Mf /^ 
 

 BULLEl UNIVERSITY OF NEW MEXICO 
 
 :^ 
 
 WHOLE NO. 41 
 
 Educational Series Vol. I , Art. 1 
 
 EARLY SCHOOL LAWS OF NEW MEXICO 
 
 C. E. HODGIN. B. Pd. 
 
 ALBUQUERQUE, NEW MEXICO 
 DECEMBER, 1906 
 
 a^ 
 
 ^Published Quarterly by the Uni'versity 
 
 *«^'a^ 
 
r 
 
 '-^ 
 
 PUBLICATIONS 
 
 ^OF THE= 
 
 UNIVERSITY OF NEW MEXICO 
 
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 A LL the UniA'ersity Publications are issued as 
 Bulletins. These are arranged in a, continuous 
 series, numbered consecutively. The Bulletins are 
 classified according to subject matter, and each class is 
 given a separate title and carries its own volume num- 
 ber.' These classes issued to date areas follows : 
 
 Whole Nujnbers 1-14, Catalogue Series Vols. 1- 
 XIV. . 
 
 /" Whole Numhers 15-22, Geological Series, Vol. I. 
 (Hadley Laboratory Bulletin, Vol. I, Articles 1-4). 
 
 Biological Series, Vol. I. (Hadley Laboratory Bul- 
 letin, Vol. I, Articles 1-4). 
 
 Whole Numbers 2^-28 Geological Series, Vol. IL . 
 (Hadley Laboratory Bulletin, Vol. //., Articles 1-6). 
 
 Whole Numhers 2p-^p. Biological Series, Vol. //. 
 (Hadley Laboratory Bidletin, Vol. HI, Articles i-ii)..,.^ 
 
 Whole Number 40. Catalogue Scries, Vol. XV. 
 
 Whole Number 41. Bducational Series, Vol. I, 
 Article i. {This volmne). 
 
 K.. 
 
 J 
 
LfeaJ^Vu 
 
 THE EARLY SCHOOL LAWS OF 
 NEW MEXICO 
 
 C. E. HODGIN 
 
 PROFESSOR OF EDUCATION 
 
 No national sys- 
 tem of schools in 
 America. 
 
 Horace Mann's 
 conception of free 
 schools. 
 
 Theoretically, America has no national system of 
 public schools. The important function of training 
 her citizens is left to the judgment and authority of 
 the individual states. Yet there is such close similarity 
 in the character of the school systems of the various 
 states as to justify the statement that we have an 
 American type of schools which reflects the national 
 spirit. 
 
 Horace Mann was the first educator who declared it 
 "to be the obligation of a state, on the great principles 
 of natural law and natural equity to maintain free 
 schools for the universal education of its people." 
 Thomas Jefferson said "schools for the free training 
 of free children, male and female," and Plato left out 
 some classes in his scheme of education. But Horace 
 Mann's conception was all comprehensive; it was uni- 
 versal. He gives the following fundamental proposi- 
 tions upon which the common school system of a state 
 rests : 
 
 1. The successive generations of men, taken collec- 
 tively, constitute one great commonwealth. 
 
 2. The property of that commonwealth is pledged 
 for the education of all its youth up to such point as 
 will save them from poverty and vice, and prepare 
 them for the adequate performance of their social and' ^^^f^^f ^^^^ ^^^^^ 
 civil duties. 
 
 3. The successive holders of this property are trus- 
 tees, bound to the faithful execution of their trust by 
 the most sacred obligations ; and the embezzlement and 
 pillage from children have not less of criminality, and 
 more of meanness, than the same offences perpetrated 
 against contemporaries." 
 
 School system 
 
 ositions. 
 
HoDGiN — Barly School L,azvs of New Mexico 
 
 Oldest school In 
 tlie United States. 
 
 Congress unfair 
 to Xeu' Mexico. 
 
 Conditions tui- 
 favorable for edu- 
 cation. 
 
 Purpose of bulle- 
 tin. 
 
 Thus, because of the character of our school laws 
 in the states, the rich and the poor alike have equal 
 opportunities to contest for honors in our public 
 schools. This was well illustrated, at one time, in 
 the Boston Latin school, the oldest school now in ex- 
 istence in the United States, where the son of a poor 
 man who chopped the wood for the President of the 
 United States, stood first in the class of which a son 
 of the President was a member. 
 
 If the rich alone are educated, they have both the 
 education and the wealth, but educate the poor, and 
 no class can unjustly direct them. 
 
 While the United States government has not at- 
 tempted to establish a national system of schools, it 
 has been friendly to the cause of education, and in 
 the case of territories, being more directly under its 
 guidance, has often been helpful by granting direct 
 appropriations, etc. The glaring exception is the gov- 
 ernment's treatment of the Territory of Nev/ Mexico 
 in refusing, persistently, to heed her frequent and 
 earnest appeals for assistance in the education of her 
 children. 
 
 For many years after New Mexico was received 
 as a territory, the legislature, time after time, memor- 
 ialized congress for direct appropriation of money to 
 aid in the establishment of adequate free schools. Dur- 
 ing the first quarter of a century the conditions were 
 such that New Mexico was absolutely helpless to pro- 
 vide means for educational purposes, because of exist- 
 ing conditions. Those were trying times for the terri- 
 tory, when there was constant danger from unfriendly 
 Indians, when distances from place to place were so 
 great, when the majority of people had little wealth, 
 when so few of the native people could speak the 
 English language, when mails and supplies came in at 
 such long intervals, when everything seemed against 
 the territory. The struggle the people of New Mexico 
 have put forth for educational advancement has never 
 been appreciated by the national congress, nor by peo- 
 ple generally. It is one purpose of this bulletin to 
 show, through memorials to congress, school laws and 
 official reports the earnest effort and anxious desire 
 for better advantages in their schools. Another pur- 
 pose is to put these early school laws and appeals to 
 congress in shape to be read and preserved, as in some 
 
 (20 
 
Bulletin University of Nezv Mexico — No. 41 
 
 instances very few copies are now in existence. [Ac- 
 cess to the library in the Capitol bnilding at Santa Fe 
 was necessary in order to find a single copy of a few 
 of the earliest laws.] 
 
 The following memorial will indicate the scarcity of 
 copies of the law : 
 
 In 1872 the legislature sent a memorial to congress 
 asking that provision be made for the recompilation 
 of the laws of the Territory. The edition of the Com- 
 piled Laws of 1865 was exhausted, and the memorial 
 further says : "The several pamphlet editions of the 
 laws adopted at the different sessions of the Assembly 
 since the year 1865 have also been exhausted, and at 
 its present session (in 1872), this Legislative Assem- 
 bly was unable to obtain for its own use a complete 
 edition of the Laws of the Territory." 
 
 New Mexico was occupied by military force under 
 Kearny in 1846, ceded to the United States in 1848 
 and organized as a Territory in 1850, at which time 
 there was absolutely nothing in the way of educational 
 advantages except a very few church schools. 
 
 The following passage appeared in the Governor's 
 Message to the Legislative Assembly in 1847 : 
 
 "There is at present but one public school in the Ter- 
 ritory, that located in the City of Santa Fe, and sup- 
 ported by the funds of the county. All children are 
 free to attend this school, but the funds of the county 
 are insufficient to employ more than one teacher. * * * 
 When there are no private schools or acadamies, it 
 must be evident that the means of obtaining an educa- 
 tion are exceedingly limited, and that the facilities 
 should be greatly increased — that opportunities for 
 learning should be given to all — to the poor as w^ell 
 as the rich, and if possible, to place a school in every 
 town, village, 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 the law of the land and 
 the government of the people, it is most important 
 for this vv^ill to be properly exercised. The people 
 must be enlightened and instructed, * '^ * that every 
 man should be able to read, to inform himself of pas- 
 sing events and of matters important to his country 
 and his s^overnment. * * * The world at laree is ad- 
 vancing, and how can we profit by the advance unless 
 
 Sfemorial to Con- 
 gress regarding 
 scarcity of copies ol" 
 the law. 
 
 New Mexico from 
 1846 to 1850. 
 
 Governor's mes- 
 sage on education 
 in 1847. 
 
 (3J 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 Failure of gov- 
 ernment to provide 
 for Cngllsh instruc- 
 tion. 
 
 Escudero in 1849. 
 
 Memorial to Ck>n- 
 gress. 
 
 Ttiree "primary 
 wants" : 
 
 (1) 
 A penitentiary. 
 
 the people are educated? It is true that the available 
 means which could be applied at present to the cause 
 of education are small, but for the promotion of so de- 
 sirable an object they might be both increased and 
 economized. All that the legislature can do for the 
 cause of education for the people is most earnestly 
 pressed upon them, and to this end I give my hearty 
 approval and co-operation." 
 
 When the United States acquired New Mexico in 
 1848, the people included in the territory, spoke only 
 the Spanish, their native language. It therefore seems 
 that the government of the United States directly 
 shouldered the responsibility of providing means for 
 the instruction of these people in the English language 
 — the language of the country which they were forced 
 to adopt. But as a matter of fact the national gov- 
 ernment has done absolutely nothing from that day to 
 this to assist the Mexican people coming with the ac- 
 quired territory to learn the English language. 
 
 In 1849, one Escudero, speaking on the subject of 
 schools, said : 
 
 "May Heaven grant to New Mexico some institu- 
 tion of learning where its sons may receive educational 
 training according to the requirements of the century." 
 
 The very first mention made of education by the 
 Legislative Assembly of New Mexico is in a memorial 
 during its third session: "To the Honorable Senate 
 and House of Representatives in Congress Assem- 
 bled," approved January 10, 1853. William Carr 
 Lane was then governor. 
 
 This memorial was relative to three "primary 
 wants" of the territory. One was a penitentiary, 
 which was said to be needed for the punishment and 
 suppression of crime. An appropriation of no less 
 than $50,000 was requested for the penitentiary, the 
 statement being made that its erection would of neces- 
 sity be very expensive, since "stone or brick as build- 
 ing material are totally unknown in this Territory." 
 
 In another part of the memorial the attention is 
 called of Congress, "to the insular position of this 
 Territory," to its immense area, to its limited and 
 scattered population, to the constant danger from sur- 
 rounding Indians who greatly outnumber our popula- 
 tion ; to tlie distance to be traversed ; the Deserts to be 
 crossed ; the appalling difficulties, especially in Winter, 
 
Builetin University of New Mexico — No. 4i 
 
 to be encountered in reaching this Territory, and in 
 going hence to any of the States or Territories; and 
 "your memoriahsts earnestly soHcit that adequate 
 means may be applied for the relief of the People of 
 this Territory, in the premises." They plead for com- 
 mon roads to Missouri, Arkansas, Texas and Califor- 
 nia and Utah. Mail was then received but once a 
 month from Missouri, and once every two months 
 from Texas. 
 
