Bond as secretary, and
continued in session till September 21. The constitution
was then printed in both English and Spanish and circu-
lated widely throughout the Territory.

After an adjournment of nearly an entire year the con-
vention re-assembled on August 18, 1890, and continued in
session on that and the succeeding day, making a few
amendments which had been suggested during the year,
and providing for the submission of the Constitution to
a vote of the people on October 7, 1890. It then adjourned
sine die.

Under the direction of the officers of the convention a
new edition of the proposed Constitution, as amended, was
published in both of the languages current in the Terri-
tory, accompanied by a manifesto to the people setting
forth the reasons for its adoption.

Between the adjournment of the convention and the time
of the election a vigorous campaign was conducted all over
the Territory. A Democratic convention, held at Silver
City, declared /against the Constitution and advised its
adherents to oppose it, principally on four grounds:

1. That the appellate judges are to be appointed.

2. That the Governor is suspended during impeach-
ment.

3. That the State tax is limited to one per cent.

4. That the apportionment is unjust.

This was followed up by a circular on the same general
subjects signed by W. B. Childers, chairman, and Felix
M.artinez, secretary of the Democratic Territorial Com-
mittee.

The Republican Territorial Committee promptly 're-

54 CONSTITUTION OF 189Q.

sponded with a circular answering the objections and end-
ing with this exhortation : "In conclusion we beg of you,
people of .New Mexico, to give no heed to the lying mis-
representations of the enemies of progress. Eead the
Constitution for yourselves and consider whether any con-
stitution ever framed could escape with less of criticism if it
were subjected for more than a year to the careful examina-
tion of enemies. For the fact is not to be lost sight of, that
the men who are active in their opposition are the same
who were unfriendly before the convention met; who re-
fused to participate in the election of delegates; who pre-
dicted that a quorum of the convention would never assem-
ble ; who attempted to cast ridicule on the proceedings of the
convention while its sessions continued; who, in short,
pre- judged everything., and in advance pledged themselves
to fight against whatever might be the result of the labors
of the convention/' This was signed by S. B. Axtell,
chairman, and L. A. Hughes, secretary of the committee.

Meetings were held in all parts of the Territory, Gov.
Axtell, Col. J. F. Chaves, Gov. Stover, Judge Trimble,
Maj. Sena, Hon. T. B. Catron, Hon. A. L. Morrison, Col.
H. L. Pickett, Col. Eynerson, Hon. M. S. Otero/E. E,
T \vitchell, E A. Fiske, J. H. Ivnaebel and others speaking
in f^.vor of the Constitution, and, W. B. Childers, H. B.
Fergusson, Felix Martinez, X. B. Field, C. H. Gildersleeve,
J. H. Crist, X. B. Laughlin, Gov. Eoss, etc., opposing its
adoption. The campaign was opened by a great procession
and meeting in the Plaza at Santa Fe, called by the Press
at the time "the largest and most brilliant public demon-
stration ever held in Xew Mexico/' at which Judge Axtell
presided and Gov. Prince, Gov. Stover and others made
strong addresses; and closed just before the election with
a series of three meetings at Las Vegas, Cerrillos, and
Albuquerque, addressed by Gov. Prince on behalf of the
Constitution; two of which by request of the Democratic
committee were changed into joint discussions with Mr.
Childers and Mr. Fergusson, respectively.

Major Jose D. Sena issued a manifesto in Spanish con-
tainino- twenty-four reasons for Statehood.

CONSTITUTION OF 1890. 55

While the preponderance of work had been done in favor
of adoption yet the result of the election was adverse by
a large majority, the official vote being as follows :

Counties. For. Against.

Bernalillo .' 870 2,073

Colfax .' 234 651

Dona Ana 669 1,010

Grant 699 544

Lincoln 379 710

Mora 265 1,536

Rio Arriba 428 1,272

San Juan 87 182

San Miguel 790 3,211

Santa Fe 1,068 1,549

Sierra 227 717

Socorro 447 1,068

Taos 212 1,227

Valencia 1,118 430

Total ....7,493 16,180

Majority against the Constitution 8,687.

The peculiar result was clearly and fairly explained in
the official report of the Governor for 1891, which contains
the following on the subject :

"At first sight this might appear to indicate a disincli-
nation on the part of the people to assume the- condition
of statehood. This, however, is not the case. The circum-
stances were peculiar. The apportionment of delegates in
the Constitutional Convention, as fixed by the legislative
act which provided for the latter, was considered by the
Democratic party leaders to be unjust to that party. They
therefore refused to take any part in the election of dele-
gates, and directed their party friends to abstain from vot-
ing. This order was quite generally followed, so that the
convention itself, with a few notable exceptions, was sol-
idly Republican. While this condition of things, by throw-
ing the entire responsibility of the work on one party, no
doubt caused the production of a more perfect instrument
than would otherwise have been drafted, yet it alienated

56 CONSTITUTION OF 1890.

the bulk of the Democratic part}' and all of its official lead-
ers from its support, and set the whole machinery of that
party actively at work to bring about its defeat. Public
speakers traversed the Territory in opposition, and easily
excited prejudices among the large portion of the people
who had never lived in a State, knew but little of the re-
sults of State government, and whose fears of the unknown
were thus aroused against any change from the system
with which they were familiar. All interests opposed to
Statehood, or to any particular provision of the Constitu-
tion in question, worked behind the election machinery
thus provided, and the result was as stated. It should -be
noted, however, that the political orators and party leaders
most active in their opposition all repudiated the idea that
they were opposed to Statehood itself, and asserted that
their opposition was solely to the proposed Constitution
and the method of its formation, and that on the main
question they were as progressive as those they opposed."

The adverse vote had no effect on the efforts of the peo-
ple for self-government, and all parties proceeded as before
in endeavoring to secure admission through an Enabling
Act of Congress.

The following extracts from the Constitution of 1889-
90 are inserted here in order to show the progressive char-
aracter of that instrument, and also as suggestions of mat-
ters which should not be overlooked in future drafts of
Constitutions :

ARTICLE II.

"Sec. 10. All lotteries or sale of lottery tickets are pro-
hibited.

"Sec. 24. Xo officer, or person authorized by this Con-
stitution to appoint any person to office, shall ever appoint
to office any person who may be related to him by blood or
marriage within the fourth degree of consanguinity accord-
ing to the civil law rule of computation/'

Sec. 25. The legislature shall pass liberal exemption
laws ; and there shall be exempt from levy and forced sale
under any process from any court in this State, the parcel
of ground and the buildings thereon, owned by the debtor

CONSTITUTION OF 1890. 57

and occupied by him as a residence, he being a householder
and having a. family, to the value of not less than twenty-
five hundred dollars."

AETICLE IV.

"Sec. 13. No member of the legislature shall, during
the term for which he was elected, be appointed or elected
to any civil office which has been created, or the emolu-
ments thereof have been increased, during such term; nor
receive any civil appointment to any office within the
State."

"Sec. 18. No bill shall become a law except by a vote
of a majority of all the members elected to each House, nor
unless on its final passage the vote be taken by ayes and
noes and the names of those voting entered on the journal."

"Sec. 22. The legislature shall not pass special or local
laws on any of the following subjects :

(Here follows a list quite similar to that in the Consti-
tution of 1872, but containing the following items).

"Claims or accounts against the State or any munici-
pality ;

"Refunding money paid into the treasury;

"Releasing persons from any debt or obligation to the
State or any municipal or quasi-municipal corporation
therein."

"Sec. 23. The legislature shall not grant to any corpor-
ation or to any person, any rights, privileges, immunities,
or exemptions which shall not upon the same terms belong
equally to all persons."

"Sec. 25. No bill for the appropriation of money, ex-
cept for the ordinary expenses of the government, shall
be introduced after the fiftieth day of the session except
by unanimous consent."

ARTICLE V.

"Sec. 7. When any bill appropriating money from the
public treasury shall have passed both Houses and been
presented to the Governor, he shall have power to approve
the same in whole or in part, and may return to the House
in which it originated a copy of any part or parts of such

58 CONSTITUTION OF 1890;

bill which he may disapprove, with his objections thereto,
when like proceedings shall be had as in the case of any bill
returned by the Governor as a whole."

"Sec. 12. Neither the State treasurer nor auditor of
public accounts shall hold office for two consecutive terms,
nor shall either immediately succeed the other in office."

ARTICLE VII.

"Sec. 13. Xo person shall hold more than one lucrative
office at the same time ; but no appointment in the militia,
nor the office of notary public, shall be considered a lucra-
tive office."

ARTICLE IX.

"Sec. 1. Provision shall be made by law for the estab-
lishment and maintenance of a uniform system of public
schools which shall be open to and sufficient for the educa-
tion of all the children in the State, and shall be under
the absolute control of the State, and free from sectarian
or church control; and no other or different schools shall
ever receive any aid or support from public funds. No
sectarian tenet, creed or church doctrine shall be taught in
the public schools."

ARTICLE XII.

"Sec. 4. Xo county, town, city or other municipal cor-
poration shall ever become a stockholder in any joint stock
company, corporation or association whatever, or raise
money for, or make donations to or loan its credit to or
in aid of, any such company, corporation or association."

"Sec. 11. Xo county seat shall be changed until a prop-
osition designating the place to which the removal is pro-
posed shall have been submitted to the electors of the coun-
ty and received two-thirds of the vote cast by qualified
electors."

ARTICLE XIII.

"Sec. 8. Any combination between individuals, associa-
tions or corporations having for its object, or which shall
operate, to control the price of any article ol manufacture

CONSTITUTION OF 1890. 59

or commerce, product of the soil or mine, is hereby pro-
hibited and declared unlawful and against public policy;
and the legislature shall provide such penalties and for-
feitures as shall be sufficient to prevent all such unlawful
combinations."

"Sec. 9. All railroad, transportation and express com-
panies doing business in this State shall be common car-
riers, and all railroads owned or controlled by such com-
panies shall be public highways, and the legislature shall
pass laws to correct abuses- and prevent unjust discrimina-
tion and extortion in the rates of freight, express and pass-
enger ' tariff s on the different railroads., and in the charges
of telephone, telegraphic and insurance companies in this
State, and enforce such laws by adequate penalties, to the
extent, if necessary for that purpose, of forfeiture of their
property and franchise."

"Sec. 16. Any president or other officer of any banking
institution, who shall receive or assent to the reception of
deposits after he shall have knowledge that such banking
institution is insolvent or in failing circumstances, shall
be individually responsible for such deposits so received."

60 PROPOSED CHANGES OF NAME.

CHAPTER IX.

PROPOSED CHAXGES OF XAME.

In other chapters we have had occasion to refer to various
proposed changes in the name of Xew Mexico when it
should enter the Union as a State, especially the attempt
in the Omnibus Bill in the 56th Congress (1888) to call
it Montezuma, and the peculiar provision in the bill intro-
duced by Hon. Antonio Joseph, Feb. 15, 1889, which ap-
parently sought to accomplish the same result by indirec-
tion. Xo such changes ever found favor in Xew Mexico,
and the project was denounced as soon as known.

At a meeting of the people of Xew Mexico held in the
court house, in the city of Santa Fe, in the winter of
1888-9, Hon. James A. Williamson presiding, a committee
of 26, representing all portions of the Territory, was ap-
pointed on resolutions, with Judge Hazledine as its chair-
man. The committee reported the following, which were
unanimously adopted:

"Whereas, the name of Xew Mexico has been for more
than three hundred years applied to this Territory, and the
inhabitants have for generations held that name in venera-
tion and desire to perpetuate it in their history as the name
of a sovereign State;

"Resolved, That simple justice to this people demands
that they should be permitted to perpetuate the history and
achievements of their forefathers by retaining "New Mexi-
co" as the name of the new State/'

These Resolutions were presented to the Senate April
?th, 1890, accompanied by a communication from Judge
Hazledine.

Xotwithstanding the strong sentiment in Xew Mexico
against a change, from time to time various suggestions
have continued to be made as to a new name for the future
State, and some of these have been persistently advocated.

A favorite argument and one that might have weight if
there was not so much sentiment and such a long historic
association involved, is that the name Xew Mexico is con-

PROPOSED CHANGES OF NAME. 61

fusing and that foreigners and even Americans from the-
east are likely to confound it with the Republic of Mexico.
This has been illustrated by numerous anecdotes, which
are often true, of apparently intelligent citizens of New
York or Massachusetts who direct letters to Mexico instead
of New Mexico, or express surprise that Albuquerque is in
the United States or that they see an American flag in
Santa Fe or that American postage stamps are good in
Las Vegas; and it is said that the old name is an obstacle
to immigrtion and will handicap the progress of the new
State.

One of the most persistent efforts in this direction was
to establish a State of Lincoln, especially since Washing-
ton was similarly honored in the far northwest. This was
earnestly advocated as far back as the "60s" and even
within the last few months a number of communications
have appeared in the press in favor of its adoption.

David Dudley Field for some reason felt a great interest
in the subject of the name and wrote a number of letters
to periodicals some twenty years ago earnestly advocating
the name of Montezuma; and he even went to the trouble
of visiting Washington and interviewing prominent mem-
bers of Congress in behalf of this project. The peculiar
provision in section 20 of the Omnibus 'Bill of 1888 was
probably inserted owing to his solicitation and influence.

More recently, Hon. B. S. Rodey, one of the most en-
thusiastic of Statehood workers, has argued strongly in
favor of the adoption of Acoma as the name of the new
State, possibly in order that alphabetically it should lead
in the roll at National Conventions and similar meetings.

This fact is that New Mexico is altogether the most
historic and dignified name in the United States. There
is but one geographical name in the entire country older
than this, and that is the name of Florida. Long before
the settlement of Jamestown, still longer before the Hol-
landers came to New Amsterdam or the Pilgrims landed
at Plymouth., the name of New Mexico had been fixed and
established, and was known throughout the civilized world.
It dates back to 1583, more than three and a quarter cen-

62 PROPOSED CHANGES OF NAME.

turies ago. In that year Espejo marched up the Rio Grande
in hopes of rescuing from a martyr's fate the three Fran-
ciscan missionaries who had settled upon its banks near the
modern Bernalillo.

After passing the desert to the south, he came into the
beautiful and fertile valley of the Great River of the North,
and was so struck with its resemblance to some of the most
charming spots in Xew Spain that he christened it "Xew
Mexico/7 There is no doubt of this fact or of its date;
they do not rest on rumor or tradition.

So important was the discovery considered and so much
interest did it create in the City of Mexico, that the Rev.
Padre Juan Gonzales de Mendoza, visiting that city on his
return from his travels in China, incorporated the entire
history of Espejo's expedition into his book on "The Great
Kingdom of China;77 and as such it was not only published
immediately in Spain, but translated into French, Italian
and English, and thus made known to all Europe. A copy
of the French edition, published in Paris in 1588, is among
the literary treasures of the Xew Mexico Historical Society
in the Palace at Santa Fe. It contains the full narration
of the chivalrous expedition of Espejo from the day that
it left Santa Barbara in Xew Biscay until its return. And
here we have a chapter headed "Of Xew Mexico and how
it was discovered,'7 which proceeds to tell that in the year
1583 Antonio de Espejo, after traveling up the Rio del
Xorte, discovered a land of fifteen provinces which he called
Xew Mexico. Thus the antiquity of the name is absolutely
established; and from then until now, through all these
years of time, that name has never changed.

