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U.S. provisional government of New Mexico


Under the provisions of the Kearny Code as promulgated in 1846, the first legislature of New Mexico commenced its session on December 6, 1847. The Council consisted of seven members, with Antonio Sandoval, of Bernalillo County, as president, and the House of twenty-one members, with W.Z. Angney as speaker.

It passed an act providing for a convention to consider a permanent form of government for New Mexico, and the delegates for this purpose met on October 10, 1848. It adopted a memorial to Congress asking for a regular territorial government, and declared against the introduction of domestic slavery.

In the next year the military governor called an election for delegates to a convention to frame a territorial form of government.

Meanwhile, Texas, which claimed all the territory east of the Rio Grande, sent Spruce M. Baird, as judge to organize that district into a county to be called Santa Fe. But he was received with such opposition that he did not attempt to carry his instructions into effect. In the spring of 1850, they sent a second commissioner, Robert S. Neighbors, to organize counties of the state of Texas and to hold elections in them of local officers.

This created some excitement, but produced no practical result. Almost at the same time, however, it became well known that the President and his cabinet at Washington desired the people of California and New Mexico to organize state governments without delay, in order to settle the question of slavery within their borders, and thus allay the great national excitement on the subject.

A convention was consequently called by Colonel Munroe, the military governor, which met on May 15, and adopted a state constitution, which all concede to be an admirable instrument. 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 education. 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.


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