 With such conditions, little could be done for the 
 establishment of schools in New Mexico, but from a 
 portion of this memorial it may be seen that they were 
 not forgetful of this subject : 
 
 "Your memorialists beg leave to call the attention 
 of Congress to the subject of the education of the ris- 
 ing generation in this Territory, but as it would be 
 supererogation to argue to the Congress of the Uniterl 
 States upon the necessity of enlightening the minds cf 
 all the children of the Republic, they will merely bring 
 the subject before Congress and state the undeniable 
 fact, that in no part of the United States, are the means 
 of education so deficient, as in New Mexico; and the 
 additional fact that the liberal grant of lands, which 
 has already been made to the Territory for this object, 
 is now and will continue to be unavailing for many 
 years to come. They therefore pray that provisions 
 may be made for the creation and support of Public 
 Schools throughout the Territory for a limited time, 
 by a yearly appropriation of money, for that object, 
 but your memorialists leave the sum which you may 
 be pleased to appropriate to the enlightened generosity 
 of Congress." 
 
 The next reference made to schools was in An Act 
 approved February, 1854, which indicates that among 
 those exempt from serving as grand jurors, are "pre- 
 ceptors and teachers of academies, one teacher in each 
 school." 
 
 Perhaps because there were no public schools, large 
 power was granted justices of the peace as shown in ^ 
 the following act of 1854: 
 
 "Be it enacted by the Legislative Assembly of the 
 Territory of New Mexico : 
 
 "Section 1. The son or daughter who is under 
 paternal control, that shall absent himself from his or 
 her house, without the permission of their parents, or 
 
 (B) 
 
 (2) 
 Good roads to the 
 States. 
 
 (3) 
 ProAlsion for Pub- 
 lic Schools. 
 
 1854. 
 Exemption fi-om 
 jury service. 
 
 Parents refer un- 
 ruly childi*en to 
 prefects for correc- 
 tion. 
 
HoDGiN— ^a;'/3' School Lazvs of Nczv Mexico 
 
 House of CoFrec- 
 tlon. 
 
 Dislnlieritance. 
 
 Appeal to Con- 
 gress in 1854 for 
 mineral surveys. 
 
 No richer mineral 
 deposits in tlie 
 world. 
 
 Survey of value 
 to wiiole Union. 
 
 shall commit any grave excess or very great disrespect 
 for them, and their admonitions, and punishments be 
 not sufficient for their correction, they may be taken 
 by their father or widovved mother before the prefect 
 or justice of the peace in order that he may reprimand 
 them and instruct them in regard to their natural 
 duties, 
 
 "Sec. 2. If after this, they should again commit the 
 same faults, the parents may, with the knowledge and 
 assistance of the prefect or justice of the peace, place, 
 them in a house of correction.. 
 
 "Sec. 3. When the offences become to be grievous 
 injuries, abusive or ill-treatment, by act on the part of 
 the children or grandchildren, although they have left 
 the paternal control, it shall be sufficient cause for dis- 
 inheritance according to the provisions of the civil 
 code, conformable to the expressed will of the parents 
 in such cases." Approved Feb. 16, 1854. 
 
 The following memorial approved February, 1854, 
 asking Congress for a Geological and Mineralogical 
 survey is interesting as a prediction of the mineral 
 wealth of New Mexico. — 
 
 "To the Honorable Senate and House of Represen- 
 tatives of the United States : 
 
 "Your Memorialists the Legislative Assembly of 
 the Territory of New Mexico, respectfully represents 
 sent, 
 
 "That the principal wealth and greatest resources of 
 our Territory consist in metalic and mineral deposits ; 
 that gold, silver, quicksilver, copper, iron and lead, 
 are known to exist in abundance in the mountain dis- 
 tricts, and deposits of stone, coal of various classes are 
 found in many places ; in truth, your memorialists be- 
 lieve that there can be nothing risked in saying that 
 no country in the world can boast of richer or more 
 abundant deposits of minerals than ours. 
 
 "This for a long time has not been a matter of spec- 
 ulation or doubt, because the present and past produc- 
 tions of our mines have satisfactorily decided to the 
 contrary. 
 
 "But your Memorialists believe with entire confi- 
 dence, that a scientific exploration would result in the 
 discovery of hidden riches much greater than those 
 known to all to exist, which would contribute to the. 
 interest and prosperity of the whole Union. From the 
 
 (6) 
 
Bulietin Vniversity of Nezv Mexico — No. 41 
 
 foregoing, we would respectfully ask that your Hon- 
 orable bodies authorize a Geological and Mineralogi- 
 cal survey to be made of New Mexico, as early as your 
 Honorable body may deem practical and expedient, 
 and your Memorialists will ever pray, etc., etc.,." 
 
 The next memorial of 1854 is an earnest appeal to 
 Congress for adequate assistance in the work of edu- 
 cating the rising generations. 
 
 "Memorial 
 
 "Of the Legislative Assembly of the Territory of 
 New Mexico : 
 
 "To the Senate and House of Representatives of the 
 United States in Congress Assembled. 
 
 "Your memorialists very respectfully call the atten- 
 tion of your honorable bodies to the situation of "New 
 Mexico, in relation to the education of the rising gen- 
 eration. The territory is entirely without schools, ex- 
 cept in the Capital, in which there is one or two sup- 
 ported by private subscription. No part of the United 
 States is so deficient in the means of education as our 
 territory, and although the General Government has 
 made what appears to be a liberal donation of lands 
 to the Territory of New Mexico, for school purposes, 
 but in truth these donations are of no value, as the 
 16th section can be of no value, unless it is situated 
 near some river from which water could be had for 
 irrigation. By the census of 1850, it will be seen there 
 is over 25,000 adults in this territory who do not 
 know how to read and write, which is seven-eighths 
 of the population. 
 
 "Your memorialists therefore ask that some provis- 
 ion be made to create and support public schools 
 throughout the territory, by an annual appropriation 
 of money, instead of the lands for support of schools. 
 
 "Your memorialists ask the early attention of Con- 
 gress to this subject." Approved December 30, 1854. 
 
 In the early years of the history of the territory 
 there was hostility to establishing public schools @n 
 the part of many, a serious obstacle to overcome by 
 those who were earnestly interested in education, in 
 addition to the great difficulties already mentioned. 
 
 To show the extent of this hostility, (which after all 
 is not so surprising, wlien the ignorance of the people 
 
 (7) 
 
 Earnest appeal to 
 Congress for educa- 
 tional help. 
 
 School lands ol 
 no value. 
 
 Twenty-five thou- 
 sand illiterate adults 
 
 Money appropria- 
 tion needed. 
 
 Hostility to 
 schools. 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 Four counties 
 vote against pub- 
 lic scliools. 
 
 First school laws 
 in New Mexico. 
 
 Tax for education. 
 
 Basis of taxation. 
 
 then, is considered, and the fact that such matters had 
 been left to the church), one illustration is given, as 
 follows : 
 
 When the territorial legislature made its first at- 
 tempt at passing a school law during the session of 
 1855-56, the schools to be supported by taxation of 
 the property of the citizens, so bitter was the opposi- 
 tion from four counties, namely — Taos, Rio Arriba. 
 Santa Ana and Socorro — that they were exempted 
 from the operation of the law, the citizens of those 
 counties being permitted to vote on the acceptance or 
 rejection of the law. The returns of the election 
 showed that 5,053 votes were cast in the four counties, 
 and that only 37 were in favor of public schools — a 
 result truly disheartening to the leaders in the move- 
 ment. The law was operative in other parts of the ter- 
 ritory, but within a year (the legislature then meeting 
 annually) the law was repealed, and all taxes and 
 fines collected under that law were, by legislative act, 
 returned to the citizens paying the same. 
 
 The first school laws of New Mexico were passed iu 
 1855-56. The complete text of the law is here given 
 and no errors corrected : 
 
 "AN ACT 
 
 "Providing and establishing means for the education 
 of the youth in the Territory of New Mexico. 
 
 (Translated from the original in Spanish) 
 
 "Be it enacted by the Legislative Assembly of the Ter- 
 ritory of New Mexico : 
 
 "Section 1. Every male inhabitant in the Territory 
 of New Mexico, (Pueblo Indians excepted), who has 
 arrived at the age of twenty-one years, is hereby re- 
 quired to pay a tax for the education of the youth of 
 the Territory, as hereinafter provided. 
 
 "Sec. 2. Every male, whose property does not ex- 
 ceed two hundred and fifty dollars in value, shall pay 
 an annual tax of one dollar, it being understood, that 
 by the word 'property' in this section, as also wher- 
 ever it may occur in any other part of this act, it shall 
 embrace all real estate, personal and moveable proper- 
 ty, all debts receivable and recoverable, and the pro- 
 ceeds of the profession of each individual. Provided, 
 that the resident inhabitants of the Counties of Rio 
 
 (8) 
 
Bulletin University of Nezv Mexico — No. 41 
 
 Arriba, Taos, Santa Ana, Valencia and also Socorro, 
 Ihe value of whose property does not amount to fifty 
 dollars, are exempt from taxation as required in this 
 section. 
 
 "Sec. 3. Every male, whose property exceeds the 
 value of two hundred and fifty dollars, shall pay an- 
 nually one dollar on the first two hundred and fifty 
 and on all over and above this amount, shall pay at the 
 rate of one dollar on the thousand. Provided, that the 
 persons whose property exceeds the value of fifty thou- 
 sand dollars, are only required to pay tax on said sum. 
 
 "Sec. 4, The tax that may be collected in each 
 county of this Territory, in virtue of the foregoing sec- 
 tion, shall be expended exclusively in educating the 
 youth of this Territory. 
 
 "Sec. 5. It shall be the duty of each probate judge 
 in the Territory, on or before the first Monday in 
 April of each year, to appoint a proper and capable 
 person in each precinct of his county, to discharge the 
 duties of collector of education tax in said county, for 
 the term of one year, who, before entering upon the 
 discharge of their duties, shall take an oath before the 
 judge of probate of their respective county, that they 
 will faithfully and without fear, favor or partiality, 
 discharge the duties of their office in conformity with 
 this law, and shall give a bond in favor of their respec- 
 tive counties in double the amount of the supposed tax 
 in their precinct, with two or more good securities to 
 be approved by the probate judge of his county, con- 
 ditioned that they will well and truly comply with ail 
 the duties of their office, in accordance with this law. 
 