And as to the dignity which that name represents; Xew
Mexico was never an ordinary province of Xew Spain, like
the regions to the south of it. It was always a separate
government, with authorities appointed directly by the
Spanish king, and in all ancient documents it was called
"The Kingdom of Xew Mexico.77 This high dignity it pos-
sessed from the very beginning. The oldest document
issued in Xew Mexico, of which we have anv knowledge,
was written before the Spanish settlement of Santa Fe, at

PROPOSED CHANGES OF NAME. 63

San Gabriel, • the first capital of the province, situated
where Chamita station now stands, in the wide valley at the
junction of the Rio Grande and the Chama. It is signed
by the first Governor and Captain General, Don Juan de
Onate, under date of October, 1603. This venerable docu-
ment describes Onate as Governor, Adelantado and Pacific-
ator of "The Kingdom and Provinces of New Mexico."

An examination of any of the ancient Spanish docu-
ments fortunately preserved to New Mexico by the His-
torical Society, as well as those in the Archives now in
Washington, of which the Territory is deprived until she
has the power of Statehood by which to reclaim them, will
prove that this dignified and exalted title was constantly
applied to New Mexico. They will be found to be dated
in this language : "Done in the City of Santa Fe, Capital
of the Kingdom and Provinces of New Mexico;" and the
title of the ruler was uniformly "Governor and Captain
General of this Kingdom and Provinces of New Mexico/'
Everywhere the word is "reino," kingdom ; and there is no
other part of the United States that ever possessed so ex-
alted a title.

In its extent as well as in its title New Mexico excelled
in dignity and grandeur. By consulting any of the ancient
maps in the Historical Society's rooms it will be seen that
for more than a century the whole range of country now
constituting the southern part of the United States, from
the Pacific to the Atlantic, was divided between New Mexico
and Florida; the dividing line being the Mississippi river.
Then for another hundred years there were three divisions
instead of two : — Louisiana occupying the Mississippi val-
ley in the center ; but the northern boundary of New Mexi-
co running up indefinitely to the arctic regions.

So the people are naturally proud of the historic name.
For three hundred and twenty-five years this great region
had been known as New Mexico. It is true that in later
A^ears it has lost part of its area. Arizona, with parts of
Nevada and Utah, have been taken off on the west. South-
ern Colorado was cut off to enlarge that sister State.
Texas occupies much of its old eastern territory. But

64 PROPOSED CHANGES OF NAME.

still, through all the ages, under varying forms of govern-
ment; under three different nationalities; sometimes a
kingdom, sometimes a province, sometimes a territory;
through revolutions and re-conquests and restorations,
Xew Mexico had progressed under its original proper name
unchanged and it was hoped unchangable.

It is a fact not generally known, that down to a few days
before the final report of the Senate Substitute for the
Hamilton Statehood Bill, in 1910, there was a strong incli-
nation in very influential quarters to change the name of
Xew Mexico in the bill to something modern, and this was
only averted by the positive assurances from representatives
of the Territory that any such change would meet such
strong opposition from the people of Xew Mexico as to
place the Statehood proposition in grave danger of rejec-
tion.

The only official endorsement of a change, was in the
passage of the Joint Statehood Bill of 1906, giving the
consolidated State the name of Arizona. The fact is, that
the people of the Territory at large, especially the descend-
ants of the original Spanish settlers and the older residents
among the English speaking population, have never looked
on any change with favor; and the day will be far distant,
if it ever arrives, when the people of the present Territory
will consent to a change which will break their historic
connection with the past and blot from the map a name
which has remained there continuously for over three hun-
dred years.

,5 -A

FAVORABLE INFLUENCES. 65

CHAPTEE X.

FAVORABLE INFLUENCES.

Throughout the long duration of the "Struggle" events
have occurred, and influences have been exerted, which
have aided materially in the ultimate success of the State-
hood movement, and which deserve recognition here. Such
are the planks in the national platforms of the great po-
litical parties; the action of State and Territorial Con-
ventions on the subject; the formal hearings before the
committees of the Senate and House of Representatives;
the written statements made to those committees; articles
contributed to leading journals in defense of New Mexico
and advocacy of Statehood; and resolutions passed and
addresses made on the subject in important national bodies
of large influence.

Some of the more important of these will be referred
to in separate chapters, under their appropriate heads, and
others are grouped together here; but all shoold be con-
sidered in connection with the more systematic narrative
of events in the record of Congressional action.

ARTICLES IN PERIODICALS.

During a long period, articles have been sent to journals
of large influence, by ardent friends of the cause, and have
had their influence on public opinion.

The first of these .after the dozen years of inaction, was
contributed by Hon. L. B. Prince to the New York Trib-
une under date of January 10, 1889, with, the title "Ad-
mission of New Mexico; both justice and expediency de-
mand it." This was in part an answer to a scurrilous
article in the Chicago Tribune, and an argument for im-
mediate admission. It was followed up by similar arti-
cles in the New York Mail and Express on January 16th,
1889, and the Indianapolis Journal on January 20th, 1889.
Somewhat later he was invited by the editor of the North
American Review to contribute an article on the subject
to that periodical, which gave an opportunity of present-

66 FAVORABLE INFLUENCES.

ing the facts to the most cultivated constituency in the
country.

On December 9th, 1893, Judge A. L. Morrison sent an
excellent and effective article to the Chicago Inter-Ocean,
defending the people of New Mexico from the strictures
contained in an editorial in that journal a few days before.

On January 4, 1900, Col. B. E. Twitchell wrote a vig-
orous and characteristic article to the St. Louis Globe-
Democrat, entitled "Progress of New Mexico; some figures
that serve to correct false impressions.'7 As introduction
he said : "The Territory of New Mexico has been the most
maligned, the least appreciated and the most poorly un-
derstood portion of Uncle Sam's domain." "If there is
one thing above another that the ordinary dweller in the
lands east of the Mississippi can thoroughly understand,
ir is figures. Your true-blue Yankee has a mania for
figures and statistics. One of the first things a Bostonese
infant has impressed upon him is the fact that figures don't
lie.'"' And then he proceeded with some most convincing
statistics.

During his prolonged service in Washington, Hon. B.
S. Rodey wrote numerous letters to the eastern press, cor-
recting misstatements and appealing for justice to New
Mexico in no uncertain tones and in his emphatic and un-
mistakable language; and these undoubtedly had an ex-
cellent effect in educating public opinion in that section
of the country.

On January 6th, 1903, Gov. Prince wrote another letter
to the Xew York Tribune, which was afterwards printed
in pamphlet form and widely distributed to members of
Congress and others, entitled "The Claims of New Mexico."

Many other patriotic citizens have aided in this work
of publicity, with good results; though the general ignor-
ance of the country as to the resources and conditions of
the southwest seems so dense that it is difficult to dispel.
It is not many years since a leading journal of national
influences spoke of "four-fifths of the people" of New
Mexico being "Peon Aztec Indians," whatever they may be !

FAVORABLE INFLUENCES. 67

STATEHOOD CONVENTIONS.

A Statehood Convention was called by Gov. Otero to
express the sentiment of the people relative to the admis-
sion of New Mexico to the Union, and met at Albuquer-
que on October 15th and 16th, 1901. Among other notable
speeches, was one by Gov. Murphy of Arizona. The con-
vention passed strong resolutions, which were reported
by a committee headed by L. C. Grove of San Juan Coun-
tv, embodying not only arguments and statements of facts,
but declarations of principles in clear and convincing terms.
They are drawn in the general style of the Declaration
of Independence and contain an arraignment of Congress
similar to that of King George the Third in the Declara-
tion.

After a suitable preamble they "solemnly publish and
declare that New Mexico of right ought to be a free and
independent State," and they close with the following
sentences :

"WHEREFORE, Having endured all these things,
through all these years, supported the flag and the Consti-
tution in two wars, we most respectfully appeal to the
sense of justice and righteousness of the Congress, and

PRAY: That it will not permit a government of our
people, for our people and by our people to perish from
our hopes, but that under God it will grant us a 'new lease
of freedom by granting us STATEHOOD/'

Another Statehood Convention, called by Gov. Curry,
met in the Capitol at Santa Fe, on November 30th, 1907,
and was largely attended from various sections of the
Territory by representative citizens. The governor; secre-
tary and judges of the Supreme Court, occupied the plat-
form. Hon, T. B. Catron delivered an address of welcome,
and the convention temporarily organized with Gov. Curry
as president, and Hon. J. M. Hervey and Hon. R. L. Baca
as secretaries. Subsequently Hon. W. S. Hopewell was
made permanent president.

Gov. Curry announced good tidings from Washington,
where he had recently seen the President and various
prominent men and had received gratifying and encour-

68 FAVORABLE INFLUENCES.

aging assurances. Hon. L. B. Prince presented the latest
Trans-Mississippi resolutions and told of the enthusiasm
that he had just witnessed in Oklahoma over their ac-
quired Statehood. Judge Morrison counseled harmony
and careful avoidance of partisanship. A number of brief
addresses were made,, and resolutions urging immediate
action on the Statehood Bill were passed and directed to
bo sent to Washington.

WESTEEX COXGEESSES.

Public sentiment throughout the whole of the Great
West has been strongly in favor of the admission of Xew
Mexico from the beginning, and every proper opportunity
has been taken advantage of to make this manifest in
the way of resolutions passed by important representative
bodies. The most widely known and influential of these
is the Trans-Mississippi Commercial Congress., and begin-
ning in 1892 at Xew Orleans, that great organization has
given at each of its annual sessions, expression to its be-
lief and its wishes on this subject.

Hon. L. Bradford Prince was for many years the rep-
resentative of Xew Mexico in that Congress, of which he
was president in 1892 and presiding vice-president at three
other sessions, and he regularly presented the resolutions,
which were always unanimously adopted. This included
the Congresses at Xew Orleans, Ogden, San Francisco,
St. Louis, Omaha, Salt Lake, Wichita, Houston, and
C ripple Creek, as well as more recent ones. Usually a
brief statement was all that was required to insure this
result, but at Omaha in 1895, and at Cripple Creek in
July, 1901, he made addresses of considerable length which
were published in pamphlet form and aided in creating
a correct public sentiment.

The Xational Irrigation Congress has always carefully
refrained from passing any resolution not directly con-
nected with irrigation and related subjects; but at the
session held in Colorado Springs in 1892 it made an ex-
ception to this rule and on motion of Hon. G. A. Eichard-
son of Xew Mexico, after an enthusiastic speech from Hon.

FAVORABLE INFLUENCES. 69

John Henry Smith of Utah, passed a resolution in favor
of New Mexican Statehood.

Many other western organizations have followed the lead
of these representative bodies and added the weight of
their influence in favor of justice to New Mexico; and to
all of these the thanks of her people are due.

70 NATIONAL CONVENTIONS.

CHAPTER XL

X ATIONAL CONVENTIONS.

In this connection it would be improper to omit mention
of the various planks in the platforms of the leading
parties of the country as adopted in their National Con-
ventions in presidential years; although their wording has
usually been so careful and almost indefinite that their
spirit might be violated without actually contradicting
their letter.

In 1888 the Republican National Convention at Chicago,
which was earnestly requested to recommend Statehood,
passed the following resolution on that subject, which al-
though excellent is rather general in the language em-
ployed :

"The government by Congress of the Territories is based
upon necessity only, to the end that they may become
States in the Union; therefore, whenever the conditions
of population, material resources, public intelligence, and
morality, are such as to insure a stable local government
therein, the people of such Territories should be permitted,
as a right inherent in them, to form for themselves con-
stitutions and State governments and be admitted into
the Union."

The Democraic National Convention at St. Louis in the
same year took much stronger ground and mentioned New
Mexico by name. It is to be remembered in considering
these resolutions that at that time and until 1896 Utah
was still a Territory and there was so much popular antag-
onism to the admission of that Territory that both parties
handled the subject with considerable care. The following
is the democratic plank:

"Resolved, That a just and liberal policy should be pur-
sued in reference to the Territories; that the right of self
government is inherent in the people and guaranteed un-
der the Constitution; that the Territories of Washington,
Dakota, Montana and New Mexico are, by virtue of popu-
lation and development, entitled to admission into the

NATIONAL CONVENTIONS. 71

Union of States; and we unqualifiedly condemn the course
of the republican party in refusing Statehood and self
government to their people."

In 1892 the National Republican Convention gave very
meagre space to its plank on this subject. The following
is the resolution:

"We favor the admission of the remaining Territories
at the earliest practicable day, having due regard to the
interests of the people of the Territories and the United
States."

The democratic convention at Chicago in the same year
was rather more outspoken in its statement, as it had been
four years before. Its plank was as follows :

"We approve the action of the present House of Repre-
sentatives in passing bills for the admission into the Union
as States of the Territories of New Mexico and Arizona,
and we favor the early admission of all the Territories
having necessary population and resources to admit them
to Statehood."

Four years after, in 1896, the republican national con-
vention again passed a resolution on the subject, but did
not vary in a single word from the language of the reso-
lution which was passed in 1892.

The democratic national convention at Chicago also fol-
lowed very nearly the language which it employed four
years before, but it added Oklahoma to the list of Terri-
tories specifically mentioned, the plank in their platform
being as follows :

'We favor the admission of the Territories of New Mex-
ico, Arizona and Oklahoma into the Union as states, and
we favor the early admission of all the Territories having
the necessary population and resources to entitle them to
Statehood."

In 1900 the Republican National Convention at Phila-
delphia made its plank on Statehood even shorter than be-
fore but very much more distinct. The resolution reads
as follows :

"We favor home rule for, and the early admission to
Statehood of, the Territories of New Mexico, Arizona and
Oklahoma."

72 NATIONAL CONVENTIONS.

The Democratic Convention at Kansas City made the
most political capital possible out of the situation and in
iti promise went further than the republicans by the use
of the important word "immediate." The plank in the
Xational platform reads as follows:

"We denounce the failure of the republican party. to
carry out its pledges to grant Statehood to the Territories
of Arizona, Xew Mexico and Oklahoma. We promise the
people of those Territories immediate Statehood,, and home
rule during their condition as Territories."

In 1904 the Republican Xational Convention, which met
in Chicago, added nothing to its previous declarations.

The Democratic Xational Convention, at St. Louis, add-
ed to its former statement a declaration in favor of separ-
ate Statehood for Xew Mexico and Arizona, as Joint
Statehood had become somewhat of an issue. The State-
hood plank in its platform is as follows:

"We favor the admission of the Territory of Oklahoma
and the Indian Territory. We also favor the immediate
admission of Arizona and Xew Mexico, as separate States."

Finally we come to 1908.

The Democratic Xational Convention at Denver reiter-
ated its former declarations and pledges in amplified form.
The platform says:

"The Xational Democratic party has for the last six-
teen years labored for the admission of Arizona and Xew
Mexico, as separate States of the Federal Union, and
recognizing that each possesses every qualification to suc-
cessfully maintain separate State governments, we favor
the immediate admission of these Territories as separate
States."

The Republican Xational Convention, again meeting in
Chicago, preserved its characteristic brevity of expression,
but, in the two lines of its declaration, for the first time
gave an unequivocal pledge in favor not only of separate
Statehood, but of immediate admission. This concession
by eastern republicans was not obtained without a long
and vigorous struggle by the delegates from Xew Mexico
and their friends. The credit for final success, by the in-

NATIONAL CONVENTIONS. 73

sertion of the word "immediate," is due to Hon. H. 0.
Bursum, chairman of the Territorial Eepublican Commit-
tee, through whose tact and pertinacity it was achieved.

