The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-20
Comstitutiom of New Mexico.

We are indebted to the Hon. HUGH n.
SMITH for a copy, just received by him, of this
interesting document. The hasty examination
we have been able to make, before putting it into
the hands of the compositors, shows very little
| in which il departs from the current of recent
constitutional enactments. Within the past
three years number of the States have sub
jected their fundamental law To revision, and
certain provisions seem to have recommended
themselves to so general favor as to be almost
uniformly adopted. Such is that which is
found in the constitution framed at Santa Fe,
prohibiting the creation of corporations by spe-
cial laws, except for municipal purposes; and
requiring provision TO be made by general laws
for the organization of all other corporations.
In the instrument before us the power Of the
Legislature to provide for the establishment of
banks, under general law, is made contin
gent upon the appreciation of the people, to be
expressed at general election. OF the same
stereotyped character is the provision prohibit
ing the loan of the credit of the State to any in
dvidual, corporation, or association.
A provision in this instrument, which strikes
us extraordinary and highly Objectionable, is
that which confines the power of granting di-
vorces from the bond of matrimony to the Leg
islature, and requires it to be exercised by spe-
cial act. This is making the continuance of
the closest relation of human life--that which
the interests of morals and social order demand
should be indissoluble, except in cases, few,
clearly defined and indisputably established
depend upon the discretion of Legislature,
exercised arbitrarily and without rule.
| The clause inhibiting the Legislature from
passing retroactive laws, as well as those which
are e1 post facto, OF which impair the obligation
of contracts, is calculated to relieve the courts
| from question often of great embarrassment.
The popular understanding of the words er
post jaeto, as applied to statute, makes them
equivalent to retroactive, but the judicial in
depreciation which has been put upon the pro-
hibition of er post jactO laws in the Federal
Constitution limits Its scope to statutes which i'm
pose a penalty upon acts committed before their
enactment, not forbidden as criminal al the time.
Statutes often operate most injuriously upon
private rights, from their retrospective effect.
which are not technically er post facto laws,
and which conflict with no absolute contract.
A man may thus be subjected to law of which
he is not only ignorant, but which is impos-
sible that he should know, because it is not in
existence. The struggle of the courts to avoid
a construction of the law conflicting with the
natural sense of right, results often in vio-
lence OF Interpretation which greatly impairs
the moral force of their decisions, OF an acknow-
lodged inability to do justice, which weakens
the respect of the people for the law and its
administration.
! very gratifying provision in the proposed
constitution is that which secures the general
diffusion of knowledge, by setting apart one
twelfth of the revenues of the State as per
petual and inviolable fund for the establish
ment and maintenance offree schools.
The preamble describing the boundaries of
New Mexico; the first article in the declaration
Of rights prohibiting the servitude of males
above the age of twenty zone years, and females
above the age of eighteen, unless they are
bound by their own consent after they arrive
at such age, or are bound by law for punish
ment of crime;" and article 9Th, relating TO the
right Of suffrage, of such interest to render
/ it unnecessary TO invite attention TO them