 "Sec. 6. It shall be the duty of the person who shall 
 have been so appointed to collect educational tax, to 
 proceed immediately after having given their bond and 
 taken the oath required by the foregoing section, to 
 inform themselves of the value of the property of each 
 individual of his precinct, and to collect of him the tax 
 by him due according to the provisions of this act, and 
 for which purpose, it shall be the duty of each collec- 
 tor to require each person of his precinct to fix, under 
 oath or affirmation, a sum which he believes sufficient 
 to cover the value of all his property, which oath or 
 affirmation each collector is by this law authorized to 
 administer. 
 
 (9) 
 
 No tax on prop- 
 erty valued above 
 $50,000. 
 
 Collectors 
 cation tax. 
 
 of odii- 
 
 Valuation of prop- 
 erty. 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 Manner of pro- 
 cedure. 
 
 Tax paid over to 
 treasurer of educa- 
 tion fund. 
 
 Compensation of 
 treasurer of educa- 
 tion fluid. 
 
 Bond conditions. 
 
 Tax coUector, 
 
 Penalty for refus- 
 al to fix value of 
 
 property. 
 
 "Sec. 7. It shall be the duty of each collector of 
 education tax, within forty days after he shall have 
 entered upon the discharge of his duties as collector, 
 to return to the probate judge of his county a book 
 vdiich shall have been delivered to him in blank by 
 said judge, containing an alphabetical list of the names 
 of each person of his precinct subject to taxation, ac- 
 cording to the provisions of this act, placing opposite 
 each name the value of his property and the amount 
 of tax paid him. Provided, that the value of the prop- 
 erty of each person, and the tax thereon, shall be 
 placed in separate columns, in accordance to the forms 
 prescribed at the end of this act. 
 
 "Sec. 8. It shall be the duty of each collector of ed- 
 ucation tax to pay over to the treasurer of the educa- 
 tion funds of his county, the tax that he may have col- 
 lected in his precinct, within the term of forty days af- 
 ter having entered upon the discharge of his duties as 
 collector. 
 
 "Sec. 9. The board of education of each county 
 shall appoint a treasurer to take charge of the funds 
 for school purposes in the respective county, who shall 
 receive for his services two per cent on the money paid 
 into the treasury, and before entering upon his duties, 
 he shall take an oath before the probate judge to well 
 and truly, and to the best of his ability, discharge his 
 duties as treasurer of the education fund, and shall 
 give a bond, in favor of his respective county, v/ith 
 two or more good securities, to be approved by the 
 probate judge, in double the amount of funds collected 
 in his county for educational purposes. 
 
 "Sec. 10. It shall be the duty of each treasurer of 
 funds for educational purposes, immediately after 
 having received the tax from the different collectors 
 of his county to inform the probate judge thereof, 
 specifying the sum received from each collector. 
 
 "Sec. 11. Every collector of tax for educational 
 purposes shall receive for his services five per cent. o!i 
 the amount collected. 
 
 "Sec. 12. Every person who shall refuse to fix a 
 sum which he m.ay deem sufficient to cover the value 
 of his property, he being required so to do by the col- 
 lector of tax for educational purposes, on conviction 
 thereof, shall be fined in any sum not exceeding one 
 
 (10) 
 
Bulletin University of Nezv Mexico — No. 41 
 
 hundred dollars, by any court having jurisdiction in 
 this amount, which fine shall be paid into the treasury 
 for educational purposes. 
 
 "Sec. 13. It shall be the duty of every justice of the 
 peace, upon being notified by the collector of the school 
 fund, under oath, that any person or persons have re- 
 fused to fix a sum which will cover the value of their 
 property, they have been required so to do by him, to 
 appoint two persons who shall appraise the property 
 of said person or persons that have so refused, who 
 shall fix a sum that will cover the value thereof, and 
 this being done, the collector shall collect the corre- 
 sponding tax, in conformity with this law. Provided, 
 that the person appointed to value the property of 
 any person or persons, before entering upon their du- 
 ties, shall take an oath or affirmation before the justice 
 of the peace who appointed them, that they will well 
 and truly appraise all the property of the person or 
 persons whose property they are required to appraise. 
 
 "Sec. 14. If any of those persons required to pay a 
 tax according to the provisions of this act, shall refuse 
 to pay, or shall not pay, to the collector his quota of 
 the tax after it shall have been demanded on two dis- 
 tinct days, then the collector is authorized to take a 
 sufficient quantity of the property belonging to the 
 person so refusing to pay his quota of the tax, and the 
 costs that may arise in this action, which property shall 
 be sold to the highest bidder, giving at least five days 
 notice by means of a public notice which shall be 
 posted up in one of the most public places in his pre- 
 cinct. 
 
 "Sec. 15. If the treasurer of the school fund, or any 
 collector, shall defraud or maliciously withhold any 
 of the money belonging to the school fund, he shall be 
 guilty of a misdemeanor, and on conviction thereof, 
 shall be fined in any sum not exceeding five hundred 
 dollars, or imprisoned in the territorial prison for any 
 term not exceeding one year. 
 
 "Sec. 16. There shall be a board established in each 
 county of this Territory, denominated 'Board of Edu- 
 cation,' which shall be composed of one person of the 
 greatest ability, learning and integrity of each pre- 
 cinct, and the probate judge, who shall preside ove;- 
 said board. 
 
 Appraisal of 
 property. 
 
 Property may be 
 sold at public auc- 
 tion. 
 
 Fine or Impris- 
 onment for with- 
 holding school 
 moneys. 
 
 County Board of 
 Education. 
 
 (11) 
 
HoDGiN — Barly School Lazvs of Neiv Mexico 
 
 Fined for refusi^l 
 to accept position. 
 
 Oath required. 
 
 Fined for non- 
 attendance. 
 
 Board malies 
 school niles. 
 
 "Sec. 17. It shall be the duty of each probate judge 
 to appoint the persons who shall compose the board of 
 education in accordance with the foregoing section, 
 who shall remain in office for two years, and until 
 their successors be duly appointed, and shall not re- 
 ceive any compensation whatever for their services. 
 Provided, that if any person shall refuse to accept the 
 appointment as member of the board of education, he 
 shall be fined by the probate judge who appointed him 
 in the sum of ten dollars, which shall be paid into the 
 school fund. 
 
 *'Sec. 18. Every member of the board of education, 
 before entering upon the exercise of the duties of his 
 office, shall take an oath to support the Constitution of 
 the United States and the laws of this Territory, and 
 to well and truly, and to the best of his ability dis- 
 charge all his duties as member of the board of educa- 
 tion. 
 
 "Sec. 19. Every probate judge of this Territory 
 shall convene the board of education of his county at 
 the county seat thereof, before the collectors of the 
 school funds shall proceed to the discharge of the du- 
 ties of their office, and each member of said board is 
 required to attend on the day, hour, and at the place 
 designated by the probate judge, unless they are pre- 
 vented by sickness, absence, or shall offer a sufficient 
 excuse under the penalty of being fined in any sum not 
 exceeding ten dollars, which shall be paid into the 
 treasury of the school fund. 
 
 "Sec. 20. At all the sessions of the board of educa- 
 tion a majority can transact the business thereof, but a 
 minority may adjourn from day to day, and compell 
 the attendance of the absent members, under the penal- 
 ty set forth in the foregoing section. 
 
 "Sec. 21. The board of education of each county, at 
 their first session, shall establish one or more schools 
 in each precinct or township of their county, and shall 
 make such rules for said schools as they may deem 
 necessary and proper for the good regulation thereof 
 which shall be binding. They shall determine also, at 
 their first session, the number of regular sessions that 
 shall be held in each year. 
 
 "Sec. 22. The board of education of each county is 
 authorized to dispose of all or any part of the school 
 
 (12) 
 
Bulletin University of New Mexico — No. 41 
 
 funds of their county, for the purpose of carrying into 
 effect the objects of this act. 
 
 "Sec. 23. The board of education of each county 
 shall designate, by regulations, the manner in whicii 
 the funds in the treasury of the education shall be paid 
 out. 
 
 "Sec. 24. Immediately upon the establishment of 
 the schools, all parents, guardians, or any other person 
 having children under their charge, from the age of 
 seven years to the age of fourteen inclusive, are re- 
 quired to send them to school, under the penalty that 
 may be prescribed by the board of education. Pro- 
 vided, that the probate judges and justices of the peace 
 are required to enforce the provisions of this section. 
 Provided further, that the board of education may ex- 
 cuse the attendance of children at school for reasons 
 they may deem just. 
 
 "Sec. 25. The probate judge of each county, when 
 he may deem it necessary and convenient to the pro- 
 gress of education, may convene special sessions of the 
 board of education. 
 
 "Sec. 26. It shall be the duty of the board of educa- 
 tion of each county to report annually to the legisla- 
 tive assembly, through the governor, the number of 
 schools in their respective counties, the number of pu- 
 pils in each school, the progress they make, the funds 
 paid into the treasury of education of their respective 
 counties, and in what manner they have been ex- 
 pended. 
 
 "Sec. 27. The preceptors of public schools shall be 
 appointed or chosen by the board of education, who, 
 before entering upon the discharge of their duties, 
 shall take an oath before the justice of the peace of his 
 residence, that they wull well and truly discharge all 
 their duties as teacher or preceptors to the best of 
 their ability. Provided, that if any teacher or precep- 
 tor shall not personally attend to the discharge of the 
 duties of his office in conformity with the instructions 
 of the board of education that appointed them, and the 
 provisions of this law, or conviction thereof, he shall 
 be fined by the probate judge of the county in any sum 
 not exceeding twenty-five dollars, which shall be paid 
 into the treasury of the school fund. 
 
 "Sec. 28. That the preceptors or teachers shall 
 each receive for their services a compensation in pro- 
 ds) 
 
 Compulsory edu- 
 cation. 
 
 Reports made 
 legislatui-e. 
 
 to 
 
 Oath required 
 
 teachers. 
 
 of 
 
 Fine for faihire to 
 discharge duties. 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 Salary of teacher 
 from $8 to $40 a 
 month. 
 