While the exact wording of political platforms is not
always of great importance, and too often the platforms
themselves are regarded as more for campaign use than
an inviolable pledge of official action; yet in this case the
clear and distinct declaration of the resolution has been
of the highest value. Its very brevity added to its force.
President Taft has taken the highest ground as to the
obligation of a party and its official representatives to
carry into effect the pledges of its declaration of princi-
ples. Finding in the Chicago platform this unequivocal
statement regarding "immediate admission/' he insisted
that a Eepublican Congress was bound to carry it into
effect. Without this conscientious construction of party
honor and party duty, on the part of the President, it is
more than doubtful whether the Statehood Bill of 1910
would have been passed. Without this clear-cut plank, he
would not have felt obliged to insist on its fulfilment; so
that while so many platform declarations above recorded
have been without effect, the very important influence of
the last one adds new dignity and respect to the solemnly
adopted pledges of great parties.

74 HEARINGS -IN WASHINGTON.

CHAPTER XII.

HEAKINGS IN WASHIXGTOK

Since the revival of interest in Statehood about twenty
years ago, and during the consideration of the constant
succession of bills of various kinds relating to admission
to the Union, by the Committees on Territories of the
House and the Senate, there have been a number of hear-
ings on the subject, many of them of importance, the
printed reports of which shed much light on the progress
of the struggle and the changing aspects in which the sub-
ject has been presented.

It is not necessary to enumerate all of these, but the
principal ones, which led to results or influenced public
opinion, will be briefly referred to.

1890.

The first of these was on May 5, 1890, before the Senate
Committee on Territories, of which Senator 0. H. Platt
of Connecticut was then chairman. The committee was
the one of fifty-four members appointed by the Governor
at the formal request of the Bureau of Immigration, to
visit Washington, principally in relation to a land court,
to school lands and to irrigation. It was entirely a volun-
tary matter of patriotic service, each member paying his
own expenses, and their character is shown by the fact that
no less than twenty-nine — more than half the entire dele-
gation appointed, — actually went to Washington, and re-
mained there engaged in the work of their mission for
nearly a month. It was undoubtedly the strongest dele-
gation which ever visited Washington from Xew Mexico
and the most successful in the accomplishment of results.
The passage of the Act creating the Court of Private Land
Claims, which settled the titles to the land grants in the
Territory, was the most immediate result of its labors.
It visited the President, every member of the Cabinet, the
Assistant Secretary of the Treasury, the Commissioner
and Deputy Commissioner of the Land Office and the Mexi-
can minister; and was afforded hearings by the Senate

HEARINGS IN WASHINGTON. 75

Committees on Territories, Public Lands and Private
Land Claims, and by the House Committees on Territories,
Education, Private Land Claims,, and Irrigation. The
reasons which induced the committee to take up the mat-
ter of Statehood appears in the proceedings hereafter men-
tioned.

The names of the twenty-nine actually present in Wash-
ington were as follows :

Hon. L. Bradford Prince, Governor.

Hon. Trinidad Alarid, Territorial Auditor.

Hon. S. B. Axtell, ex-Governor and ex-Chief Justice.

A. J. Bahney, P. M., Socorro.

Ira M. Bond, Editor, Albuquerque.

S. E. Booth, Chairman County Commissioners, San
Miguel County.

George H. Cross, News Edttor, New Mexican.

C. H. Gildersleeve, Santa Fe.

S. L. Hauck, San Pedro.

Hon. W. C. Hazledine, Genl. Solicitor A. & P. E, E.

W. H. Kennedy, Cerrillos.

J. C. Lea, Eoswell.

Col. W. G. Marmon, Laguna.

Hon. T. B. Mills, Las Vegas.

J. S. Eaynolds, Pres. 1st Nat. Bank, Albuquerque.

Frank W. Smith, Las Cruces.

E. W. Spencer, Albuquerque.

Hon. E. S. Stover, Albuquerque.

A. Staab, Santa Fe.

Hon. L. S. Trimble, Ex-M. C., Albuquerque.

George H. Utter, Silver City.

John P. Victory, Santa Fe.

Gen. J. A. Williamson, Presi. A. & P. E. E.

W. C. Wrigley, Dist. Atty., Eaton.

Levi A. Hughes, Int. Eevenue Collector.

J. B. Bowman, Las Cruces.

George F. Patrick, Silver City.

Hon. Thomas Smith, ex-U. S. Attorney.

At the hearing, Gov. Prince opened the discussion, as
follows :

76 HEARINGS IN WASHINGTON.

Mr. Chairman: — I would like to call attention to the
size and character of the delegation present this morning.
It is not the ordinary kind of delegation coming of its
own volition to ask for legislation to secure personal in-
terests, but it is a regularly commissioned delegation, ap-
pointed at the instance of the Bureau of Immigration of
New Mexico to come to Washington to secure, if possible,
certain legislation looking to the material development of
that country.

When they arrived here they found that the subjects
as to which they had been sent, apparently cannot be ob-
tained without Statehood. Some of them naturally follow
admission to the Union, and others it seems practically
impossible to attain until we have representation in both
Houses of Congress. So that this committee, which came
here to attend to these matters relating to the material
prosperity of the Territory, has been forced to the conclu-
sion unanimously that that prosperity cannot be attained
without Statehood. We therefore come before you today,
Democrats and Republicans, representing all parts of the
Territory and every interest in it, unanimously to ask for
Statehood for New Mexico.

After presenting the claims of the Territory quite fully,
the discussion was continued by Hon. E. S. Stover, Ira
M. Bond, George F. Patrick, Hon. L. S. Trimble, George
H. Utter, Col. Thomas Smith, Hon. J. P. Victory and
Hon. Antonio Joseph; the Senators taking an active part
being the chairman and Senators Cullum, Stewart, Payne,
and Manderson.

This same committee of twenty-nine also had a hearing
before the House Committee on Territories, which courte-
ously held a special session for the purpose, on April 30th,
1890. A somewhat similar presentation of the claims of
New Mexico was made by Gov. Prince, Judge Trimble and
Judge Axtell, and numerous questions by members of the
committee, including Mr. Springer of Illinois, Mr. Dorsey
of Nebraska, and others, were satisfactorily answered.

HEARINGS IN WASHINGTON. 77

1902.

House Bill No. 12543., providing for the admission of
Arizona, New Mexico and Oklahoma to Statehood, having
been referred to the Senate Committee on Territories, that
committee gave a hearing to the delegates of those Terri-
.tcries and such parties as they might present, on June
28th and 30th, 1902.

This was immediately subsequent to the passage in the
Senate of the resolution empowering the committee to visit
the Territories for the purpose of investigating conditions
there.

Of the Senate Committee there were present Senators
Beveridge, (Chairman), Bard, Bate, Dillingham, Heit-
feld, and Keene.

The first statement received was that of Hon. Marcus
A. Smith, delegate from Arizona, presenting the claims o£
that Territory, and laying stress on the injustice done as
to population, by the census of 1900.

Hon. Bernard S. Rodey, delegate from New Mexico, fol-
lowed, on behalf of that Territory, and made a very strong
and comprehensive statement regarding its history, popu-
lation, resources, finances, and the general character of
the people. The members of the committee asked a multi-
tude of questions, largely as to the courts, schools and lan-
guage.

He was followed by Maj. W. H. H. Llewellyn, of Las
Cruces, who made a forcible plea for Statehood and gave
valuable testimony as to the valley of the Eio Grande, the
prospects of irrigation, public education, the desire for
Statehood and other appropriate matters.

John L. Gay of the Railway Mail Service was then ex-
amined, and was succeeded by Ira M. Bond, the well known
editor and correspondent, who gave the result of many
years of experience in New Mexico, as to the people, their
good citizenship, loyalty and various characteristics.

A. F. Codington then spoke of the universal desire for
Statehood, and Mr. Eodey closed the hearing so far as New
Mexico was concerned by a statement as to irrigation and
water rights. During the entire hearing, the members of"

78 HEARINGS IN WASHINGTON.

the committee displayed much interest and occupied a
large proportion of the time by questions.

1903.

In December, 1903, Delegate Eodey's Bill for the ad-
mission of New Mexico being before the committee, the
Delegate arranged for a hearing before the Committee on
Territories of the House, with special reference to dispar-
aging statements that had. appeared in the recent report
of the Senate Committee made by Senator Beveridge.

The hearing commenced on Dec. llth and was continued
on December 15th, 17th and 18th, Hon. Edward L. Hamil-
ton presiding and twelve other members of the committee
being present. T,he discussion was opened by Hon. G. A.
Eichardson of Eoswell in an able address, and he was fol-
lowed by Hon. L. B. Prince, Mayor Ishmael Sparks of
Santa Fe, and Hon. B. S. Eodey then delegate from New
Mexico. The arguments of the New Mexicans were mostly
on the general principles involved in the claim for self gov-
ernment, and the questions of the committee were mainly
directed to the condition of the native population. The
members of the committee taking the most active part in
the discussion were the Chairman and Messrs. Lloyd.
Powers, Eobinson, Spalding, Sterling, Capron and Wilson.

1906.

In January, 1906, the Joint Statehood Bill for New
Mexico and Arizona being before the House Committee on
Territories, a protracted hearing was held which extended
continuously from January 16th to January 20th, inclu-
sive, the report of which occupied 190 pages. Hon. Ed-
ward L. Hamilton, the chairman, presided, with twelve
others of the committee present.

There was a very large delegation in attendance from
Arizona, all of whom were opposed to Joint Statehood, and
presented arguments and facts bearing on that issue. Mr.
Dwight B. Heard was chairman of the delegation and open-
ed the discussion after an introduction by ex-Delegate
Smith. He was followed by Eugene B. O'Neill, E. E.
Morrison, Gov. N. 0. Murphy, W. S. Sturgis, Gen. A. J.
Sampson, Dr. A. J. Chandler, Eev. H. M. Shields, B. A.

HEARINGS IN WASHINGTON. 79

Fowler, A. J. Doran, Eoy S. Goodrich, E. S. Campbell,
J. J. Biggs, and George French of Arizona; and Senator
W. A. Clark of Montana, also spoke on the subject of tax-
ation of mines in Arizona. Hon. W. H. Andrews spoke
briefly and Hon. B. S. Bodey at considerable length in sup-
port of the project for Joint Statehood. Extracts from
some of the speeches of the Arizona delegates have been
reproduced herein in connection with the strong feeling
in that Territory against Joint Statehood with New
Mexico.

1908.

In January, 1908, immediate action on the Statehood
Bill introduced by Delegate Andrews had been promised,
and to facilitate it, Gov. Curry of New Mexico proceeded
to Washington and arrangements were made for a hearing
before the House Committee on Territories.

This hearing was held on January 29th and was opened
by an address by Hon. L. B. Prince, who presented the
Resolutions of the Trans-Mississippi Congress passed
unanimously at its session at Muskogee in November, 1907,«
strongly endorsing immediate Statehood for New Mexico.
He then proceeded to present the usual arguments for ad-
mission, based on the right to self government, on popula-
tion, wealth, fairness, etc., but laying particular stress on
the vicious and un-American character of a provincial form
of government. He was followed by Gov. Curry, who in-
vited the committee, in case it did not take immediate ac-
tion, to visit New Mexico and examine the conditions for
themselves. Hon. W. H. Andrews, the Congressional
Delegate, closed the session with an appeal for favorable
action. The members of the committee evincing special
interest by taking part in the discusion were the chairman
and Messrs. Houston, Davenport, Higgins, etc.

1910.

The last important hearing was that held in February,
1910, before the Senate Committee on Territories in the
hope of inducing an early report on the House Committee
bill, generally called the "Hamilton Bill," for the admis-
sion of New Mexico and Arizona as separate States, which

90 HEARINGS IN WASHINGTON.

had passed the House and was then in the Senate Commit-
tee. At this hearing, which extended over three days, the
18th,, 19th and 20th, both Territories were represented.
The special subjects that were discussed outside of the
general issues, were the payment of certain county bonds
validated by Act of Congress, and a provision of the Ari-
zona election law of March 10th, 1909, which practically
disfranchised a large class of citizens.

Senator Beveridge presided and Senators Dillingham,
Burnharn, Kean, Piles, Frazier, Hughes, Dick, and Owen
were present.

Those taking part in the discussion for Xew Mexico were
Hon. L. B. Prince, Hon. C. A. Spiess, and Hon. X. B.
Laughlin ; Mr. L. A. Hughes also being present ; and from
Arizona, Hon. Mark Smith, Hon. Ealph H. Cameron,
Eobert E. Morrison and J. L. Hubbell; and also Hon.
Bird S. Coler of Brooktyn, and Rev. W. H. Ketchem of
Washington. In the Xew Mexico hearing, which occupied
the 18th of February, besides the discussion of the bonds,
Gov. Prince laid special stress on the previous experience
of the people of Xew Mexico in framing constitutions of
great excellence, and exhibited copies of the Constitution
of 1850 and that of 1890 to the committee. All of the
speakers, in answer to Senator Beveridge, assured him that
they approved the strict provisions of the proposed law as
to the disposition of the public land.

The report of the bill, and its final passage and enact-
ment into law, followed closely on this hearing.

STATEMENTS TO COMMITTEES. 81

CHAPTER XIII.

STATEMtNTS TO COMMITTEES.

From time to time carefully prepared statements have
been submitted to Congressional Committees, which em-
bodied facts and arguments systematically arranged.

Such was the document presented to the Senate Com-
mittee by Hon. W. C. Hazledine, accompanying the Con-
stitutioiTof 1890.

Such was the argument submitted to the House Com-
mittee, in 1902, by Dr. Nathan E. Boyd, relative to the
value of Statehood in connection with the protection of
material rights concerning agriculture and irrigation.

In 1892, the Statehood question had become very promi-
nent, and was occupying much public attention. To meet
the demand for accurate information and refute oft re-
peated calumnies, Gov. Prince was called upon to make a
statement which should cover all the points involved. This
was done in a letter to the Senate Committee on Terri-
tories; and this letter, afterwards embodied in the Gov-
ernor's annual report for 1892, was the first systematic
document published on the subject and became the foun-
dation of a host of articles and speeches for many years.
As it embodies, as briefly as possible, the whole argument
for New Mexican Statehood, it is inserted here in full,
although some of the statistics have been superseded by
those more recent.

Executive Office,
Santa Fe, June 25, 1892.

HON. H. 0. PLATT,

Chairman Committee on Territories, United States
Senate :

On June 6, 1892, House Bill No. 7136, being "An act
to enable the people of New Mexico to form a constitution
and State government," passed the House of Representa-

82 STATEMENTS TO COMMITTEES.

tives, and on being received in the Senate was referred to
your committee.

This is a matter of the most vital importance to the
people of this Territory, and I therefore take the liberty
'of addressing you on the subject and submitting some of
the considerations which seem to me to render a longer
continuance of territorial government in Xew Mexico im-
proper and in violation of the rights of our people as
American citizens.

EIGHT OF SELF-GO VERNMEXT.

Self-government is an inherent right of American citi-
zenship; in fact it is inseparable from the fundamental
principles of republican institutions. The right to a rep-
resentative voice in the legislative body which enacts the
laws which he is to obey and imposes the taxes which he
if obliged to pay is one dear to every American., and the
right to take part in the selection of the national Chief
Magistrate and of the local governor and similar officials
i> likewise one of which he will not willingly be deprived.

These principles of self-government are so fundamental
in our institutions that no citizen should be deprived of
the right except under such peculiar circumstances as ren-
der its exercise impossible or dangerous.