 No tax from beg- 
 gars. 
 
 portion to the labor and number of scholars that each 
 one has under his charge, which compensation shall be 
 fixed by the board of education, which shall not ex- 
 ceed forty dollars, nor be less than eight dollars, per 
 month. Provided, that each one of the members of the 
 said board of education, shall be a supervisor of the 
 teachers in their respective precincts, and they shall 
 not receive any compensation for such services, and 
 when the supervisors shall discover any palpable neg- 
 lect of duty on the part of any employee placed under 
 their supervision according to this section, he shall 
 immediately inform the probate judge thereof, whose 
 duty it shall be to investigate the case, and upon find- 
 ing him guilty, he shall inflict such fine as he may 
 deem proper, and dismiss him from office, if in the 
 opinion of the board of education, the person so con- 
 victed shall deserve it. 
 
 "Sec. 29. That no other office of profit shall be 
 created under this law, unless the legislative assembly 
 of this Territory shall so direct on deeming it neces- 
 sary at any future time. Provided, that the board of 
 education shall not have in any case authority to ad- 
 vance money on any salary to any employee created 
 by this law, under a penalty of being fined in the sum 
 of twenty-five dollars imposed upon each one of the 
 majority voting for such advance, which fine shall be 
 recoverable before any justice of the peace of their 
 county, on complaint of any person aggrieved. Pro- 
 vided further, that all disabled persons, as beggars, 
 etc., shall be exempted from paying tax under this act. 
 
 "Sec. 30. If any probate judge shall fail to comply 
 with any of the duties required of him by this act, on 
 conviction thereof, he shall be fined by the district 
 court in any sum not exceeding five hundred dollars. 
 
 "Sec. 31. Immediately after the approval of this 
 act, the secretary of the Territory is required to have 
 as many copies thereof printed as there are precincts 
 in the Territory, and shall transmit immediately to 
 each probate judge as many copies thereof as there are 
 precincts in his respective county. 
 
 "Sec. 32. This act shall be in force and take effect 
 immediately after its publication. Provided, that this 
 law shall not be in force in the Counties of Taos, Rio 
 Arriba, Santa Ana (and) Socorro, but it shall be sub- 
 mitted to the approval of a majority of the voters in 
 
 (14) 
 
B idle fin University of Neiv Mexico — No. 41 
 
 each one of said counties, for which purpose the gov- 
 ernor of the Territory, after the approval of this act, 
 shall order an election to be held in said counties, for 
 the purpose of the approval or disapproval of said law, 
 and each male who is qualified to vote at the popular 
 elections shall also have the right to vote at said elec- 
 tion, and the election shall be conducted in the same 
 manner as is now prescribed by law, and the returns 
 shall be made to the secretary of the Territory, and 
 when the governor shall have been informed of the 
 counties in which a majority has been given in favo.r 
 of the law, he shall announce the same by proclama- 
 tion, declaring that this law is in full force and vigor, 
 and where a majority is not had, this law shall not be 
 in force." 
 
 In December of 1856 certain features of the above 
 law were repealed as indicated by — 
 
 "An Act repealing an act, providing and establish- 
 ing means for the education of the youth of the Terri- 
 tory of New Mexico. 
 
 "Section 1. That the act providing and establish- 
 ing means for educating the youth of the Territory of 
 New Mexico, approved February 4th, 1856, be and 
 the same is hereby repealed. 
 
 "Sec. 2. That all sums of money collected under or 
 by virtue of said act proceeding from fines and taxa- 
 tion shall be returned by the treasurer of the funds of 
 education to the persons who contributed the same, 
 upon a certificate from the probate judge to that effect ; 
 and the probate judges of the several counties in which 
 said act took effect, and was in force, are hereby re- 
 quired to grant such certificate on demand of the party 
 interested or to his legal representative, upon being- 
 satisfied from the report of the collector or otherwise, 
 that the same had been collected from the party mak- 
 ing such demand. Provided, that all such demands 
 be made within one year from the date of this act, and 
 of such demand be not made within that time, the 
 claim shall be barred, and the amount so contributed 
 shall be paid into the county treasury. 
 
 "Sec. 3. That all expenses incurred by virtue and 
 under the authority of said repealed law, shall be paid 
 out of the county treasury under a certificate from the 
 probate judge or judges. Provided, that if there 
 should not be any money in the county treasury in 
 
 (15) 
 
 Four counties ex- 
 empt from the 
 school law. 
 
 Repeal of school 
 law. 
 
 Money collected 
 from fines and taxes 
 to be returned. 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 School law to be 
 published. 
 
 Memorial 
 1857 
 on school lands. 
 
 Reasons that 
 school lands are of 
 no value. 
 
 which the law was in force, the judges of probate of 
 the several counties shall be authorized to issue war- 
 rants sufficient to pay such sums. 
 
 "Sec. 4. That all suits commenced under said act, 
 shall be dismissed at the cost of the county in which 
 they were commenced, and the costs of the same shall 
 be paid out of the treasury of the proper county. 
 
 "Sec. 5. That the Governor is requested to furnish 
 each judge of probate, where the school law was in 
 force, with a copy of this act immediately after its ap- 
 proval. Provided, that the judges of probate are re- 
 quired to publish a copy of this law in each precinct of 
 their respective counties, by placing a copy thereof in 
 the most public places of such precincts on or before 
 the first day of February, 1857, in order that it may 
 reach the knowledge of all." Approved Dec. 23, 1856. 
 
 The Territorial Legislature early saw that the land 
 appropriated by congress for school purposes would 
 be of little avail for many years to come, so they asked 
 for a money appropriation in the following: — 
 
 "Memorial of the Legislative Assembly of the Terri- 
 tory of New Mexico to the Senate and House of 
 Representatives of the United States in Congress 
 assembled. 
 
 "Your memorialists, the Council and House of Rep- 
 resentatives of the Territory of New Mexico, would 
 respectfully represent : 
 
 "That the school lands set apart by congress for the 
 establishment and maintenance of public schools in 
 this Territory, have not been, are not at this time, and 
 will not be, for many years to come, of any avail to the 
 Territory for the purposes contemplated by congress. 
 
 "I. Because the lands now in cultivation, and all 
 the lands now in possession of the people of this Ter- 
 ritory, were donated and not sold to its proprietors by 
 the Spanish and Mexican governments. 
 
 "H. Because the land so donated are at this time 
 sufficient to produce all thq^ agricultural products for 
 which a market can be found in this Territory. 
 
 "HL Because the government of the United States 
 has donated to each individual of age and resident in 
 this Territory not possessed of lands, one hundred and 
 sixty acres of the public domain not otherwise appro- 
 priated, consequently our school lands, even after they 
 
 (16) 
 
Bulletin University of Nezv Mexico — No. 41 
 
 are known and designated, will remain for many years 
 unsold, from the fact that those who desire to make 
 new settlements will avail themselves of the donation, 
 instead of the more costly process of purchase. Your 
 memorialists would further represent, that the youth 
 of our Territory are entirely without the means of 
 education, except at an enormous expense, which it is 
 in the power of very few of our citizens to sustain ; 
 that we see no means, for many years, to effect a 
 change for the better education of our children, except 
 through the aid of congress, and knowing that appro- 
 priations for the useful purpose of education have al- 
 ways met the approbation of that body, we would re- 
 spectfully ask that a fund of five hundred thousand 
 dollars be appropriated for the benefit of the cause of 
 public schools in this Territory, this fund to be in- 
 vested in such stocks of government, state or corpora- 
 tion, as congress may deem most safe and profitable, 
 and the interest thereon applied to the purpose of edu- 
 cation in New Mexico, in such manner and under such 
 direction as congress in its wisdom shall deem most 
 conducive to the end proposed. With the aid of such 
 means, we have every hope that the cause of education 
 would prosper in our Territory, and our youth, in- 
 stead of remaining in ignorance of our history, laws 
 and institutions, would soon approach that state of 
 mental and moral cultivation which so much distin- 
 guishes all other parts of our country. While the in- 
 terest of this fund would be applied to the use of the 
 Territory for the purpose of education, the lands set 
 apart for our benefit, would remain as collateral securi- 
 ty for the appropriation, and only be used as a school 
 fund, when we would cease to have the benefit of the 
 appropriation, which it is the object of this memorial 
 respectfully to solicit. To say more upon the necessity 
 of this, or some other means by which this our Terri- 
 tory may be supplied with a common school fund, we 
 deem unnecessary ; suffice it to say, that we are entirely 
 without the means of education, such as it has been 
 the laudable object of the government to supply to all 
 the Territories, and we are sure that none need them 
 more or have a higher claim upon your consideration 
 and generosity than the Territory of New Mexico. 
 
 "Confiding in the liberality of your honorable bodies 
 and with the earnest hope that the subject of this 
 
 (IT) 
 
 Youth of New 
 Mexico without 
 means of education. 
 
 Five hundred 
 thousand dollars 
 asked for schools. 
 
 Liands as collater- 
 al security. 
 
HoDGiN — Barly School L,azvs of New Mexico 
 
 School code of 
 1860. 
 
 Teacher to re- 
 ceive fifty cents per 
 month for each 
 child. 
 
 Fine for not 
 sending children to 
 school. 
 
 Legal reasons for 
 not sending children 
 to school. 
 
 Pupils to furnish 
 fuel. 
 
 memorial will receive the attention which it merits, — 
 Your memorialists will ever pray, etc." Approved 
 Dec. 29, 1857. 
 
 In 1860 a new school code of laws was established 
 as follows : 
 
 "An Act providing means for the education of chil- 
 dren. 
 
 "Be it enacted by the Legislative Assembly of the 
 Territory of New Mexico : 
 
 "Section 1. That from and after the passage of this 
 act, it shall be the duty of the justices of the peace to 
 appoint annually, in each plaza of their respective pre- 
 cincts, a person capable of teaching the children of 
 such place the first rudiments of learning. Said per- 
 son shall be entitled to the sum of fifty cents per 
 month for each child. 
 
 "Sec. 2. The justices of the peace in their respec- 
 tive precincts, shall require every person, except those 
 excused by this act, to place their children in the school 
 established in his precinct, furnishing the necessary 
 books of learning and wood,* as has been the custom 
 in this Territory. Provided, that any perrson not 
 having good reasons for not sending his children to 
 such school, and who shall refuse or neglect to send 
 them, shall be required the second time to do so; and 
 should he then not comply, shall be considered as vio- 
 lati'ig the law, and shall be fined by the proper justice 
 of the peace, five dollars for contempt of the legal or- 
 der of the justice of the peace. 
 