To apply this practically, while in a section of country
the people are so few or so poor as to make self-govern-
ment impossible, they can be temporarily organized un-
der a territorial government, in order to protect life and
property; but the moment they are able to become self-
governing they are entitled to that right,

Xo circumstance now exists in relation to the people of
New Mexico which justifies their being longer deprived of
their full rights under a State government. If one of them
moves into Colorado or into Texas, he is immediately in-
vested with the full rights of American citizenship; if he
moves back, he loses them. This is improper and absurd.
He is no more intelligent or honest or patriotic because
he has crossed an imaginary line, nor does he lose any srood
qualities when he recrosses it.

STATEMENTS TO COMMITTEES. 83

Lack of sufficient numbers,, or property, or intelligence
might cause from necessity a temporary suspension of full
civil rights to the inhabitants of a district of country, but
] will endeavor to show, briefly but plainly, that neither of
such conditions exists in New Mexico at present.

SPECIAL OBLIGATIONS.

Apart from the obligation which the nation owes to each
of its citizens to secure to him the right of self-government,
except where special exigencies prevent, specific promises
were made to the people of New Mexico at the time of its
acquisition, which have hitherto been disregarded. When
Gen. Kearny made his peaceful entry into Santa Fe, he
issued a formal proclamation on August 22, 1846, assum-
ing the government of the entire Territory, and contain-
ing this statement: "It is the wish and intention of the
United States to provide for New Mexico a free govern-
ment, with the least possible delay, similar to those in
the United States." The people were satisfied with the
pacific sentiments of the American commander, relied on
the promises of the proclamation, and offered no opposi-
tion to the occupation of the whole area of New Mexico.
The treaty of Guadalupe Hidalgo, executed February 21,
1848, confirmed this promise.

ATTEMPTS TO OBTAIN STATEHOOD.

Kelying on these pledges and anxious to possess all the
rights of American citizenship, the people, early in 1850,
held a convention, adopted a constitution, elected State
officers, a legislature, and William S. Messervy as member
of Congress. In July the legislature elected E. H. Weight-
man and F. C. Cunningham as Senators, and they, with
the member of Congress, proceeded to Washington. While
on the journey they were met by the intelligence of the
passage, on September 9, of the famous "compromise meas-
ure/7 which admitted California as a State and relegated
New Mexico to the condition of a territory.

From that time to the present, attempts to secure ad-
mission have constantly been made. The Territorial legis-

84 STATEMENTS TO COMMITTEES.

lature has repeatedly memorialized Congress on the sub-
ject, the delegates have introduced enabling acts, and the
people have never rested contentedly under their depriva-
tion of the rights of citizenship. Congress has not entirely
failed to respond to these appeals. Both Houses of the
Forty-third Congress passed an enabling act, the House
by a vote of 160 to 54 and the Senate by 32 to 11. The
bill was slightly amended in the Senate and failed because
it was impossible at the end of the session (it passed the
Senate February 24) to bring it up for concurrence in the
House. If it was proper to admit New Mexico in 1874,
before it possessed a mile of railroad, a single public build-
ing, a developed mine, a matured orchard, or an alfalfa
field, what reason can now be given for delay, when its
population has greatly increased, its condition vastly im-
proved, and its resources of all kinds are being developed
into sources of wealth?

POPULATION.

In this respect the claim to statehood is indisputable^
No Territory at the time of its admission, with the excep-
tion of Dakota, has contained the population now in New
Mexico. By the census of 1890 it had 153,076 inhabi-
tants, without counting the Indians on the reservations.
The real population, as has been conclusively shown in
public documents and is practically unquestioned, was
between 180,000 and 185,000, the difficulty of full enum-
eration where the area is so vast and the population so scat-
tered accounting for the difference. But, taking the cen-
sus figures, the above statement as to other Territories is
correct. The following table shows the date of the admis-
sion of each Territory, with its population according to
the next preceding census. Of course, in some cases, there
had been considerable growth between the census and the
date of admission, but there is likewise an increase in New
Mexico since 1890.

STATEMENTS TO COMMITTEES.

85

State.

Date of
admis-
sion.

Popula-
tion.

State.

Date of
admis-
sion.

Popula-
tion.

Tennessee

1796

35,691

California

1850

92,597

Ohio

180*

48 365

1858

6,077

1812

76 5n6

Oregon

1859

18,294

1816

•>4 530

1861

107 206

Mississippi

1817

*40,353

Nevada

1864

6,857

Illinois

1818

12,282

Nebraska

1867

28,841

Alabama

1819

(t)

Colorado.

1876

89,864

Missouri
Arkansas

18*1

1836

66,557
30,388

North Dakota. ..
South Dakota...

1889
18-9

£328.808
£182,919

Michigan

1837

31,639

Washington

1889

75,116

Florida

1845

54 477

Montana

1889

39,159

Iowa

1S46

43,112

Idaho

1890

84,385

Wisconsin

1848

30 945

Wyoming

1890

60705

* Including Alabama.

t Included with Mississippi.

i By census of 1890. The population of both Dakotas in 1880 was 135,177.

The lesson drawn from this table becomes more marked
when we remember that in many of the Territories men-
tioned a large fraction of the population was made up of
slaves who were not citizens and had no vote, and further
that in nearly all of them the proportion of aliens was far
greater than in New Mexico. Thus, in Missouri there
were over 10,000 slaves; in Florida, over 25,000, and in
Louisiana over 34,000. When these numbers are deducted,
it reduces the self-governing population quite materially.

So it is evident that there is now no reason,' on the score
of lack of sufficient population, for depriving the people
of New Mexico of the ordinary rights of citizens. On the
contrary it has more population than Idaho and Wyoming
combined, considerably more than Montana, nearly or
quite four times as much as Nevada and really 15,000
more than Delaware.

FINANCIAL STRENGTH.

The next question is whether the value of taxable prop-
erty is sufficient to support a State government. If not,
that might be a valid reason for longer delay. But we
find that the assessed valuation of property in 1891 was
$45,329,563. This is much larger than that of many other
Territories at the time of their admission. The valuation
of the last two States, for example, was as follows : Idaho,
$28,000,000; Wyoming $31,000,000. The credit of New

86 STATEMENTS TO COMMITTEES.

Mexico is excellent, notwithstanding the prejudice against
Territorial securities in the financial centers. The only
bonds issued during the last four years were $25,000 for
the completion of the insane asylum, and although there
was some question as to their being in excess of the limit
established by Congress, yet they sold for 105 %. Since
July, 1889, the Territory has been gradually redeeming
and canceling its outstanding penitentiary bonds, to an
amount between $40,000 and $50,000. These were bought
at the lowest offers, after thorough advertising, and yet we
have been compelled to pay from 107 to 117 per cent for
them.

BESOUECES.

The resources of the Territory, as the foundation of its
ability to sustain its own government permanently, are
properly a matter for inquiry. And on this subject we
may make the broad assertion that New Mexico is endowed
with greater natural resources, and in greater variety,
than any other State or Territory of the Union. This prob-
ably sounds extravagant, and may be considered as a speci-
men of western hyperbole, but while it is a bold statement,
it is made with an entire appreciation of its full signifi-
cance, and is well considered and deliberate. Only one
approaches it, and that is California; and the possession
of almost limitless beds of coal, both bituminous and an-
thracite, give New Mexico a superiority even over that
favored State.

PUBLIC PEOPEETY.

No Territory has ever erected so many public buildings,
or possessed so much public property as New Mexico. With-
out the slightest aid from the National Government, it
has built a most beautiful capitol, a substantial peniten-
tiary, and more recently an insane asylum, university,
agricultural college and school of mines. All these latter
structures are more than creditable, they are sources of
pride and gratification; and they are paid for from taxa-
tion without the incurring of any indebtedness, except the
sum of $25,000 to complete the insane asylum. In nearly

STATEMENTS TO COMMITTEES. 87

every western State the institutions of a similar charac-
ter have been erected wholly or in part by grants of land
made at the time of their admission, but New Mexico has
not waited for such assistance. In addition to the above,
more than half of our counties have erected commodious
and elegant court houses of stone or brick within the past
ten years.

It seems1 strange that with all these facts in her favor,
New Mexico should have been so long deprived of state-
hood. It would be foolish to ignore the fact that there
has existed in the eastern mind a prejudice against her on
account of the supposed

CHARACTER OF THE POPULATION.

By many the people are looked upon as foreign and not
in harmony with American institutions. It is strange that
this objection should arise in a. land which absorbs half a
million of foreigners every year, and which manages to
assimilate the very worst elements of continental Europe.
It should be remembered that New Mexico was acquired
in 1846, that all of its inhabitants except the oldest were
born on American soil, and that its people belonged to a
sister republic with institutions similar to ours, and so
needed no new education in free government. For almost
half a century they have been electing their legislatures,
making their laws, and carrying on their local government
under the American system.

The people have shown themselves as loyal as any in
the nation. During the rebellion out of her total popula-
tion of 93,567 she sent 6,561 into the army. Her volun-
teers fought at Valverde, Peralta and on other fields; and
at Glorieta, together with their comrades of Colorado, de-
feated the enemy and turned back the column which was
advancing northerly from Texas with the intention of cut-
ting off the Pacific Slope from the remainder of the coun-
try. The value of that service to the Union cause can
scarcely be overestimated. The total number of volunteers
from the Territories now composing the six new States of
North Dakota, South Dakota, Washington, Montana,

88 STATEMENTS TO COMMITTEES.

Idaho,, and Aborning was 1,170. Colorado sent but 4,903,
and Nebraska, Oregon and Nevada, taken together, did not
contribute but 6,047, being 500 less than New Mexico
alone.

If we look at the foreign element in the population we
will find it smaller in New Mexico than anywhere in the
country except in certain Southern States. A comparison
with Territories recently admitted is instructive in this re-
gard. The figures are those of the census of 1880, which
are the latest on this point.

New Mexico contained 7,219 foreign-born inhabitants
to 100,000 native-born, or 7 to 100.

Washington had 26 foreign to 100 native.

Wyoming had 39 foreign to 100 native.

Montana had 41 foreign to 100 native.

Idaho had 44 foreign to 100 native.

Dakota had 62 foreign to 100 native.

Even in the older States, New York and Michigan had
31 to 100; Massachusetts, 33; Ehode Island, 36; Wiscon-
sin, 44; California, 51, and Minnesota, 52. So that New
Mexico looms up as a specially native American commun-
ity.

But to the uninformed the large number of voters of
Spanish descent is looked upon as a grave misfortune.
There could not be a greater mistake. It is the possession
of that conservative element in connection with the ener-
getic and enterprising American from the east which gives
New Mexico her special advantages as a self-governing
community over most other Territories. Every one fami-
liar with the far west knows that the principal danger in
new communities arises from the unsettled and irrespon-
sible character of much of the population.

The chief danger in a new community comes from this
class of men and from the overenthusiasm of others who
think that life in the new west is a continual boom, and
many a State and Territory has suffered from it. 'But Xew
Mexico runs no such risk. She has a solid, stable, respon-
sible, and conservative element in her native population,
which counteracts the danger. They are attached to the

STATEMENTS TO COMMITTEES. 89

soil and have no thought of leaving. They are identified
with the country, and naturally opposed to rash schemes
which involve extravagant expense and debt. By them-
selves they might be too slow and nonprogressive, but mix-
ed with the over-zealous American., they form an admirable
combination.

Another objection which has been urged against us is
that of

ILLITERACY.

Some years ago there may have been some force in this
argument, but it is fast disappearing. In no respect has
New Mexico been making such rapid progress as in public
education. Even under the crude system which existed
before the public school law of 189 1, the number of chil-
dren under instruction had increased in a ratio far in ad-
vance of the population. The late census developed the
fact that while the population of the Territory increased
28 per cent during the decade from 1880 to 1890, the num-
ber of children enrolled in the schools increased 283 per
cent or ten times as rapidly. The crowning work of the
last legislature was that relative to public education. Un-
der its beneficent provisions the educational system is im-
proving with great rapidity.

It should be remembered that all this has to be done by
direct taxation, as we have no school fund whatever. We
can not have any until we are admitted as a State. Should
you deprive all of the States of their school funds a la-
mentable condition of affairs would result in many of
them. With statehood come the grants of land from the
public domain for educational purposes. Being a Territory
we have no grants and no fund. It is not our fault, for
we have been asking for these for years. If there is any
fault about it, it is that of Congress, which has deprived
us of this among many other rights that come with state-
hood. If the educational matter is to be weighed .against
us, it should be weighed in the direction of giving us
Statehood, which will increase our means for public edu-
cation rather than in depriving us of it.

90 STATEMENTS TO COMMITTEES

CONCLUSION.

In every respect in which she can control her own des-
tiny, New Mexico is improving and advancing. Her pop-
ulation and wealth are increasing. Eailroads are reaching
every section. The products of agriculture and horticul-
ture, of the sheep range and the mines, are all enlarged.
Great systems of modern irrigation are multiplying her
fruitful acreage. The incubus of the past, the uncer-
tainty of land titles, is being removed by the new land
court. Wholesome and beneficent legislation is adding to
the general prosperity.

Thus in every way the tendency is upward and onward.
The sole obstacle to rapid advancement is the continued
Territorial condition. It is impossible to obtain money
for needed development in a Territory. Eastern capital-
ists will not loan or invest, as they have an idea that there
is no stability of government or security for property with-
out Statehood. To a certain extent immigration is also
retarded. It is apt to be thought that a Territory is back-
ward and nonprogressive. The admission of New Mexico
into the Union will give a great impetus to its prosperity.
Population will flow in with rapidity. The capital wanted
for the development of our resources will be easily obtained.
Rates of interest will be lowered. We will be relieved from
certain Congressional statutes which now impede our
progress. The people will feel that they are really Ameri-
can citizens, and not aliens or servants. All this will en-
kindle ambition, invigorate our energies, stimulate enter-
prise, and lead us on to a glorious future.

L. BRADFORD PRINCE,
Governor of New Mexico.

CONGRESSIONAI — 1895 TO 1901. 91

CHAPTER XIV.

CONGRESSIONAL— 1895 TO 1901.

In the 54th Congress Mr. Joseph was succeeded by Hon.
Thomas B. Catron. Mr. Catron had always been an
active frined of Statehood and he lost no time in introduc-
ing an Enabling Act in the usual form. This was on
December 6th, 1895, and the bill was designated "House
Bill 219." On account of some clerical errors, the bill
was re-introduced on December 9th, with the necessary cor-
rections. The material changes from the more recent
Joseph bills, were in an increase in the number of dele-
gates to the Constitutional Convention to 81, the appor-
tionment being made in the bill; greater liberality as to
donations of land for public use; and a provision granting
the "Palace" in Santa Fe, with all appurtenant lands, to
the new State.

Mr. Catron devoted his characteristic energy to the pass-
age of the bill, but was met by the usual delays and the
opposition of eastern influences', which at that time, owing
to the antagonism between the supporters of a single gold
standard and the advocates of bimetalism, were strongly
averse to the creation of more western States.