 "Sec. 3. That any person may be excused frctu 
 sending his children to school for one of the following 
 reasons : 
 
 "1st. That he will take under his own charge, with 
 all possible diligence, the teaching of his own children. 
 
 "2d. That he has them under the care of another 
 j^erson who can instruct them more conveniently, and 
 who will be diligent in teaching them. 
 
 "3d. That necessity compels him to employ them 
 with the flocks, or at other employment incompatible 
 with their attending school. 
 
 *The furnishing of Vv'ood, I'efers to a time when each child 
 starting in the morning from home to school, was required to 
 carry a stick of wood under his arm to the school house and 
 deposit it at the front door. In this way the fuel was fur- 
 nished without expense to the district. 
 
 (18) 
 
Bulletin University of Nczv Mexico — No. 41 
 
 "4th. That the pupils are not under his charge; 
 that he has them bound out to another person, under 
 the law of masters and servants. 
 
 "Sec. 4. Said schools shall be opened annually 
 from the first day of November until the last day of 
 April, and during the remainder of the year this act 
 shall not be in force. 
 
 "Sec. 5. It shall be the duty of each justice of the 
 peace, in his precinct, to visit the schools monthly, and 
 inform himself of the progress that has been made ; 
 and if from said examination he shall find that the 
 teacher is .negligent or incompetent, he shall imme- 
 diately remove him from office and substitute another 
 in his place. 
 
 "Sec. 6. Every teacher appointed by the justice of 
 the peace by virtue of this act, before entering upon 
 the discharge of his duties, shall take an oath before 
 said justice of the peace to comply faithfully and le- 
 gally with the commission conferred upon him, and 
 that he will use the greatest diligence in the advance- 
 ment of his pupils. 
 
 "Sec. 7. That when from the smallness of the pop- 
 ulation of any plaza, or from any other cause, it would 
 be improper to appoint a teacher therefor, the justice 
 of the peace, whenever he may deem it advisable, and 
 it shall not be prejudicial, may collect the children of 
 two or more plazas, under the direction of one teacher. 
 
 "Sec. 8. Any justice of the peace who shall neglect 
 to comply with the duties imposed upon him by this 
 act, on conviction thereof, shall be fined in a sum not 
 exceeding ten dollars, nor less than five. 
 
 "Sec. 9. That the judges of probate shall have the 
 superintendence in order that the justices of the peace 
 comply with the requirements of this act, and shall 
 see that the provisions thereof be faithfully carried in- 
 to effect ; they may require them officially, or by infor- 
 mation, to comply, when the case may so require. 
 
 "Sec. 10. All fines recovered by virtue of this act 
 shall be paid into the treasury of the county in which 
 the neglect was committed. 
 
 "Sec. 11. That all laws or parts of laws in conflict 
 with this act are hereby repealed, and this act shall be 
 in full force from and after its publication." Approv- 
 ed January 27, 1860. 
 
 C19> 
 
 Length of school 
 year. 
 
 Justice of peace 
 to ^isit schools. 
 
 Oath re^juired of 
 teacher. 
 
 Children of two 
 or more plazas un- 
 der one teacher. 
 
 Fines. 
 
HoDGiN — Barly School Lazvs of Nezv Mexico 
 
 I860 
 Amendments. 
 
 Personnel of Ter- 
 ritorial Board of 
 Education. 
 
 Time and place of 
 meetings. 
 
 Authority to 
 make rules. 
 
 School funds. 
 
 Office of Territor- 
 ial Superintendent 
 of Schools. 
 
 Some amendments to the foregoing law were made 
 in 1863, viz : 
 "To amend An Act approved Jan. 27, 1860, entitled 
 
 'An Act providing means for the education of 
 
 children.' 
 
 "Be it enacted by the Legislative Assembly of the 
 Territory of New Mexico : 
 
 "Section 1. That there is hereby created a Board of 
 Education to consist of the Governor, the Secretary, 
 the Judges of the Supreme Court and the Bishop of 
 New Mexico, a majority of whom shall constitute a 
 quorum for the transaction of business. 
 
 "Sec. 2. Said Board of Education shall hold an 
 annual meeting on the first Monday of November of 
 each year at Santa Fe; and such other meetings as 
 they may deem necessary. Provided, that the first 
 meeting of said Board of Education shall be held on 
 the first Monday of March next. 
 
 "Sec. 3. The said Board of Education shall have 
 power to make all laws, rules and regulations neces- 
 sary for the education of all the children within the 
 limits of this Territory, and for that purpose may 
 cause to be established a sufficient number of schools 
 in each county in the Territory, so far as the school 
 funds will justify. 
 
 "Sec. 4. The said Board of Education shall have 
 power to employ the necessary teachers and provide 
 facilities such as school houses, etc., and determine 
 the compensation for the same. 
 
 "Sec. 5. All funds or money derived from the Gov- 
 ernment of the United States, from Territorial appro- 
 priations or from any other source intended for public 
 school purposes, shall be placed in the hands of the 
 Territorial Treasurer to be exclusively devoted to the 
 cause of education, and shall only be paid out by the 
 Treasurer upon warrants issued by the Auditor of the 
 Territory. 
 
 "Sec. 6. The Auditor of the Territory shall issue 
 no warrant upon the Treasurer for school funds un- 
 less upon the order of the Board of Education, ap- 
 proved by the Governor of the Territory. 
 
 "Sec. 7. There is hereby created the office of Ter- 
 ritorial Superintendent of Schools, who shall be ap- 
 pointed by the Governor with the advice and consent 
 of the Legislative Council of the Territory, whose 
 
 (.20).:, 
 
Bulletin University of Nezv Mexico — No. 41 
 
 term of office shall commence on the first day of March 
 and continue for a term of two years, or during good 
 behavior, and whose compensation shall be one thous- 
 and dollars per anum, to be paid out of any moneys 
 in the Territorial Treasury appropriated for school 
 purposes. 
 
 "Sec. 8. It shall be the duty of the Territorial 
 Superintendent of Schools to visit the schools in each 
 county once a year, and to furnish to the Board of Ed- 
 ucation at their annual meeting on the first Monday of 
 November of each year, a full report of the condition 
 of the schools and the funds which may come into his 
 hands for disbursement, and also perform all duties 
 which may be required of him by the Board of Edu- 
 cation. 
 
 "Sec. 9. The Territorial Superintendent of Schools 
 shall give bond with good security for the faithful per- 
 formance of the duties of his office, to be determined 
 and approved by the Board of Education and then filed 
 in the office of the Secretary of the Territory. 
 
 "Sec. 10. The Board of Education shall before the 
 15th day of November of each year, cause to be made 
 to the Governor of the Territory, a full report of the 
 condition of the schools and of the school fund ; a copy 
 of which report shall be transmitted to the Territorial 
 Legislature, at each session, with the message of the 
 Governor. 
 
 "Sec. 11. The Board of Education shall have 
 power to remove from office the Territorial Superin- 
 tendent of Schools whenever the said board shall deem 
 it necessary for the interests of education. In the 
 event of the removal, death or resignation of the Ter- 
 ritorial Superintendent of Schools, when the Legisla- 
 ture is not in session, the Governor shall have povver 
 to, appoint a successor till the annual meeting of the 
 Council. 
 
 "Sec. 12. The Board of Education and all the of- 
 ficers under it shall, before entering upon the duties 
 of their respective offices, take an oath to faithfully 
 perform the duties thereof, and also the oath of alle- 
 giance to the Government of the United States. 
 
 "Sec. 13. All acts and parts of acts which may be 
 in conflict with this act are hereby repealed, and this 
 
 (21^ 
 
 Duties of Super- 
 intendent. 
 
 Bond. 
 
 Report to Gover- 
 nor. 
 
 Board may re- 
 move Superintend- 
 ent. 
 
 Oatfa. 
 
HoDGiN — Marly School Laws of New Mexico 
 
 Resolutions ac- 
 cepting grant of 
 land for agricultur- 
 al purposes. 
 
 Strong appeal to 
 Congress for money 
 appropriations. 
 
 Not a public 
 school in New Mex- 
 ico in 1860. 
 
 act shall be in full force and effect from and after its 
 passage and approval by the Governor." Approved 
 January 28, 1863. 
 
 The following resolutions were passed when our 
 country was in the turmoil of Civil War in 1863: 
 
 "Preamble and Joint Resolutions: 
 
 "Whereas, The Congress of the United States did at 
 its last session, pass an 'Act donating public lands to 
 the several States and Territories which may provide 
 colleges for the benefit of agriculture and the mechan- 
 ic arts/ approved July 2, 1862, and 
 
 ''Whereas, By said act this Territory is entitled to 
 thirty thousand acres of public land, for the establish- 
 ment of an industrial college, and 
 
 ''Whereas, The said act of Congress provides that 
 the Legislature shall, within two years after the ap- 
 proval of said law by the President, make the accept- 
 ance thereof known — 
 
 "Therefore, he it resolved by the Legislative Assem- 
 bly of Nezu Mexico, That we hereby accept the benefits 
 of the act of congress granting lands for school pur- 
 poses, approved July 2, 1862, and 
 
 "Be it further resolved, That His Excellency the 
 Governor of this Territory is hereby requested to com- 
 municate to His Excellency the President of the Unit- 
 ed States our acceptance thereof, and he adopt the 
 necessary measures to place all the moneys accruing 
 therefrom into the hands of the Curators of the Indus- 
 trial College to be located at the city of Santa Fe,, New 
 Mexico." Approved January 16, 1863. 
 
 Another appeal is made for money appropriation for 
 schools : 
 
 "Memorial to the Congress of the United States. 
 
 "Your memorialists, the Legislative Assembly of 
 the Territory of New Mexico would most respectfully 
 represent that the provisions made by congress for 
 schools in this Territory are utterly inadequate. The 
 peculiar topography of New Mexico renders unavaila- 
 ble the sixteenth and thirty-sixth section of land which 
 has been set apart by congress, and will leave this ter- 
 ritory without any aid from the government of the 
 United States, unless your honorable body will fur- 
 nish it by an appropriation in money equal to the 
 amount appropriated to other States and Territories 
 in lands. In 1860 the population of this Territory was 
 
 (22) 
 
Bulletin Univemty of New Mexico — No. 41 
 
 93,516 persons, of which number there were 57,23.^ 
 who could not read or write, and there is not a public 
 common school in the Territory. 
 