The history of the struggle during the last fifteen years
is wit! in the memory of most of those interested in the
subject, and presents a succession of attempts, regularly
begun at the opening of each new Congress, carried on with
more or less vigor, with apparent excellent prospects of
success, usually resulting in the passage of the bill by the
House of Representatives and its reference in the Senate
to the Committee on Territories. Sometimes there would
be public hearings by the committee of the Senate or the
House; usually the delegate would make at least one
speech on the floor of the House, begging for tardy justice
to his people; occasionally there would be a few other
speeches, more than likely in opposition, and full of un-
complimentary remarks on the Territory and its people.
From time to time, the people of the Territory would be

92 CONGRESSIONAL — 1895 TO 1901.

told that a demonstration in the form of a Statehood Con-
vention, or the passage of strong resolutions, would be of
benefit, by showing public opinion; or that a committee
coming to Washington would do good; and they would
hasten to carry out the suggested programme as far as
possible.

Any one consulting the files of territorial journals for
almost any year since 1890,, will be surprised to observe
the similarity,, year after year, in the reports from Wash-
ington, and in the general tone of articles on the subject.
Statehood has constantly been on the eve of being realized.
If it was not obtained that year, it could not fail to come
within the next year, or within two years at the farthest.
Occasionally there would be some episode which would add
to the general interest, and for the time bring the Terri-
tory into the limelight of national publicity. So it was
when Senator Beveridge began his crusade against admis-
sion to Statehood. So it was when Senator Quay became
its champion and with all the power of his great State
and the force and persistence of his character almost
achieved a victory.

We will not attempt, then, to cover this period in min-
ute detail. It will be understood that each delegate in
turn introduced an Enabling Act, perhaps a half dozen
in different forms, and used his best endeavors for suc-
cess; and that somewhere, at some stage of the procedure,
either in the House or in the Senate, either in committee
or on the floor, a snag was encountered, and the bill died
at the end of the session because it could not overcome
the obstacle in time. During all this long period the bill
has never been beaten on a vote, there has never been a
majority in either House of Congress willing to be recorded
a? opposed to self government for American citizens; but
it has been killed, or rather allowed to die, by indirection.

The reports made against Statehood, whether by a ma-
jority or a minority, have usually been made up of ex-
cuses rather than arguments, and have indulged in cruel
misrepresentations in order to arouse prejudice. The
famous Beveridge report is perhaps an exception to this

CONGRESSIONAL— 1895 TO 1901. 9£

rule, for, while it is most unjust in many of its statements
and conclusions., yet it is actually based on a theory as to*
the admission of new States which is clearly and frankly-
stated. That theory is given a hearing elsewhere in this
volume, with the antagonistic theory of the right of self-
government.

The friends of Statehood have never been afraid of a
fair argument, but they have feared the unjust and un-
founded sentiment, never openly expressed but no less
real, which has permeated nearly the whole eastern mind.,
against giving more power to the west. It was that under-
lying feeling which for a generation has kept New Mexico
out of the Union, and which has been stronger than ever
since the newly admitted States of the northwest have
shown remarkable political independence. The opinion has
been freely expressed on many occasions within the last-
ten or twelve years, that it was a great mistake to admit
Idaho, Montana, Wyoming and Utah, and that if the ques-
tion of their admission was to arise now instead of when
it did, they would not be admitted; and that any further
similar mistake must be avoided. Articles in eastern
journals, even since the passage of the Statehood bill for
New Mexico and Arizona in June, 1910, have expressed
the same feeling, and thus show that the final passage of
the Act was rather the result of a fortunate accident than
the real intention of the representatives of the east.

The existence of this feeling, strong yet unexpressed, ef-
fective though never apparent, must be constantly borne
in mind, in order to understand the regular failure, year
after year,, of the attempts for Statehood, when everything
on the surface appeared favorable.

Mr. Catron was succeeded as delegate by Hon. H. B.
Fergusson in the 55th Congress, and he, by Hon. Pedro
Perea in the 56th. The usual bills for the admission of
the three' remaining Territories were promptly introduced,
and urged by their respective delegates with vigor.

Mr. Fergusson made a strong plea before the Committee
on Territories of the House, for New Mexico; and in ad-
dition to the usual arguments made a special point regard-

94 CONGRESSIONAL — 1895 TO 1901.

ing the public lands, the immediate necessities of the pub-
lic schools and other educational institutions., and the dan-
ger that by protracted delay all the best of the lands would
be taken up by private individuals and lost to the new
State.

As usual,, the bill failed to become a law, but Congress
was sufficiently impressed by the argument as to the pub-
lic lands to pass an Act giving the Territory a considerable
proportion of the areas usually appropriated to new States
for the immediate use of the territorial institutions, before
admission.

Mr. Perea's term presented nothing noticeably different
from that which had become the ordinary routine of en-
deavor and eifort and failure. Like his predecessors, he
was an earnest friend of Statehood ; but the dominant feel-
ing of Congress was as above described, and controlled in
the result.

This brings us to 1901 and the beginning of the last
decade of the long struggle. But before taking up that
period in its order, the action of the Beveridge committee
and movements in the Territory itself, require attention.

THE BEVEREDGE COMMITTEE. 95

CHAPTEE XV.

THE BEVERIDGE COMMITTEE.

Pursuant to Senate Resolution No. 282, adopted June
27, 1902, a sub- committee of the Committee on Territories
of the Senate assembled at Chicago on November 10, 1902,
and proceeded to New Mexico, Arizona, Oklahoma, and the
Indian Territory for the purpose of investigating condi-
tions relative to the admission of those Territories to
Statehood. The sub-committee was composed of Senator
Beveridge (chairman), Senator Dillingham, Senator Burn-
ham and Senator Heitfeld; Senator Heitfeld joining the
party en route before reaching New Mexico.

This committee held sessions in this Territory at Las
Vegas, Santa Fe, Albuquerque, Las Cruces and Carlsbad,
commencing on Wednesday, November 12th, and ending
on November 21st. This investigation was not in the
form usual in hearings before committees in Washington,
where voluntary statements are received from those in at-
tendance, but was rather in the form of a legal proceeding
in which witnesses were called and sworn and then testi-
fied in answer to questions from the members of the "com-
mittee. A large number of witnesses were thus examined
on particular points as to which the committee desired to
obtain information, and the witnesses themselves were
selected and summoned by the committee with the excep-
tion of a very few who were produced at the request of
Delegate Rodey.

•The following is a list of the witnesses who were ex-
amined during the investigation:
At Las Vegas —

Judge Wm. J. Mills, Chief Justice.

Nepomuceno Segura, Court Interpreter.

Wm. E. Gortner, Court Stenographer.

Secundino Romero,. District Court Clerk.

Miss Georgia Murray, teacher.

Miss Francisca Zana, teacher.

Enrique Armijo, teacher.

THE BEVERIDGE COMMITTEE.

Enrique H. Salazar, editor "El Independiente."
Jesus Maria Tafoya, Justice of the Peace.
Pablo Ulibarri, Census Enumerator.
Timoteo Sena, Census Enumerator.
Jose Lino Rivera, Census Enumerator.
H. S. Wooster, Justice of the Peace.
Eugenio Rudolph, Census Enumerator.
Pablo Jaramillo, Census Enumerator.

F. 0. Blood, Postmaster.

Rafael Gallegos, Census Enumerator.

Miss Maggie J. Bucher, Superintendent City Schools.

Felipe Baca 3* Garcia, Justice of the Peace.

Cleofes Romero, Sheriff.
At Santa Fe—

J. Francisco Chaves, Supt. of Public Instruction.

Judge John R. McFie, Judge Supreme Court.

Miss Barbara Perea Yrisarri, Census Enumeratoi.

Jose D. Sena, Court Interpreter.

Facundo Ortiz, Census Enumerator.

Clemen te P. Ortiz, Census Enumerator.

Ambrosio Ortiz, Census Enumerator.

Joseph P. Conklin, Census Enumerator.

James D. Hughes, Publisher.

Francisco Anaya, Justice of the Peace.

A. M. Bergere, District Court Clerk.

Chas. M. Conklin, Justice of the Peace.

Jose Maria Garcia, Justice of the Peace.

Camilo Padilla, Census Enumerator.

Juvencio Quintana, Justice of the Peace.

Leonardo Duran, Justice of the Peace.

Paul A. F. Walter, 'Postmaster.

Pedro Sanchez, Census Enumerator.
At Albuquerque —

Judge Benj. S. Baker, Supreme Court Judge.

Nestor Montoya, Court Interpreter.

G. W. Metzger, Census Enumerator.
Seferino Crollott, Census Enumerator.
Modesto C. Ortiz, Census Enumerator.
Eslavio Vigil, Census Enumerator.

THE BEVERIDGE COMMITTEE. 97

Wm. Borchert, Justice of the Peace.

A. J. Crawford, Police Judge.

Wm. J. Oliver, Indian School.

C. F. Myers, Mayor.

Thos. Hughes, Editor "Citizen."

Wm. B. Childers, U. S. Attorney.

C. M. Foraker, U. S. Marshal.

Abran Abeytia, County Treasurer.

James A. Summers, Probate Clerk.

W. E. Dame, Court Clerk.

Anastacio C. Torres, School Superintendent.

H. G. Baca, Probate Clerk.

A. A. Sedillo, Court Interpreter.

Chas. P. Newhall, Tax Collector.

Prof. WTm. G^eo. Tight, President, University.

Chas. E. Hodgin, Professor, University.

Atanacio Montoya, Teacher.

Hon. B. S. Eodey, Delegate in Congress,

0. N". Marron, Mayor.

Willard S. Hopewell, Cattle, Mines and Eailroad.

M. E. Hickey, School Superintendent.
At Las Cruces —

Judge Frank W. Parker, Supreme Court Judge.

Manuel Lopez, Justice of the Peace.

Jose Gonzales, Editor "Labrador."

Samuel A. Steele, Census Enumerator.

Eugene Van Patten, Census Enumerator.

Isidor Armijo, Probate Clerk.

F. D. Hunt, Editor "Progress."

Marcel Valdez, Editor "Tiempo."

Francis E. Lester, College Kegistrar.

Allen J. Papen, Editor "Kepublican."

Elias E. Day, School Superintendent.

Martin Amador, Farmer.

John J. Vernon, College Professor.

Martin Lohman, Merchant.
At El Paso—

Judge Daniel H. McMillan, District Court Judge.
At Carlsbad-
Francis Tracy, Irrigation Superintendent.

98 THE BEVERIDGE COMMITTEE.

L. 0. Fullen, Editor "Argus."
James 0. Cameron, Attorney.
Wm. C. Keiff, Census Enumerator.
R. W. Tansill, Retired Manufacturer.

The arrival of the members of the committee, without
notice, at the various points where it held sessions; their
method of procedure, which was with closed doors, one
witness being admitted at a time; the fact that they came
provided with lists of the witnesses whom they desired,
and did not hear others, and that they avoided calling
many of the most intelligent and well-informed citizens
who were close at hand; that their investigation was not
as to the resources and industries of the ^Territory, or its
financial condition and ability to bear the expense of State-
hood; and that their inquiries, so far as they became
known, were nearly all as to the use of Spanish in the
courts, in the schools, in the houses and the streets; all
these things aroused a strong feeling against the committee
and its chairman.

The character of the report based on this testimony was
such as to increase the vexation and indignation of the
people. It was believed that an adverse report had been
agreed on long before the committee visited Xew Mexico,
and that the testimony was taken simply to justify such
;i report. It was felt that the worst side of every scene,
and worst construction of every statement of the witnesses,
was that which was presented and emphasized. For a con-
siderable time Senator Beveridge was the most cordially
disliked man in Xew Mexico. The newspapers were filled
with articles censuring his course, and every public speech
was full of denunciation.

Even the rhymesters made him the target of their
humor, as these verses, the first and last of a long "Plea
for Statehood," dated December 8th, 1902, will prove:

"Oh, Bevy, In the name of God,
Withhold, withhold, thy chastening rod.
We implore this on our bended knees,
Give us Statehood, Please do ! please ! !

THE BEVERIDGE COMMITTEE. 99

If you'd lie down to pleasant dreams,
Not disturbed by our eagle's screams,
Then let us into the Union, pray !
At least, dear boy, get out of the way."

There can be no doubt that at that time he was strongly
prejudiced against the Territory and its people, and was
determined that it should not be admitted as a State.

The report was presented in the Senate on December
10th, 1902, and ortered printed, with the accompanying
exhibits and testimony. (Senate Eeport No. 2206, 57th
Congress, 2nd Session; and Document 36).

It was very carefully drawn, with an evident desire to
appear fair, but it approached the subject from a thor-
oughly eastern point of view^ and the following extracts
wdll show that it presented the worst phases of the situa-
tion which the testimony taken made possible.

"The great majority of the New Mexican population
are native New Mexicans, of Spanish and mixed Spanish
•and Indian descent, and of these all speak Spanish in the
affairs of daily life and the majority speak nothing but
Spanish." (p. 5.)

"Courts are conducted through the medium of an in-
terpreter, and it is impossible to conduct the machinery
of justice without this official." (p. 5.)

"Coming to the justices of the peace — practically all of
them speak Spanish and the proceedings of their courts
are conducted in Spanish. The dockets of nearly all jus-
tices of the peace are kept almost exclusively in Spanish."

(p. 6.)

"Until recently (historically speaking) no English was
taught in the public schools. At present both Spanish
and English are taught in the most of the schools." (p. 6.)

"In some schools Spanish is taught exclusively; and his-
tory, arithmetic and geography are translated from Ameri-
can texts into Spanish." (p. 6.)

"In the little country settlements the people are usually
bunched together, their occupation being principally that
of herding sheep or goats, and with little or practically no
communication with the outside world." (p. 7.)

100 THE BEVERIDGE COMMITTEE.

"A portion of the population, even including some jus-
tices of the peace, have little understanding of our insti-
tutions." (p. 7.)

"Of the entire population of Xew Mexico thirty-three
and two-tenths per cent, are illiterate; that is, that portion
can neither read nor write Spanish, English, or any other
language. If the test of illiteracy were confined to the
English language only, the committee is of opinion that
the percentage of illiterates would be much more than
doubled." (p. 7.)

"Even members of grand and pettit juries sometimes
sign their names by their mark, and the testimony shows
an instance where nineteen out of twenty-one jurors signed
by their mark, and another instance of twenty-one out of
twenty-four who signed by their mark." (p. 8.)

"As to educational progress, and especially advance in
the speaking of English, the committee, after having made
every possible allowance, are of the opinion that the very
most that can be said is that Xew Mexico is beginning
to get a fair start, and no more." (p. 8.)

"Aside from the large towns, practically all development
is Mexican. The Mexican population universally live in
adobe or mud houses, just as they did a hundred years
ago. Even in the Capital City of Santa Fe practically all
the residences and most of the schools are in these earth
structures." (p. 9.)

"On the whole, the committee feel that in the courso
of time, when education, now only practically beginning,
shall have accomplished its work; when the mass of the
people, or even a majority of them shall, in the usages and
employment of their daily life, have become identical in
language and customs with the great body of the Ameri-
can people; when the immigration of English speaking
people who have been citizens of other States does its modi-
fying work with the Mexican element; when all these
things have come to pass, the committee hopes and believes
that this mass of people, unlike us in race, language and
social customs, will finally come to form a creditable por-
tion of American citizenship." (p. 9.)

THE BEVERIDGE COMMITTEE. 101

''Many of the people of New Mexico do not want State-
hood. The testimony of Martin Amador, a Mexican farm-
er, proves this. The committee is further convinced that
this opposition to Statehood for New Mexico is by no means
confined to this simple Mexican farmer (Martin Amador)
and the great class for whom he spoke. It is true that no
other rancher., farmer, or merchant appeared before the
committee to the same effect; but the committee has sound
reasons for believing that large numbers of them are earn-
estly against the proposition of New Mexico Statehood."