 "We would therefore ask your Honorable Body to 
 make an appropriation in lieu of the lands set apart, 
 the interest of which shall annually be appropriated for 
 common school purposes. And your petitioners as in 
 duty bound will ever pray. 
 
 "Resolved by the Council, the House of Representa- 
 tives concurring therein, That the Hon. W. F. IM. 
 Arny, Secretary of the Territory, be and is hereby re- 
 quested to forward copies of the foregoing- to the 
 President of the Senate and Speaker of the House of 
 Representatives of Congress of the United States, and 
 to the Hon. J. Francisco Chavez, our Delegate in Con- 
 gress." (Session of 1866-67.) 
 
 School Laws Amended, 1867. 
 
 "Amendatory of An Act providing means for the 
 education of children, approved January 28, 1863. 
 
 "Be it enacted by the Legislative Assembly of New 
 Mexico : 
 
 "Sec. 1. The judges of probate of the several coun- 
 ties comprising the Territory of New Mexico, shall be 
 recognized as superintendents of the schools that shall 
 be established by virtue of this act in their respective 
 counties. 
 
 "Sec. 2. Each electoral precinct in each county is 
 hereby constituted a school district, and the justice of 
 the peace of the respective precinct shall be recognized 
 as the superintendent of his respective school district. 
 
 "Sec. 3. It is hereby the duty of each probate judge 
 within his respective county, as superintendent of pub- 
 lic schools therein, to have general superintendence 
 over the common schools that shall be established in 
 his respective county, and visit the same once ever)' 
 year, for the purpose of examining the progress there- 
 in, and examine into the general interest taken in re- 
 erard to education in the different school districts of 
 which his county is composed ; provided, that it shalj 
 also be his duty to file and carefully preserve in his of- 
 fice all the official reports made by the different jus- 
 tices of the peace of their respective county. 
 
 "Sec. 4. It is hereby made the duty of each justice 
 of the peace in each precinct to appoint yearly a capa- 
 ble person to teach the children of said precinct the 
 
 (23) 
 
 1866-67 
 J. Francisco 
 Chavez, Delegate in 
 Congress. 
 
 School laws 
 amended. 
 
 Probate judges as 
 county superintend- 
 ents. 
 
 Duties of county 
 superintendent. 
 
 Appointment of 
 teachers. 
 
HoDGiN — Barly School Laiv^ of New Mexico 
 
 Fifty cents per 
 month for each 
 pupil. 
 
 Duties of justice 
 of the peace. 
 
 School duties of 
 probate Judge. 
 
 Subscriptions ask- 
 ed for school pur- 
 poses from the 
 wealthy. 
 
 first rudiments of education, and to require that dur- 
 ing the months of November, December, January, 
 February, March and April of each year, a school be 
 opened in his precinct to which all school children over 
 the age of seven years and under the age of eighteen 
 years shall be sent ; provided, that every father of min- 
 ors or guardians of children shall furnish such minors 
 with the necessary books, paper, ink and wood, and 
 shall also pay the sum of fifty cents per month, which 
 shall be applied to the payment of the teacher and 
 house rent; provided further, that all heads of famil- 
 ies who are too poor to make such payment shall be 
 exempted therefrom. 
 
 "Sec. 5. In order to carry out the provisions of the 
 foregoing section it is hereby made the duty of each 
 justice of the peace, in his respective school precinct, 
 one month before the time designated for the opening 
 of said school, to ascertain the number of persons with- 
 in his precinct of the age hereinbefore designated in 
 the foregoing section, and also to ascertain the number 
 of persons, to the best of his ability, who are exempted 
 from supplying the articles and quota v^^hich by the 
 foregoing section are required, and having ascertained 
 the fact, he shall forward a certified copy of the list to 
 the probate judge of his county for his inspection. 
 
 "Sec. 6. Each probate judge of his respective coun- 
 ty as superintendent of the schools thereof, on receiv- 
 ing the list of the children there are in each school pre- 
 cinct, shall proceed to make such rules as he may deem 
 necessary in order to establish the schools for the time 
 specified in the said foregoing section of this act; pro- 
 vided, that in case the quota set forth for the payment 
 of teachers and house rent should not be sufficient, the 
 said probate judge is hereby authorized to draw a war- 
 rant on the treasury of his respective county for the 
 sum of money necessary to establish such school ; pro- 
 vided, that if in the opinion of said probate judge 
 schools cannot be established in each school precinct 
 for the want of funds sufficient to pay the expenses 
 thereof, in such case the said schools shall be opened 
 in those precincts in which there are the greatest num- 
 ber of children. 
 
 "Sec. 7. Whereas education is one of the branches 
 of greatest importance as regards progress, therefore 
 an appeal is hereby made to the patriotism of every 
 
 (24) 
 
Bulletin University of New Mexico — No. 41 
 
 person interested in the welfare of the Territory of 
 New Mexico to co-operate in so laudable an object, 
 and the judges of probate are hereby required, at the 
 regular July terms of their courts in their respective 
 counties, to appoint a commission composed of two 
 persons, residents of their county, of the greatest re- 
 spectability and integrity, to open a voluntary subscrip- 
 tion among the persons of wealth of their county, and 
 the proceeds arising therefrom shall be used for the 
 education of such children as those whose parents or 
 guardians, from their poverty, are unable to pay the 
 quota. designated for educational purposes. 
 
 ''Sec. 8. That the probate judges of each county 
 on the receipt of the report of the commission and the 
 money that shall have been contributed, such money 
 shall be paid by the probate judge into the county 
 treasury of their respective counties, and said judge 
 of probate together with the commission shall deter- 
 mine as to the sum of money necessary for the pur- 
 chase of books and other materials for the education 
 of the children of the different school precincts of 
 their respective counties, which shall be distributed in 
 due tim.e for the use of said children ; Provided, that 
 said deliberation of the said judge of probate and the 
 commission shall be recorded in a book to be kept for 
 such purpose, and the sums of money so contributed to 
 be expended and to be deposited in the county treas- 
 ury, shall be drav/n from the said treasury on an order 
 signed by the probate judge and attested by one of the 
 commission. 
 
 "Sec. 9. That it shall be the duty of the probate 
 judge, as superintendent of schools in his county, to 
 make a report annually to the Legislative Assembly 
 specifying therein the number of schools in his county, 
 the number of scholars in each school and the expenses 
 atending the same, and the resources to supoprt said 
 school. 
 
 "Sec. 10. Each father of a family or guardian who, 
 shall have children under their charge over the age 
 of seven years, and under the age of eighteen years, 
 are hereby required to send them to the school to be 
 opened in their respective precincts, and the said fath- 
 ers of families or guardians shall only be exempted 
 from such duty when such children shall have iDeen 
 placed in other schools ; provided, that the justices of 
 
 (25) 
 
 Distribution of 
 money. 
 
 Report 
 ture. 
 
 to legisla- 
 
 Scliool age 
 to eighteen. 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 Money from fines 
 for school purposes. 
 
 Appeal to Con- 
 gress in 1867 for 
 help in educating 
 certain Indians. 
 
 Father DeBleick 
 recommended as 
 teacher of the In- 
 dians. 
 
 the peace in their respective school precincts shall ex- 
 ecute the provisions of this section. 
 
 "Sec. 11. Any justice of the peace who shall fail 
 to comply with the duties herein imposed, on convic- 
 tion thereof before the judge of probate, shall be fined 
 in any sum not less than five dollars, nor more than 
 twenty-five dollars. 
 
 "Sec. 12. That any judge of probate who shall fail 
 to comply with the duties herein specified, on convic- 
 tion thereof before the district court, shall be liable to 
 be fined in any sum not less than fifty dollars nor more 
 than one hundred dollars. 
 
 "Sec. 13. All fines arising under the provisions of 
 this act shall be used for school purposes of the re- 
 spective counties. 
 
 "Sec. 14. All acts and parts of acts in conflict with 
 this act are hereby declared null and void, and this 
 act shall be in force from and after its passage." Ap- 
 proved January 31, 1867. 
 
 An appeal for the education of certain Indians, 
 1867. 
 
 "Memorial to the Senate and House of Representa- 
 tives of the United States of America in Congress 
 
 assembled : 
 
 "Your memorialists, the Legislative Assembly of the 
 Territory of New Mexico, respectfully represent, that 
 there are now held as prisoners at the Bosque Redon- 
 do a large number, about eight thousand, of Navajo 
 Indians; that these Indians, so long the scourge of 
 New Mexico, have been permanently established upon 
 a reservation at that place, and have acquired a knowl- 
 edge of agriculture and habits of industry, and have 
 already exhibited in a large degree an inclination to 
 become civihzed ; Now therefore that they may be en- 
 couraged in that inclination, and to the end that their 
 welfare may be promoted, it is highly important that 
 they should have teachers and be furnished with books 
 and other means necessary to their social and moral 
 improvement. 
 
 "Your memorialists therefore respectfully ask that 
 your honorable bodies will make such appropriations 
 for the support of school teachers, and the purchase of 
 books, etc., as you may deem necessary and proper. 
 
 "Your memorialists further represent that the Rev- 
 erend Father DeBleick. a Catholic priest of high 
 
 (26) 
 
Bulletin University of Nezv Mexico — No. 41 
 
 standing and character as a missionary, has dedicated 
 himself to the cause of education and rehgion, that he 
 has devoted much time to a study of the condition and 
 the wants of the Navajo Indians, and that he under- 
 stands fuhy the character and capacity of these Indians 
 for improvement. 
 
 Your memoriahsts therefore respectfully recom- 
 mend the Reverend Father De Bleick to your honora- 
 ble bodies, and to the heads of departments of the fed- 
 eral government, as a person whose views and plans 
 for the education and improvement of the Indians re- 
 ferred to are entitled to the highest consideration. And 
 your memorialists as in duty bound will ever pray, 
 etc." (Sessions of 1867-68.) 
 
 At the same session of the Legislature, an appeal 
 was made to Congress for a grant of land from one 
 or more States for school use in New Mexico, as fol- 
 lows : 
 
 "Memorial to the Senate and House of Representa- 
 tives of the United States of America in Congress 
 assembled : 
 
 "Your memorialists, the Council and House of 
 Representatives of the Territory of New Mexico in 
 session assembled, most respectfully represent that a 
 system of common school education is very essential 
 in this Territory, that the means for such a system are 
 not to be found here, and unless the strong arm of the 
 government of the United States gives us aid, we will 
 remain at least for a series of years deprived of the 
 great blessing of common schools for the education of 
 future generations. 
 
 "And your memorialists, the Legislative Assembly 
 aforesaid, beg leave further to represent that at the 
 time of the acquisition of this Territory by the federal 
 government, it had been settled for a long priod of 
 time, and had a large population, and that much of the 
 territory susceptible of cultivation had at that time/ 
 been taken up by settlers, whereby the domain form- 
 ing a part of the public land system of the United 
 States, so far as New Mexico is concerned, has been 
 greatly limited, and that in view of the mountainous 
 character of the country as also the great extent of 
 the public or desert lands of the Territory, all combin- 
 ed, the public domain affords but a small fraction out- 
 
 (27) 
 
 Memorial regard- 
 ing the need of help 
 for education. 
 
 vSehool lands not 
 available for rev- 
 enue. 
 
HoDGiN — Barly School I^aws of New Mexico 
 
 Appropriation of 
 land in the States 
 Esked for. 
 
 An earnest plea 
 for help. 
 
 1872 
 Poll tas. Idiots 
 excepted. 
 
 Money 
 fund. 
 
 for school 
 
 side of sections sixteen and thirty-two provided by law 
 from which to select school lands. 
 
 "Your memorialists therefore respectfully ask that 
 Congress at an early day make an appropriation of 
 land in one or more of the land states for the use of 
 this Territory as a school fund; such appropriation to 
 be in an amount equal to that to which New Mexico 
 would be entitled with sections sixteen and thirty-two 
 of the public domain, supposing she had enjoyed the 
 same as did most of the new States when in a ter- 
 ritorial condition. 
 
 "The peculiar situation of New Mexico affords in 
 itself, in the opinion of your memorialists, the strong- 
 est argument in favor of the appropriation asked, and 
 your memorialists sharing in the common desire of 
 their constituents for the encouragement of education 
 and learning in the Territory, humbly present the case 
 to your honorable bodies, trusting in that generosity 
 on the part of our government towards New Mexico 
 which has, heretofore been so liberally extended in the 
 premises towards our sister territories. 
 
 "And your memorialists as in duty bound will ever 
 pray, etc. 
 
 "Resolved, That the Honorable Secretary of the 
 Terrirtory be and is hereby requested to transmit to 
 the President of the United States and Speaker of the 
 House of Representatives of the United States, and to 
 our Hon. Delegate in Congress, certified copies of the 
 above memorial." (Session of 1867-68.) 
 
 In 1872 a law for poll tax was passed as shown in 
 the following, in Section 7 of "An Act amending the 
 Revenue Laws" : 
 
 "There shall be assessed upon and collected from 
 every male citizen above the age of twenty-one years 
 resident of this Territory, idiots and persons of un- 
 sound mind excepted, an annual poll tax of one dollar 
 each, and the tax so collected shall be applied to school 
 purposes exclusively." 
 
 Sec. 10. of the same act reads as follows : "Be it 
 further enacted, That whenever there shall be a sur- 
 plus of more than five hundred dollars in the treasury 
 of any county after paying the current expenses of 
 such county, all of such surplus above five hundred dol- 
 
 (28) 
 
Bulletin University of New Mexico — No. 4i 
 
 lars shall be turned over to the school fund of said 
 county." 
 
 1872. 
 An act concerning supervisors of public schools, and 
 their duties. 
 
 "Section 1. That from and after the passage of this 
 act, it shall be the duty of the people of this Territory 
 at the first general election to elect in each county :rf 
 this Territory respectively, a board of supervisors 
 and directors of public schools for each county, which 
 shall consist of four persons the most fit and competent 
 and of good repute, who shall have resided in such 
 county and territory not less than five years, and who 
 shall be heads of families, owners of real estate, and 
 citizens of the United States; provided, that the pro- 
 bate judge of each county shall be one of such board 
 and president of the same; and provided further, that 
 the members of such board shall receive as full com- 
 pensation for their services the sum of one dollar a 
 day each, to be paid from the funds of the county upon 
 the certificate of the president of such board, and that 
 their sessions shall not exceed five days each term. 
 
 "Sec. 2. The board of supervisors and directors of 
 each county created by virtue of this act shall have the 
 sole and entire management, supervision and control 
 of the public schools within their respective counties, 
 and shall make such rules and regulations for the gov* 
 ernment, system and organization of said schools as 
 shall be most proper, suitable and necessary for the 
 local requirements and circumstances of each county. 
 
 "Sec. 3. Said board of supervisors and directors o{ 
 public schools shall have entirely and exclusively the 
 management and supervision of the school funds in 
 their respective counties, and of the control and ex- 
 penditure thereof, and no account shall be paid by the 
 treasurer of the county from the public school fund 
 which shall not have been first examined and approved 
 by the board of supervisors or a majority thereof. 
 
 "Sec. 4. The county treasurers shall be respectively 
 treasurers of the public school fund within their re 
 spective counties, and are required to give a bond in 
 double the amount assessed in their respective coun- 
 ties for the faithful disbursement and management 
 thereof. 
 
 Qualifications of 
 school officers. 
 
 Management of 
 schools. 
 
 School funds. 
 
 (2£) 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 County Board to 
 meet quarterly. 
 
 School report to 
 be published. 
 
 Congress neglect- 
 ful of New Mexico. 
 
 Citizens loyal to 
 the government. 
 
 "Sec. 5. It is the duty of each county board respec- 
 tively within their counties to assemble once every 
 three months for the purpose of acting upon all school 
 matters within their counties, and to inspect and ex- 
 amine the same for the better management, system, 
 and regulation of said schools. 
 
 ''Sec. 6. It shall be the duty of the board of school 
 commissioners in each county to publish annually in 
 some newspaper published within their respective coun- 
 ties, and if none be published in such county, then and 
 in that case the newspaper published nearest to the 
 county, a complete statement of all funds received by 
 the treasurer for school purposes, how and for what 
 purposes the same may have been disbursed, the num- 
 ber of schools in the county, and the number of schol- 
 ars attending the same. 
 
 "Sec. 7. This act shall be in force from and after 
 its passage, and all laws or parts of laws in conflict 
 with this act are hereby repealed." Aprroved Feb. 1, 
 1872. 
 
 CONGRESS NEGLECTFUL OF NEW MEXICO. 
 
 A mem.orial was sent by the New Legislature to 
 Congress in 1872, v/hich while not bearing directly 
 upon educational matters, shows the earnestness of the 
 appeals to the national government, and how the gov- 
 ernment at Washington has failed to grant needed as- 
 sistance, and assistance which by virtue of conditions 
 was due New Mexico. Only extracts from this mem- 
 orial are quoted as follows : 
 
 "Your memorialists, the Legislative Assembly of the 
 Territory of New Mexico, now in session, most re- 
 spectfully represent to your honorable body. 
 
 "That during the time New Mexico was taken pos- 
 session of by the United States, from that time our 
 citizens cheerfully adopted the new government, de- 
 claring themselves citizens of the United States, and 
 placing themselves cheerfully under the protection of a 
 government masrnanimous and illustrious; Our citi- 
 zens have always been faithful to the government and 
 from that time always ready to preserve the integrity 
 of the institutions of the United States, and support its 
 Constitution and defend the national integrity." 
 
 The memorial then points out the service rendered 
 by the militia of New Mexico against hostile Indians ; 
 how citizens volunteered and enlisted during the Civil 
 
 (30) 
 
Bulletin University of New Mexico — No. 41 
 
 War in the service of the United States with the right 
 to enjoy the emoluments of soldiers in the army. 
 
 "But your memorialists further represent that our 
 citizens have never received any pay, recompense or 
 emoluments for their services rendered." Again 
 
 "Your mmorialists further represent that we are in- 
 formed that the greater part of the States and Terri- 
 tories under the flag of the United States, and under 
 their magnanimity, have been paid; and that our citi- 
 zens alone suffer and will suffer if the benevolence of 
 your honorable bodies does not devise means adequate 
 
 to settle our just claims. 
 
 * * * * * 
 
 "Your memorialists in the name of the people of 
 New Mexico, raise our supplications to our magnani- 
 mous government, as the source from which flows the 
 blessing to the people; we are a people, respectful, 
 faithful and obedient. Our love for our institutions is 
 engraved in our hearts with indelible characters, for 
 this reason we appeal to your sense of justice, an«l 
 your memorialists will ever pray, etc." 
 
 [New Mexico sent 6,500 soldiers from among her 
 citizens to the Civil War.] 
 
 "An Act to amend the School Law. 
 
 1874. 
 
 "Section 1. The Territorial Superintendent of 
 Public Schools, as now provided by law, is by this act 
 required to make to the governor, an anual report for 
 the use of the Legislative Assembly, which shall con- 
 tain the following items : 
 
 "1st. The number of schools in each county; and 
 the number of pupils taught. 
 
 2nd. The number of teachers employed and then- 
 salary designating male (teachers) from female. 
 
 3rd. The number of pupils in each precinct, and the 
 average attendance thereof. 
 
 "4th. The branches taught in the schools. , 
 
 "5th. That he shall furnish blanks for the reports 
 of the supervisors and directors of schools. 
 
 "Sec. 2. The board of supervisors and directors of 
 public schools for each county shall make a report to 
 the Territorial Superintendent of Public Schools, :it 
 such times, and containing such things, and in such 
 
 (31) 
 
 Soldiers from 
 New Mexico to the 
 Civil War vere 
 never paid for their 
 semices. 
 
 Pitiable plea for 
 
 justice. 
 
 Six thousand five 
 hundred soldiers to 
 the Civil War. 
 
 School laws 
 amended in 1871. 
 
 Report to be 
 made by Territorial 
 Superintendent. 
 
 County reports. 
 
HoDGiN — Marly School Lazvs of New Mexico 
 
 Tdrritorial Libra- 
 vian. 
 
 Fines for selling 
 liquor to minors and 
 Indians to go to 
 school funds. 
 
 Strict Sunday law. 
 
 f'orni, as may be prescribed by the rules and regula- 
 tions of this act. 
 
 "Sec. 3. In case of sickness or other inability of 
 any of the members of the board of supervisors, to ful- 
 fil their duties, the judge of probate of the county, is 
 hereby authorized to discharge the duties and exercise 
 the power of the board of the county. They shall re- 
 ceive a per diem of three dollars for each day they 
 are in session, payable out of the county funds. 
 
 "Sec. 4. The auditor of public accounts is hereby 
 authorized and required to fill the requisition of the 
 Territorial Superintendent of Public Schools, for sta- 
 tionery; and to provide for the printing of all the 
 blanks and forms required by this act. 
 