(p. 29.)

While the statements appearing in these extracts may
not be literally untrue, yet they represent extreme and ex-
ceptional cases which give an entirely false idea of the
average condition of affairs, and are essentially misleading
as representing the Territory and people at large.

The underlying fallacy in the argument of the report
is that it entirely ignores the fundamental right of the
American citizen to self-government, when such govern-
ment is possible ; and, in direct contradiction to facts, it
asserts that there is no real deprivation of self govern-
ment but that it exis'ts practically as in the States.

As the Beveridge report presents this subject in clear-cut
form, in direct antagonism to the view held by the people
of New Mexico, and has been as distinctly answered on
behalf of the* Territory before another Committee of Con-
gress, it may be well to present the two sides of the argu-
ment in a separate chapter, as this is really the crucial
question in controversy between the advocates of Statehood
and its opponents in 'Congress.

102 THE RIGHT TO SELF GOVERNMENT.

CHAPTER XVI.

THE EIGHT TO SELF GOVERNMENT.

It is not proposed to interrupt the course of this narra-
tive of the Struggle for Statehood by a chapter of newly
written arguments; but simply to show by a few extracts
what has been the real essential issue between the advo-
cates of Statehood and its opponents, as presented to Con-
gress.

THE ARGUMENT AGAINST STATEHOOD.

Senator Beveridge, in his celebrated report, in 1902,
formulated the argument against Statehood in the most
logical shape in which it has been stated.

He enumerated the necessary qualifications of a com-
munity for Statehood as follows:

QUALIFICATIONS.

The people must be sufficient in number; they must be
on an equality with the remainder of the people of the
nation in all that constitutes effective citizenship; they
must have devdloped the resources of the laud they occupy
and have further resources susceptible of like development,
to bring their proposed new State up to the average of
the remainder of the Nation. (p. 2.)

RULE AS TO POPULATION.

It would have been well and would now be well if the
rule could be adopted that any new State should have a
population equal to the average population of the remain-
der of the States. This rule would require a population
for any proposed new State, at the present time, of 1,650,-
000." (p. 4.)

OTHER QUALIFICATIONS.

"But not only are numbers of people requisite. The
advancement of that people, their state of life, their famil-
iarity and sympathy with our institutions, their educa-

THE RIGHT TO SELF GOVERNMENT. 103

tional conditions, and all of the elements that go to make
up good citizenship, are to be equally considered. So are
the resources of their Territory and the present develop-
ment of those resources." (p. 5.)

STATEHOOD A R.EWARD.

"Statehood should come as the reward of development,
and not as its inducement. Development and population
should precede Statehood, and not the reverse." (p. 22.)

SELF GOVERNMENT.

'This compels consideration of a much-used argument
that the people of a Territory are deprived of self-govern-
ment, and are entitled as a right to this great privilege.
This argument is refuted by the fact that the people of the
Territories enjoy practically all of the substance of self
government that the people of the States enjoy, save only
the power of creating unlimited debt. In other respects
the people are self-governing; they have their own legisla-
ture which they themselves elect. This legislature passes
all, or practically all, laws which a State legislature may
pass. Their taxes are fixed and levied by themselves.
Their schools are established and maintained by them-
selves. Their crimes and rights are determined, punished
and enforced by themselves. Their governors are appoint-
ed by the President of the United States, but under the
practice now established this governor is always one of
themselves; and no administration would, at this day in
the Republic's history, keep in office a governor seriously
distasteful to a majority of the people." (p. 22.)

THE ANSWERING ARGUMENT FOR SELF GOV-
ERNMENT.

(This is taken from the printed proceedings of the H.
R. Committee on Territories Jan. 29, 1908.)

On January 29, 1908, before the House Committee on
Territories, Hon. E. L. Hamilton, chairman, Gov. Prince
of New Mexico, presented the following resolutions of the
Trans-Mississippi Congress, passed November 21, 1907.

"Whereas, self-government is the foundation of repub-

104 THE RIGHT TO SELF GOVERNMENT.

lican institutions and the dearest right of every American
citizen, and no American community should be deprived
of this right except under circumstances which make its
exercise impossible, and such deprivation should cease the
moment those circumstances come to an end ;

"And whereas the people of New Mexico have been kept
under a military or Territorial government for over sixty
3rears, although for a long period they have possessed every
requisite for successful statehood, including population,
taxable valuation, resources, and personal character:
Therefore

"Kesolved, That this long-continued injustice to our
fellow-citizens of New Mexico should cease at the earliest
moment, and they should receive their proper right to self-
government by the admission of New Mexico as a state."

And said : Our persistency in coming here, year after
year, asking for the admission of New Mexico as a State,
may almost seem to require an apology, but we come in
the spirit of these resolutions which declare that this mat-
ter of self-government is the fundamental point in Ee-
publican institutions, and is the dearest right of an
American citizen; and because we feel that a failure to
show that persistence in so vital a matter, would be little
less than a crime against our American birthright,

It has seemed to us sometimes that most of the commit-
tees of Congress do not fully appreciate what the depriva-
tion of the rights of self-government 13, to an American
citizen ; and perhaps this is not entirely unnatural, because,
in looking over the membership of this committee, I see
that there is only one man on the committee who has ever
Jived in a territory (Mr. Davenport of Oklahoma.)

The next youngest State which has a member on this
committee ended its territorial existence just seventy years
ago ; a period as great as the span of a lifetime and double
the length of a generation; so that the principal member-
ship of this committee is composed of those who have
never experienced what it is in America to be without self-
government, because they have never lived where it did not
exist.

THE RIGHT TO SELF GOVERNMENT. 105

We are all surrounded by a great number of things the
value of which we fail to recognize because we have never
been deprived of them. We do not realize the value of the
surrounding atmosphere until we are suddenly deprived
of air, and find ourselves being smothered to death.

If any of you gentlemen,, who have lived in an atmos-
phere of self-government all your days, so that it seems
almost like a part of nature itself, should find yourselves
suddenly deprived of it entirely, you would probably bet-
ter appreciate its value, and would have some idea of that
of which your fellow-citizens in the territories are deprived.
If the officials of your states were appointed by some power
in whose selection you had no voice whatever, you would
quickly recognize the change in your situation and your
comparatively helpless condition. If, in addition to this,
that appointing power was located thousands of miles away
so that it could by no possibility have a knowledge of local
conditions, and the true character of local men, the situa-
tion would be far more intolerable.

The system of provincial government, under which local
officials are appointed by a central supreme power, far
from the localities affected, has always been bad from the
days of Babylon anl Assyria down to the Turkish and Per-
sian empires of our own times. It can not be otherwise,
for its fundamental principle is wrong. No matter how
well-meaning the appointing power may be, the result is
largely the same.

Of course, good men may occasionally be appointed un-
der that system as they are under any other, but the sys-
tem itself is essentially vicious, for it is impossible for the
appointing power to have personal knowledge of require-
ments and. character, and the most unworthy or corrupt
officials are those who can afford to expend the most, both
in time and money, to prevent its enlightenment, or any
reform in administration. While it would seem as if, in
America, the redress of such evils ought to be easy, exper-
ience has too often shown, not only that the officials thus
appointed by some accident of favoritism, are entirely re-
gardless of the people, because they are not responsible to

106 THE RIGHT TO SELF GOVERNMENT.

them, but also,, that the worse the official, the more inge-
nuity he develops in intrenching himself in power.

Again, this system is practically the destruction of an
enlightened and vigilant public sentiment. We are a prac-
tical people here in America, and as a rule we do not cul-
tivate anything unless it has practical value, and when
public sentiment cannot be effectively exercised in a prac-
tical way, it does not nourish. In no community that is
not self-governed can you find a healthy, vigorous and ac-
tive public sentiment either in the Press or among the
people, because it is without power either to effect appoint
ments or removals, or to reform the administration of the
government. Thus the whole fiber of good citizenship is
weakened.

What we insist upon is that this right to self-government
ib so fundamental in our institutions that no citizen should
be deprived of it except under such peculiar circumstances
as render its -exercise impossible or dangerous. When a
population is so sparse that it is not able to support a local
government or that elections are impracticable, one of these
exceptional cases occurs, and such a population has to be
ruled in some other way and is deprived temporarily of its
right to self-government; but the moment the peculiar
conditions are removed the disability should vanish with
them and the citizen should regain his inherent right.

A territorial condition is an exceptional one, only intend-
ed as a temporary expedient, and is in derogation of the
civil rights of all the citizens affected thereby ; and, as the
normal condition of an American citizen is one of self-
government, the burden of proof is upon those who desire
to continue the abnormal form, and not upon those who
insist on the organization of a state.

JOINT STATEHOOD MOVEMENT. 107

CHAPTEE XVII.

JOINT STATEHOOD MOVEMENT OF 1906.

That the idea of Joint- Statehood for New Mexico and
Arizona was distasteful in both territories, there is no
doubt. There was good reason for this. It was not caused
by any ill feeling in either of the Territories toward the
other, but because there was an entire lack of cohesion and
community of interest. They were more disconnected, so
far as personal acquaintance and business or social rela-
tions go, than most States far more distant from each other.
Nature itself had separated them by placing the great
Continental Divide as- a practical barrier between them.
The rivers of New Mexico flow eastward or southward to
the Gulf of Mexico and the Atlantic ; those of Arizona flow
westward to the Gulf of California and the Pacific. The
trade and business relations of Arizona are with Califor-
nia and the Pacific coast, those of New Mexico are with
Kansas City, St. Louis, Chicago, an^ New York. As a
rule no New Mexican visits Arizona except en route to
California: and no citizen of Arizona visits New Mexico
except en route to the east; and those visits are simply
en passant. The number of residents of either Territory
who have ever passed a night in the other, except in a rail-
road car, is remarkably small. In short, there is less con-
nection between the two than there is between either one
of them and New York or California.

It seemed impossible for the eastern mind to grasp this
elemental fact. The average eastern Congressman, know-
ing that each Territory was anxious for Statehood, and
really unfavorable to an increase of western States, looked
at the map, saw two squares contiguous to each other, and
instantly found a satisfactory solution of the difficulty
by saying: "Why not join them together and make one
oblong of them?" The opponents of western influence saw
in this an easy method to reduce the danger of too many
Senators; and to the ignorant and unthinking it seemetf
a simple and natural arrangement; and so the "joint State-

108 JOINT STATEHOOD MOVEMENT.

Lood Bill" was passed. How President Eoosevelt could
have been induced to favor it, with his general knowledge
oi' western conditions, is one of those mysterious things
past ordinary comprehension ; but he certainly did give
the project the entire weight of his great influence.

The feeling on the part of Arizona was plainly expressed.
Gov. Joseph H. Kibbey in his report to the Secretary of
the Interior, of 1905, devoted almost his entire attention
to an argument, and an able one, against jointure, from
the Arizona standpoint. He summed up the matter in this
brief sentence: "The proposed union is regarded by our
people as a menace to the property and progress of the Ter-
ritory."

At the hearings before the Committee on Territories of
the House of Representatives in January, 1906, the repre-
sentatives of Arizona expressed their opposition to this
union — we might almost say, their detestation of it — in
words more forcible than complimentary. It would be dif-
ficult to use language more distinct. The chairman of their
delegation, Mr. Dwight B. Heard, said: "We are opposed
to Joint Statehood. We want to be let alone. A vast
majority of the people of Arizona, regardless of politics
or business, are utterly opposed to Joint Statehood."

Mr. E. E. Morrison said : "We object to this amalgama-
tion, and object to being dominated by people whom we do
not think should be mixed up with us at all."

They presented a petition against jointure which they
stated had been signed by thirty-one hundred people within
thirty minutes, at their Territorial Fair; and they added
that only two per cent, of those to whom it was then pre-
sented declined to sign.

Mr. W. S. Sturges said : "I know the Arizona cattle men ;
every one, owner and cow boy, is against Joint Statehood
to a finish. As one man expressed it, *We would rather see
it a Territory to all eternity than joined to New Mexico.' ''

Gten. A. J. Sampson .used these words : "It would be un-
wise, unjust and un-American to force us into the pro-
posed Statehood." "In the name of all that is just and

JOINT STATEHOOD MOVEMENT. 109

right do not try to force us into this unnatural,, inharmon-
ious, unholy and un-American wedlock."

More than a dozen members of that delegation addressed
the committee and each in turn said that while they wished
for Statehood, yet they infinitely preferred remaining as
a Territory to being linked with New Mexico.

While no such violent language was used in New Mexico,
yet the general sentiment of the people of the Territory
was thoroughly opposed to jointure.

What made the plan even more unpalatable to New
Mexicans was the proposition to call the new State "Ari-
zona." This showed as great an ignorance of history as
the proposed union did of geography.

For Arizona at best only represented what had been a
single county of New Mexico, and to impose the name of
the daughter on the parent domain, was, at least, a humili-
ation. Besides, the name Arizona had no settled meaning
and no historic interest. It seems, according to the best
authorities, to have been the Pima name of the locality of
a mine in northern Sonora, with no known significance and
very various spelling; and was used as a name of a new
county established by the New Mexico legislature in 1860
to include the Gadsden Purchase and adjoining territory.
To abandon the historic name of New Mexico was always
obnoxious to the New ^Mexican people, for reasons stated
ir another chapter.

But the Joint Statehood Bill having been passed and
signed, the practical question was, what to do about it.
The national administration in Washington was fully com-
mitted to this plan of admission. The Territories were
practically threatened by the dominant powers at the na-
tional Capitol that if this plan for admission was rejected
by the people, it would be long before any new opportunity
for Statehood could be obtained. In the minds of most
New Mexicans it was a choice between two evils, and the
intense desire to escape from the demoralizing conditions
almost inseparable from the provincial system, and to
enjoy the American right of self-government, prevailed
with a great number of citizens.

110 JOINT STATEHOOD MOVEMENT.

Mr. Eodey stated his own change of opinion and the
reasons therefor very plainh' before the House Committee
on January 20th, 1906. He said : "It is either Joint State-
hood now or else it is a Territorial condition for twenty
years to come." "It is my firm and absolute belief that
Xew Mexico and Arizona will never come into the Union
except as a Joint State, and we might as well come to it
now as at any other time." "Three years ago I was shocked
at the idea of jointure. But we have found that separate
Statehood in modern times is impossible."

The two political organizations in Xew Mexico, usually
too antagonistic to work harmoniously in any cause,
through their territorial committees united in an appeal
to the people to vote "aye" at the election, for Joint Stater
hood. In their joint circular they said : "President Roose-
velt lias frankly told us that if we reject this offer we must
expect years to pass before we have another. He has
a?ked us to accept it. We believe this is true." "If the
people of Arizona see fit to reject it, however much we may
regret it, that is no reason why Xew Mexico should do so.
A decided vote for it by Xew Mexico will undoubtedly
hasten the day when we will get Statehood, either joint or
single.'' Then follows a full statement as to the donations
of public lands, their aid to the public schools, etc., and the
circular signed by the ten members of the joint committee,
concluded with these stirring words: "And we appeal to
every citizen in Xew Mexico to aid by his vote in securing
this splendid provision for the education of the children
of the State, representation in Congress and full rights
of American citizens for all our people."

It is probable that the almost universal belief that Ari-
zona would vote against jointure, and that consequently
Xew Mexico could show her desire for Statehood without
danger, and place herself in a favorable position for future
action in Washington, had influence with some. At all
events, the majority in favor of admission under the Joint
Statehood Act, at the election of 1906, in Xew Mexico, was
a very substantial one, the vote being nearly two to one
in the Territory and as high as ten to one in certain coun-
ties. It was officially announced as follows :

JOINT STATEHOOD MOVEMENT. Ill

CANVASS OF VOTE BY COUNTIES ON JOINT

STATEHOOD QUESTION.

County. Yes. No.

Bernalillo 2623 1087

Chaves . . . ' 1279 308

Colfax 2177 793

Dona Ana 1512 290

Eddy 871 278

Grant 980 696

Guadalupe 611 608

Lincoln 519 500

Luna 207 170

McKinley ; 259 89

Mora 1606 394

Qtero 795 351

Quay 572 267

Eio Arriba 676 2038

Roosevelt 1020 91

Sancloval 518 438

San Juan 763 122

San Miguel 2503 1688

Santa Fe 697 1447

Sierra 307 418

Socorro 2040 455

Taos 822 1070

Torrance 551 275

Union ; 705 731

Valencia . . 1582 122

26195 14735
Majority for Joint Statehood 11,460

The following were the delegates elected in New Mexico
to the Constitutional Convention :

Bernalillo County — Federico Chaves, F. W. Clancy, T.
H. Duran, G. S. Klock, E. S. Stover.

Chaves County — J. W. Poe, G. A. Richardson.

Colfax County — M. M. Dawson, P. G. Santistevan,
Charles Springer, Jerome Troy.

112 JOINT STATEHOOD MOVEMENT.

Dona Ana County — L. F. Elliot, Jose Gonzales, R, E.
McBride.

Eddy County— E. P. Bujac.

Grant County— J. L. Burnside, T. W. Carter, R. P.
Thompson.

Guadalupe County — Celso Baca, F. B. Morse.

Lincoln County — J. Y. Hewitt, G. W. Prichard.

Luna County— J. N". Upton.

McKinley County — Edward Hart.

Mora County — C. Fernandez, Frank A. Roy, Bias San-
chez, G. P. Sanchez.

Otero County — J. M. Helm, J. L. Lawson.

Quay County — C. C. Davidson.

Rio Arriba County— T. D. Burns, J. M. C. Chaves, E.
A. Jaques, L. B. Prince, M. S. Salazar.

Roosevelt County — George L. Reese.

Sandoval County — Manuel Armijo, Paulin Montoya.

San Juan County — Jay Turley.

San Miguel County — Roman Gallegos, Jefferson Ray-
nolds, Margarito Romero, W. R. Tipton, R. E. Twitehell,
Enrique Sena, Isidro V. Gallegos.

Santa Fe County— J. W. Akers, T. B. Catron, David
M. White, J. A. Wood.

Sierra County— H. A. Wolford.

Socorro County — H. 0. Bursum, M. Cooney, Porfirio
Sanchez, A. A. Sedillo.

Taos County — Jose I. Garcia, Epimenio D. Leon, A. C.
Pacheco.

Torrance County — F. A. Zamora.

Union County — 0. P. Easterwood, E. Sandoval, M. B.
Sisneros.

Valencia County — Higinio Chaves, Manuel P. y Chaves,
Boleslo Romero.

Arizona voted "No" on the Joint Statehood proposition,
by an overwhelming vote, as had been expected; and that
negative vote ended all further proceedings under .the Joint
Statehood Act.

PROPOSED CONVENTION OF 1907. 118

CHAPTER XVIII.

PEOPOSED CONVENTION OF 1907.

With careful foresight preliminary measures had been
taken in advance of the election, to take advantage of ex-
actly the situation which actually did occur, by arranging
that in case Arizona declined the proffered partnership,
but New Mexico voted for Statehood, the New Mexican
delegates should meet and formulate a constitution for that
State alone, and present it in Washington with a request
for admission under it.

The advantages of this course were obvious to everyone
informed as to the history of the admission of Territories.
Much of the opposition in Congress to the passage of the
Enabling Act was founded, either really or as a pretext,
on doubts as to the character of Constitution that the
Territory would adopt, and this objection would be entirely
avoided by presenting the Constitution in advance. The
only practical objection to holding such a convention was
the fact that, as it was a voluntary meeting not contem-
plated by the Act of Congress, there would be no salary
attached to the service, and the work would be a patriotic
labor of love. It was thought, however, that for such
an important service, and with the goal of immediate State-
hood in view, nearly if not quite all of the delegates elected
would be willing to attend.

Looking forward to the desirability of such action, the
Republican Territorial Convention held just previous to
the election, in Las Vegas, unanimously adopted the fol-
lowing resolution, offered by Hon. L. B. Prince:

"Resolved, That in case the Hamilton Statehood Bill
fails to become operative through the adverse vote of the
people either of Arizona or New Mexico, we recommend
and urge that the 66 delegates elected in New Mexico to
the constitutional convention, should assemble in the Capi-
tol on January 7, 1907, and formulate a constitution for
the State of New Mexico; and we further urge that the
territorial legislature enact a law submitting said consititu-

114 PROPOSED CONVENTION OF 1907.

tion to the vote of the people, and if approved by them,
providing for its presentation to Congress, with a request
for the admission of Xew Mexico into the Union as a State
thereunder."

Precisely the circumstances contemplated by the reso-
lution having arisen, a considerable number of the dele-
gates, representing all sections of the Territory, met at the
Capitol in Santa Fe on January 7th, 1907, and organized
by the election of L. B. Prince of Eio Arriba County, as
president, and David M. White of Santa Fe, as secretary.
Letters were received from a large number of absent dele-
gates stating that they would attend as soon an active busi-
ness was commenced. Letters were also read from a num-
ber of leading II. S. Senators expressing great interest in
the work of the convention and urging the early formation
and presentation of a constitution. The Governors of Colo-
rado, Oregon,' Wisconsin, Xorth Dakota and other States
sent copies of their constitutions and other documents, with
their good wishes. A telegraphic dispatch was received
from the President of the Constitutional Convention of
Oklahoma, then in session, conveying the greetings of that
body, and this was followed up by the resolutions in full,
sent by mail and received shortly thereafter as follows:

WHEEEAS, the people of Oklahoma earnestly sympa-
thize with the desire of the people of Xew Mexico for in-
dependent statehood,

Therefore, be it resolved, We congratulate the delegates
elected by the people of Xew Mexico upon their determina-
tion to draft a constitution for the State of Xew Mexico,
and hereby tender them our cordial sympathy.

We believe that Xew Mexico is entitled to Statehood as
of right ; that the denial of Statehood to the people of Xew
Mexico is a serious wrong.

We believe that the denial of Statehood to Xew Mexico
would be an injury, not only to the great West, but to the
Union itself.

That the president telegraph the greetings of this con-
vention to the Xew Mexico Constitutional Convention.
JXO. M. YOUXG, WILLIAM H. MURRAY/

Secretary. President.

PROPOSED CONVENTION OF 1907. 115

After a full discussion of the situation,, it was resolved
to adjourn to February 5th, when the legislature would be
in session; and the following resolutions were adopted:

RESOLUTION.

WHEREAS, the delegates elected by the people of New
Mexico to the proposed joint constitutional convention of
New Mexico and Arizona did on January 7th, 1907, con-
vene and assemble at Santa Fe, New Mexico, for the pur-
pose of drafting an independent constitution for the peo-
ple of New Mexico, with a view to its submission to Con-
gress with a demand for immediate admission of New
Mexico, as a State of the Union.

Whereas, The people of New. Mexico have demonstrated
their desire for Statehood in the most emphatic manner
at the recent election, by giving a vote of 26,195 against
14,735, in favor thereof, under very adverse conditions;
and the total vote of over 43,000 cast at that election,
proves that the present population of the territory is more
than ample for separate New Mexico statehood.

Resolved, That we are willing and ready to perform our
part in the preparation of a constitution for New Mexico
at such time as shall appear most proper and convenient.

Resolved, by this meeting of delegates duly elected from
New Mexico to the Constitutional Convention provided
for in the Act of Congress commonly called the Hamilton
Bill, that in our opinion the admission of New Mexico as
a State can be greatly facilitated and hastened by the
adoption of a proper constitution and its presentation to
Congress with a request for admission thereunder.

Resolved, That a committee, representing all sections,
be appointed to confer with the territorial legislature soon
to convene, as to the best time and method of holding the
session for the formulation of such constitution, and to
take such measures as appear best for the promotion of the
object.

At the February meeting, a large number of delegates
who could not attend in January, were present. All rec-
ognized the importance of framing a constitution as soon

116 PROPOSED CONVENTION OF 1907.

as practicable, in order to secure early Congressional ac-
tion, but there was considerable discussion as to the desir-
ability of asking the legislature to make an appropriation
for the necessary expenses of the convention. Many dele-
gates were willing to serve without salary, but recognized
the injustice of asking those not pecuniarly able, to pay
their expenses in 'addition to devoting their time to the
cause. Mr. Klock wished to pay his own expenses, but Mr.
Davidson of Quay County suggested the injustice of that
course to delegates having long distances to travel. Mr.
Eeese of Roosevelt, by letters, agreed with this latter view.
Gov. Stover thought that it was only fair to pay necessary
expenses and this appeared to be the general opinion. Mr.
Catron moved that a committee of seven be appointed to
prepare a bill for the legislature, looking to a meeting of
the convention in August, and to confer with members of
that body relative to its provisions and passage. This
committee consisted of Messrs. Catron, Stover, Bursum,
Boleslo Romero, G. P. Sanchez, Jose Gonzales and D. M.
White.

For reasons difficult to understand, no further action
was taken. The legislature was a very busy one and large-
ly occupied by political contentions, and gave the subject
scant attention. While the "Xew Mexican," the Albuquer-
que "Citizen," and many local papers earnestly supported
the plan of forming a constitution, the Las Yeags "Optic"
and some other journals which apparently thought an en-
abling act was necessary and did not remember that more
than half the Territories had been admitted on their own
application without prior action of Congress, opposed the
meeting of the convention. After the legislature had failed
to act, the Governor was asked to name a time for the
assembling of the delegates, in order to give the convention
his official sanction, but this also failed.

Thus again the opportunity for almost immediate admis-
sion was lost. Every one has since realized that if the
delegates had gone on with their work and prepared a
constitution, and the matter could thus have been pre-
sented to Congress in the succeeding winter, free from

PROPOSED CONVENTION OF 1907. 117

uncertainty as to the character of the government which
would be established, N~ew Mexico would have become a
State in 1908, and in time to vote at the presidential elec-
tion of that year. What is almost equally important is,
that the constitution would have been framed quietly and
deliberately, without clamor, coercion or excitement, and
would almost certainly have been a model instrument, em-
bodying the best systems founded on modern experience,
without the theories which still lack the sanction of prac-
tical operation under various conditions.

Before leaving this subject, it is simply just to name
the delegates ^ho attended the meetings and showed active
interest in the work, together with those who were per-
haps equally zealous in the good cause, and promised to at-
tend whenever needed, but did not think it necessary to
be present until the real work should be commenced.

Beside President Prince of Eio Arriba County and Sec-
retary White of Santa Fe, they were as follows — taken in
their order by counties :

E.-S. Stover, M. S. Salazar,

F. W. Clancy, G. L. Reese,

G. S. Klock, Jay Turley,

Jose Gonzales, Margarito Romero,

Celso Baca, Jefferson Raynolds,

F. D. Morse, W. R. Tipton,

G. W. Prichard, T. B. Catron,
Edward Hart, J. W. Akers,
C. Fernandez, H. 0. Bursum,
G. P. Sanchez, J. I. Garcia,

C. C. Davidson, E. D. Leon,

J. M. C. Chavez, A. C. Pacheco,

E. A. Jaquez, Boleslo Romero,

Mr. Romero, of Valencia, also assured the convention
that his two colleagues from that county, would certainly
attend when wanted.

I
118 CONGRESSIONAL ACTION 1901 TO 1910.

CHAPTER XIX.

CONGRESSIONAL ACTION, 1901 TO 1910.

Hon. Bernard S. Rodey was delegate from New Mexico
in both the 57th and 58th Congresses, which extended
from 1901 to 1905.

To say that he was devoted to the cause of Statehood
is to state the case mildly. He was enthusiastically de-
voted to it. He set before himself as the one great object
to be attained during his Concessional service, the passage
of an Enabling Act for New Mexico. Everything else was
subordinated to it, in order that this particular matter
could have undivided attention.

In Washington and New Mexico, in hotels and on rail-
road trains, in public speech and in conversation, in sea-
son and out of season, this was his one great theme; and
nothing could weary him so long as there was an argument
to answer or an auditor to convince.

At the very outset of his Congressional work, at the
opening of the 57th Congress, he endeavored to arrange
with the Speaker so that the New Mexico Statehood bill
should be the first introduced in that session, and actually
succeeded in having it recorded as House Bill No. 2. The
bill, as usual, went to the Committee on Territories.

Unfortunately there was great activity relative to the
territories at this session. While but three of the regular-
ly organized territories still existed, each was making heroic
efforts to be admitted to the Union and each was selfishly
anxious to be the first to receive consideration. Among
the Statehood bills then in the Committee on Territories
were No., 2, the New Mexico bill just named ; No. 152, an
Enabling Act for Oklahoma; No. 2015, a similar bill for
Arizona; No. 4570, authorizing single Statehood for Okla-
homa and Indian Territory; No. 9675, providing for the
union of Oklahoma and Indian Territory; No. 11992, an-
other bill for Arizona singly; No. 11995, a similar bill for
New Mexico ; and No. 12543, "to enable the people of Ok-
lasoma, Arizona and New Mexico to form constitutions

CONGRESSIONAL ACTION 1901 TO 1910. 119

and state governments, and be admitted into the Union
on an equal footing with the original states."

On April 1, 1902, the committee,, through Mr. Knox, re-
ported in favor of the latter measure, thus uniting all the
territories in one omnibus bill. (Report No. 1309). In
this shape it passed the House on May 9th and was re-
ceived by the Senate on May 12th.

It was at this stage of the long struggle, that Senator
Quay of Pennsylvania became such an ardent champion
of New Mexico, that the grateful people through their
legislature named one of their counties for him.

From this time as long as he remained in the Senate
he was always not only the consistent friend but the out-
spoken advocate of the Sunshine Territory, and gave its
cause in the Senate a power that it never before had pos-
sessed. In the very beginning of the second session of
this Congress — December, 1902 — came the first clash be-
tween Senator Quay and Senator Beveridge on the subject
of this bill; Senator Beveridge wishing a postponement
and Senator Quay urging immediate action. "If we are
to have a fight," said the latter, "we may as well have it
this afternoon."

The plan of the opponents of New Mexico at this time
was to drop New Mexico and Arizona from the bill and
pass it for Oklahoma alone.

On December 15th, 1902, Senator Bate presented a min-
ority report signed by himself and Senators Heitfeld,
Bailey and Patterson (Report No. 2206) favoring the
passage of the House bill as it stood and ably arguing the
cause of New Mexico and opposing its exclusion from the
bill. This report quoted at considerable length from a
recent speech of Senator Quay.