 "Sec. 5. The Superintendent of Public Schools 
 shall be ex-officio Territorial Librarian, and is hereby 
 vested with all the powers, and charged with all the 
 duties of that office, and shall receive the emoluments 
 of that office, and no more, as an entire compensation 
 for his services." (The librarian's salary had been 
 $150 a year, and $30 for incidental expenses.) 
 
 "Sec. 6. The supervisors and directors of public 
 schools shall be elected at the general election for ter- 
 ritorial and county officers." Approved Jan. 9, 1874. 
 
 Some Special Fines as School funds. 
 
 1876. 
 
 A fine of ten to fifty dollars was imposed by tax, 
 January, 1876, upon any person who should sell, give 
 or deliver any spirituous or fermented liquor to a 
 minor under the age of eighteen. And a fine of twen- 
 ty to one hundred dollars upon any who was convicted 
 of selling or delivering liquor or wine to any Indian 
 under the charge of an agent or superintendent of In- 
 dians. 
 
 All moneys so collected went into the school funds 
 of the county where the offense was committed. 
 
 The Sunday law passed in 1876, was very strict. 
 No person should be engaged in any games or sports, 
 or in horse racing, cock fighting, dancing, or the sell- 
 ing of any kind of merchandise, or engaged in any la- 
 bor, except works of necessity, charity, or mercy. For 
 violation of this law the fine was fixed at from ten to 
 fifty dollars for the first offense, or from twenty-five to 
 one hundred dollars for any subsequent offense, and 
 
 (32) 
 
Bulletin University of New Mexico — No. 41 
 
 half of the proceeds went into the school fund. Thera 
 were some exceptions in the selling of merchandise, as 
 the sale of drugs and some other necessities. 
 
 A fine of not less than fifty dollars could be imposed 
 on persons violating certain marriage laws. No mar- 
 riages should be celebrated between relations and 
 children, grandfathers and grandchildren, between 
 half brothers and sisters, or brothers and sisters, un- 
 cles and nieces, aunts and nephews, and first cousons. 
 For violation of this law, or for marriage of partici; 
 under the age of 18 and 21, the fine might be any sum 
 not less than fifty dollars, and the same amount could 
 be imposed upon any minister or authority who cele- 
 brate such marriage. 
 
 All fines collected for these violations were to be 
 paid into the county school fund. 
 
 BURIAL OF THE DEAD IN A CHURCH. 
 
 It was unlawful to bury the remains of any deceased 
 person in any church, or in any cemetery within the 
 interior limits of any village, town or city, or in any 
 church wherever it was situated; in case it was at the 
 time used for religious worship. 
 
 For the violation of the above laws the fine should 
 not exceed five hundred dollars, and if collected, should 
 go into the school fund. 
 
 The law of 1876 required that all streams and 
 springs of water should be free to travelers. If hind- 
 ered in its use, or compensation be demanded, such 
 party was liable to a fine of twentyfive to fifty dollars, 
 the amount to be paid into the school fund. 
 
 INTEREST IN EDUCATION. 
 
 The report of Secretary Ritch in 1876 to the Com- 
 missioners of Education gives the following statement 
 as illustrative of the interest manifested by some of 
 the native people in the education of their children : 
 
 Judge Gallegos, the president of the school board of' 
 Rio Arriba, writes of the extreme solicitation of par- 
 ents to have their children attend school. Some who 
 are quite poor * * * make great sacrifice that their 
 children may attend school at some distance. Others 
 so poor as to be unable to purchase school books, send 
 their children provided with stray leaves of old books 
 from which to glean some of the elements of education. 
 
 (S3) 
 
 Marriage laws. 
 
 The dead not to 
 be buried in the 
 
 CllUPCll. 
 
 Fines to go to 
 school fimd. 
 
 Running water 
 free to travelers. 
 
 Interest in educa- 
 tion. 
 
HoDGiN — Barly School Lazvs of New Mexico 
 
 Recommendations 
 of Governor Axtell 
 in 1876. 
 
 Teachers required 
 to be able to read 
 and write. 
 
 School In Berna- 
 lillo County 1875. 
 
 Schools in Santa 
 Fc County in 1875. 
 
 Development 
 made from 1829 to 
 1906. 
 
 The report stated that there was a deep interest in ed- 
 ucation among the masses. 
 
 Some recommendations of Governor Axtell in 1876, 
 on education are interesting, especially on co-educa- 
 tion. He urges that the girls have equal opportuni- 
 ties with the boys and says : "If only one sex can have 
 the advantages of the common school, let it be the fe- 
 males." He recommends that women be procured as 
 teachers wherever it is possible, as they are the best 
 qualified to teach young children, and then adds, — 
 "Pay them the same wages you would pay men for 
 the same work." 
 
 It is somewhat interesting to note that as late as 
 1889 the following law should be passed: "That here- 
 after in this territory no person who cannot read and 
 write sufficiently to keep his own record in either 
 English or Spanish languages, shall be eligible to be 
 elected or appointed to hold the office of school teach- 
 er, school director, school treasurer, etc." This law 
 made school teachers exempt from jury service while 
 teaching, but did not disqualify from such service. 
 
 Very few changes of importance were made in the 
 school laws from 1876 until 1891, at which time a 
 fairl}^ adequate code of school laws was established, 
 enabling the cities and towns, especially, to organize 
 good systems of schools. These have made remarka- 
 ble advancem.ent, and the country schools are being 
 greatly improved. 
 
 As an illustration of the condition of schools in 
 1875, the County of Bernalillo had but eighteen pub- 
 lic school teachers, all male, and the schools were for 
 boys, none for girls, none were co-educational. The 
 average salary per month of these teachers was $22.22 
 for five and a half months. 
 
 Santa Fe County, the same year, 1875, had fourteen 
 public school teachers, four of whom were female 
 teachers, the salary averaging $26.18 a month for ten 
 months. One of these schools was for girls, and six 
 were mixed schools. 
 
 In 1829 the whole Territory of New Mexico had 
 but eighteen schools, and eighteen teachers, with a to- 
 tal population of 43,433. 
 
 In 1875 there were reported for the entire Territory 
 only 138 schools, with 147 teachers, 
 
 (Si) 
 
Bulletin University of New Mexico — No. 41 
 
 III 1906, there are more than 1,000 teachers, witli 
 about 50,000 pupils enrolled in the schools of New 
 Mexico, and Hon. B. S. Rodey states that according 
 to population, New Mexico today spends more money 
 in the education of her youth than any jurisdiction, 
 State or Territory in the nation without exception. 
 
 Statistics show that in 1902 the amount of $1,100,- 
 000 was raised in New Mexico by taxation and license 
 and spent for education. 
 
 The excellent progress that has been made in edu- 
 cation has come very slowly and without national aid, 
 but by means furnished from within the Territory and 
 from religious organizations. Much more rapid could 
 have been the development had the national govern- 
 m.ent made ample provision for schools in the begin- 
 ning. 
 
 For convenience of reference the names are here 
 added of all the territorial superintendents of public 
 instruction, the governors of New Mexico and all the 
 
 Hon. 
 quoted. 
 
 B. S. Rodey 
 
 delegates to congress 
 
 Instruction of New 
 
 Superintendents of Public 
 Mexico — 
 
 1891-97— Amado Chaves. 
 
 1897-9— Placiva Sandoval. 
 
 1899-01— Manuel C. de Baca. 
 
 1901-0-1 — J. Francisco Chaves. 
 
 1904-05— Amado Chaves. 
 
 1905- —Hiram Hadley. 
 
 The following is a list of the Governors of New 
 jMexico from the time of territorial government : 
 
 1851-52 — James S. Calhoun. 
 
 1852-53— William C. Lane. 
 
 1853- — Solon Borland. 
 
 1853-58— David Merriwether. 
 
 1858-61 — Abraham Rericher. 
 
 1861-65— Henry Conollv. 
 
 1865-67— Robert B. Mitchell. 
 
 1867-69— William F. N. Arnv. 
 
 1869-71— William A. Pile. 
 
 1871-76 — Marsh Biddings. 
 
 1876-78— Samuel B. Axtell. 
 
 1878-82— Lew Wallace. 
 
 1882-85— Lionel A. Sheldon. 
 
 1885-89— Edmund G. Ross. 
 
 1889-93— L. Bradford Prince. 
 
 No natioiial aid 
 for New Mexico. 
 
 Superintendents 
 of Public Instruc- 
 tion. 
 
 Names of Gover- 
 nors of New Mexi- 
 co. 
 
 (35) 
 
Nineteen different 
 
 HoDGiN — Barly School Laws of New Mexico 
 
 1893-97— Wm. T. Thornton. 
 1897-05— Miguel A. Otero. 
 1905- — Herbert J. Hagerman. 
 In the history of New Mexico, there have been nine- 
 teen different delegates to congress : 
 
 De7egates"to"con-"' William S. Messervy 1849-51 
 
 ?r^' Richard H. Weightman, Santa Fe 1851-53 
 
 Jose Manuel Gallegos, Albuquerque 1853-55 
 
 Miguel A. Otero, Albuquerque 1856-61 
 
 John S. Watts, Santa Fe 1861-63 
 
 Francisco Perea, Bernalillo 1863-65 
 
 J. Francisco Chaves, Santa Fe 1865-67 
 
 Charles P. Cleaver, Santa Fe 1867-68 
 
 J. Francisco Chaves, Santa Fe 1868-71 
 
 Jose Manuel Gallegos, Santa Fe 1871-73 
 
 Stephen B. Elkins, Santa Fe 1873-77 
 
 Trinidad Romero, Santa Fe 1877-79 
 
 Mariano S. Otero, Peralta 1879-81 
 
 T. Luna, Las Lunas 1881-83 
 
 F. A. Manzanares, Las Vegas 1884-85 
 
 Antonio Joseph, Ojo Caliente 1885-95 
 
 Thomas B. Catron, Santa Fe 1895-97 
 
 H. B. Fergusson, Albuquerque 1897-99 
 
 Pedro Perea, Bernalillo 1899-01 
 
 Bernard S. Rodey, Albuquerque 1901-05 
 
 W. H. Andrews, Albuquerque 1905- 
 
 LIBRARY OF CONGRESS 
 
 020 312 146 5 
 
 (38) 
 
^ 
 
LlBRftR"^ 
 
 CONGRESS 
 
 't'