The discussion continued to the end of the session on
March 4th, all attempts to secure a final vote having
failed. On February 19th, Senator Elkins made an ex-
cellent speech in favor of New Mexico and its people. He
spoke from his own experience in the Territory not only
of the prevalent conditions and the character of the peo-
ple, but bore testimony as to the wretched system of Ter-

120 CONGRESSIONAL ACTION 1901 TO 1910.

ritorial government. "Xo man who has not lived in a
Territory can understand how dwarfing are the conditions
that obtain. I lived in Xew Mexico ten years and I know
how intolerable are the burdens of a Territorial govern-
ment. A Territory is simply a temporary arrangement, a
probation period/'7

The end of the session of course destroyed the hopes of
immediate Statehood and left the work to be begun again
in the next Congress; and so far as Xew Mexico was con-
cerned, the history of the 58th Congress was very similar
to that of the 57th. Mr. Eodey was equally zealous as in
the preceding Congress; but even his enthusiasm could
not produce the desired effect; and the sessions were bar-
ren of result.

The question of forming one State by uniting Xew
Mexico and Arizona, became prominent at this time, the
bill which elicited most debate being H. R. 14749, which
was an enabling act for Oklahoma and the Indian Terri-
tory as one State, and for Xew Mexico and Arizona as one
State. On this, Senator Beveridge made a notable speech,
entitled "Arizona the Great/7 in closing the discussion
on February 6, 1905, in which he pictures the glory of the
combined State in these eloquent words : "Xot Arizona the
little, but Arizona the great; not Arizona the provincial,
but Arizona the national; not Arizona the creature of a
politician7s device, but Arizona the child of the Xation7s
wisdom.77

In 1905, Hon. W. H. Andrews became delegate from
Xew Mexico, and took up the work of the Struggle where
it had been left by his predecessor. Mr. Andrews was no
less anxious for Statehood than Mr. Rodey; but his meth-
od of operation was entirely different. He Avas never
known to make a regular "speech,77 except of the shortest
description; but as a quiet and convincing conversation-
alist he had few equals. From long experience in legisla-
tive bodies he had learned that quiet, individual work is
the most effective, and he employed this method assidu-
ously. His close connection with Senators Quay and Pen-
rose and the Pennsylvania delegation gave him an influ-

CONGRESSIONAL ACTION 1901 TO 1910. 121

ence that was very valuable, and which was constantly
used to advance the cause of New Mexican statehood.

On December 13th, 1905, Mr. Andrews introduced H.
E. 7042, an Enabling Act with the usual title, which took
the customary course of reference to the Committee on
Territories. Soon afterwards, on January 20, 1906, Mr.
Hamilton, chairman of the committee, presented a bill
quite similar to the one discussed during the preceding
session, to enable Oklahoma and the Indian Territory to
become one State, and New Mexico and Arizona another;
and this passed the House almost immediately, on Janu-
ary 25th. At the opening of the second session of this
Congress (the 59th) Senator Teller introduced a bill for
separate Statehood for New Mexico (Senate 7079) ; the
jointure project having been rejected by the vote of Ari-
zona in November; and as there was no chance for action
at that time, he re- introduced the same bill at the begin-
ning of the next Congress on December 4, 1907^ (Senate
515, 60th Congress).

Two days before, on December 2nd, the first day of the
session, Delegate Andrews introduced a single Statehood
bill for New Mexico, in the usual form (House Bill No.
4). At his request Senator Penrose presented the same
bill in the Senate on December 9th (Senate 1484). It
was on this House bill that the hearing was held on Janu-
ary 29, 1908, referred to elsewhere. Practically the same
bill was re-introduced at the beginning of the short ses-
sion of that Congress, December 8th, 1908; as that was
the time when action had been promised a year before by
certain officials in Washington; but as usual that promise
turned out to be only a subterfuge for delay.

On February 3rd/1909, Hon. E. L. Hamilton, of Michi-
gan, chairman of the House Committee, who deserves a
warm spot in the heart of every New Mexican on account
of his constant friendliness to the Territory, introduced
House Bill No. 27607 of the 60th Congress, being an en-
abling act for New Mexico and one for Arizona, combined
in one bill, but entirely separate in their operations. This
was the conclusion of the House Committee on the subject

122 CONGRESSIONAL ACTION 1901 TO 1910.

of Statehood for the Territories, after various hearings and
full consideration during the greater part of two sessions
of Congress; and was as satisfactory to New Mexico as
could be expected. Of course it could not be passed in
the few remaining weeks of that Congress, but it presented
a good foundation for work and success in the succeeding
year.

When the 61st Congress met, in December, 1909, Mr.
Andrews again represented New Mexico, having been re-
elected mainly on the Statehood issue. He pursued the
course of wisdom by co-operating with the House Commit-
tee on Territories, with the result that on January 17,
1910, the so-called Hamilton Bill— H. R. 18166— was
passed by the House of Representatives without opposition.
It was received in the Senate the next day and referred to
the Committee on Territories.

It was well known that Senator Beveridge had in mind
a number of provisions varying from those in the Hamil-
ton Bill, and his ideas took official shape in a bill intro-
duced in the Senate on January 31, by Senator Dilling-
ham "for Mr. Beveridge" who was absent from Washing-
ton. This bill, known as Senate 5916, had exactly the same
title as that of the Hamilton Bill, and was immediately
referred to the same committee.

Thanks to strong influences outside of Congress, pre-
eminent among which was that of President Taft, who in-
sisted that the pledge contained in the Republican Nation-
al Platform should be fulfilled by the admission of the
Territories, there was now little outspoken opposition to
Statehood for either New Mexico or Arizona; and the
Senate Committee, having both bills before it, was in a
position to settle all details. Various hearings were held,
including that of February 18th, referred to in another
Chapter, and the committee gave careful attention to the
subject until March 14th, when Mr. Beveridge made a re-
port, using the Hamilton Bill (H. B. 18166) as its basis,
but striking out all of that bill and substituting the Bev-
eridge bill with a few slight amendments.

This report put the bill on the calendar as No. 388,

CONGRESSIONAL ACTION 1901 TO 1910. 123

and brought the matter squarely before the Senate. Good
faith and good temper characterized the final disposition
of this great subject.

124 FINAL SUCCESS.

CHAPTEK XX.

FINAL SUCCESS.

For three months the Statehood Bill remained on the
calendar of the Senate, and until June 15th there was al-
ways a doubt as to the final result. As time passed Con-
gress became restless at the length of the session, and the
members expressed great anxiety for an adjournment not
later than Saturday, June 18th. Several times the con-
sideration of the Statehood Bill had been postponed in
order to allow other measures of national importance to be
taken up, and the last of these was what was known as
the Conservation Bill. While the action of the Committee
on Territories appeared to be in good faith, yet there were
still many who were suspicious of its real desire for the
passage of the bill.

At length, on June loth, at half past five in the after-
noon, the Conservation Bill Avas passed; the Statehood
Bill was immediately announced, and as the hour was
late, by general agreement it was made "unfinished busi-
ness/' which would bring it up at two p. m. on every day
until finally disposed of; and the Senate then adjourned.

On the succeeding day at exactly two o'clock Vice-
President Sherman laid the Statehood (Bill before the Sen-
ate as the subject then in order. Senator Beveridge as
chairman of the Committee on Territories, explained the
proposed amendments embodied in the Senate Bill. The
most important was that which required the Statehood
elections in Arizona to be held under the territorial law
as it existed before the disfranchising statute of the last
legislature ; others related to the donations of public lands,
to the payment of territorial and local debts, etc.

He was followed by Senators Frazier, kelson, Hughes
and Smoot. All were in favor of Statehood, but the dem-
ocratic Senators preferred the Hamilton or House Bill.
Senator Frazier, speaking for the democrats on the com-
mittee, opposed the Senate substitute because it sought to
fix the qualifications of voters in Arizona. Senator Hughes

FINAL SUCCESS. 125

also advocated the House (Bill because it did not place so
many restrictions on the new States as were contained in
the Senate Bill. Senator Smoot insisted on immediate ad-
mission and said that even if both new States were to be
democratic he would favor their admission as a right.

The only division was as to preference for the Senate or
the House Bill. The vote on this question was by strict
party lines, the republicans voting for the Senate Bill and
the democrats for the House Bill, the result being 42 to
19 in favor of the former. On the final vote on the passage
of the bill, the vote was unanimous !

While this result was extremely gratifying, there was
still much apprehension felt as to the result in case the
House declined to concur in the Senate amendments and
insisted on a conference. The latter was the usual course
of procedure, and it was freely asserted that the two
Houses would never agree. In fact, it was intimated that
the action of the Senate would not have been so harmon-
ious but for the general belief that the House would non-
concur.

Here again the President did good service to New Mex-
ico. He held conferences with several influential mem-
bers of the House, including Chairman Hamilton, and
iirged that the Senate amendments should be concurred
in without conference. His influence was very effective,
and many who preferred the House Bill agreed to sink
their personal desires in order to avoid any risk as to the
final passage of the bill. The President was also anxious
to have early action in order that the bill might be signed
before his contemplated journey to the Yale Commence-
ment on Monday, the 20th. Another factor that contrib-
uted to this action was the desire for an early adjourn-
ment of Congress, and the certainty that a conference, fol-
lowed by a disagreement, would bring about a long debate-
that would greatly retard the close of the session.

Mr. Andrews, upon whose judgment many relied, con-
cluded that now that success was actually within its grasp,
it was better for the Territory to accept the Senate amend-
ments and end the matter forever, than to run any risk

126 FINAL SUCCESS.

of failure through a disagreement of the Houses. Govern-
or Mills, who was in Washington at the time, concurred
in this view and telegraphed on the 17th that the House
would probably accept the action of -the Senate. On that
day the bill still lay on the table of the Speaker, not yet
announced.

Shortly after two o'clock, on the afternoon of Saturday,
June 18th, Speaker Cannon laid the bill as amended in
the Senate before the House. There was a moment of sup-
pressed excitement, and then Mr. Lloyd of Missouri, the
senior democratic member of the committee, rose and said
that while he was not entirely satisfied with the Senate
Bill, yet in order to insure immediate Statehood for the
Territories he would not oppose it. Instantly, Mr. Ham-
ilton, the committee chairman, moved to concur in the
Senate amendments. Shouts of "vote, vote," arose from
all sides of the House. The question was put, viva voce,
there being no demand for a roll call, and the House con-
curred by a unanimous vote !

The deed was done ! The long conflict of sixty years was
over ! Members crowded around Delegate Andrews to offer
congratulations. All knew that the passage of this bill
had been the object of his labors for years and that this
was the happiest moment of his life.

The good news was flashed to Santa Fe, and in a moment
by direction of Acting Governor Jaffa, the national flag
was unfurled on the tall staff at the corner of the historic
Palace, and following the lead of the "New Mexican,"
where the news was first received, all the buildings on the
Plaza were quickly covered with red, white and blue.

AT LAST.

That was on Saturday.

'The President had signified his desire to affix the sig-
nature which would give legal vitality to the bill and trans-
form it into a Law, before leaving Washington on Mon-
day : so, all the preceding formalities were hastened.

On Monday moaning, notwithstanding its length, the
Statehood Bill was properly enrolled and ready for the
official signatures. As soon as the House assembled it was

FINAL SUCCESS. 127

signed by Speaker Cannon; then it was hurried to the
Senate chamber, where the Vice-President affixed his auto-
graph at exactly half past twelve.

From the Capitol it was quickly conveyed to the White
House, where the President was ready to act. Here were
assembled several of those who had been most active in
achieving its success, with such representatives of the two
Territories as were in the National Capital. The House
Committee was represented by Chairman Hamilton, whose
self-abnegation in allowing the Senate Bill to be substitut-
ed for his own should not soon be forgotten, and by Kep-
resentatives Guernsey and Cole. The Senate Committee
was appropriately represented by its chairman, Senator
Beveridge. Postmaster General Hitchcock, who had ren-
dered efficient aid, represented the Cabinet. Delegate An-
drews from New Mexico, and Delegate Cameron from Ari-
zona, the actual representatives of the newly enfranchised
commonwealths were prominent, and beside them were
Thomas B. Catron, of Santa Fe, H. I. Latham of Phoenix,
and J. T. Williams of Tucson, with Ira M. Bond, the
well known New Mexican correspondent, and others in-
terested.

The President said a few words of congratulation, and
then proposed to affix his official signature. The Post-
master General presented a gold pen, with the request that
ic should be used, and Delegate Andrews produced the
unique gold-banded quill taken from the great American
eagle captured in Taos, and furnished for the occasion, in
its beautiful case, as a patriotic service by George B. Pax-
ton, when he had no thought that Death would forbid his
presence at the ceremony. The President wrote half of
the signature with the former and the remainder with the
ktter; returning the pens to the donors as mementoes of
this great historic occasion.

The White House clock stood at 1:40 p. m.

That signature ended the drama of the "Struggle for
Statehood." There had been more than fifty Statehood
Bills in the sixty years of effort. Those few penstrokes
transformed a Statehood Bill into a Statehood Law.

128 FINAL SUCCESS.

The people of Xew Mexico were no longer serfs but
Freemen; no longer subjects but Citizens; no longer to be
treated as aliens but as Americans.

HALLELUJAH !

rst (Congress of % Sratcb Stales of

&t the £ecm«I Cession,

Begun and held at the City of Washington on Monday, the sixth day of IX-ct-,,,!. r onr
thousand nine hundred aad nine.

ACT

To enable the people of New Mexico to form a constitution and stair
government and be admitted into the Union on an equal footing with tli»>
original States; and to enable the people of Arizona to form a constitution
and state government and be admitted into the Union on an equal footing
with the original States.

Be it enacted by the Senate and Haute oj Representatives oj the r,ni«l
State* of America in Congress osswniW, That the qualified elector* of tlir
Territory of New Mexico are hereby authorized to vote for and chooee delegate* to
form a constitutional convention for said Territory for the purpose of framing
a constitution for the proposed State of ItoW Mexico. Said convention shall
consist of one hundred delegates; and the governor, chief justice, and secretary
of said Territory shall apportion the delegates to be thus selected, as nearly aa
may be, equitably among the several counties thereof in accordance with the
voting population, as shown by the vote cast at the election for Delegate in
Congress in said Territory in nineteen hundred and eight: ProvuM, That in
the event that any new counties shall have been added after said election, the
apportionment for delegates shall be made projwrtionate to the vote cast within
the various precincts contained in the area of *u< h m>w counties no created,
and the proportionate number of delegates so apportioned thai! tx> deducted
from the original counties out of which such counties shall have been utals4.

The governor of said Territory shall, within thirty days after the approval
of this Act, by proclamation, in which the aforesaid apportionment of delegates
to the convention shall be fully specified aad announced, order an election of
the delegates aforesaid on a day designated by him in said proclamation, not
earlier than sixty nor later than ninety 4tf» after the approval of this Act.
i for delegate* shall be held aad conducted, the return* made, and
of persons elected to such oosYention issued, s* Dearly a* may
to, in the same aanner as is prescribed by the bm of said Territory regulating
therein of members of the legislature existing at the time of the last

Statehood Act of 1910. First Page.

A* tvmeet «f fto •Oof* far «»i -!•«» «f
•t fii* MM ntti &* M» pi* to

t» wpeod^l and«- the dinette «ftt» Sacwtetf rf A* In*«»kr, aa* dwB W
bnmded to be tanlly expended ia tfae prwent Territory of Aflmtt. tkttmgii

thewwtarj of«id Territory. M ««y l» mnemij taaA proper in Unx&KrvtioA
of th« Seen^wy of 0»e Interior, in attfar to oeny «*» U>« Wl istetK )ttdl meviiaf

United Statm md

Statehood Act of 1910. Last Page.