CHAPTER IV. EARLY TERRITORIAL DAYS.
GOVERNOR GOODWIN'S SWING AROUND THE CIRCLE—PROCLAMATION ORGANIZING TUCSON AS A MUNICIPALITY—PROCLAMATION SETTING TIME FOR ELECTION OF DELEGATES TO CONGRESS AND MEMBERS OF FIRST TERRITORIAL LEGISLATURE—ORGANIC ACT—RESULT OF FIRST VOTE FOR DELEGATE TO CONGRESS—CHARLES D. POSTON—CHARLES LEIB—WILLIAM D. BRADSHAW—S. ADAMS—WM. J. BERRY—LIST OF MEMBERS OF FIRST LEGISLATURE—COLES BASHFORD—W. CLAUDE JONES—FORMATION OF COUNTIES—SCHOOLS.
The Governor spent a month in visiting the newly discovered mining district for the protection of which Fort Whipple had been erected, and then went eastward to the Verde and Salinas Rivers with a view to ascertaining the character of that comparatively unknown portion of the Territory.
The months of April and May were devoted by the Governor to a tour throughout the southern portion of the Territory, on which trip the Governor visited Yuma and Tucson, and while at Tucson issued the following proclamation:‘‘
“To All Whom It May Concern:“In accordance with the request made to me by the citizens of Tucson, and in pursuance of the resolutions adopted by them, at a meeting held on the 8th day of May, 1864, I appoint Wm. S. Oury, Mayor, and Mark Aldrich, Juan Elias, Sen., Hiram S. Stevens, Francisco S. Leon, and Jeremiah Riordan, Councillors.
“And the municipality of Tucson, as defined in said resolutions, and limited by said officers, is constituted a district within which said officers may exercise all the powers with which they are vested.
“To All Whom It May Concern:“Whereas, It is provided by the first section of the Act of Congress, providing a temporary government for the Territory of Arizona, that the act organizing the Territorial Government of New Mexico, and acts amendatory thereto, together with all legislative enactments of the Territory of New Mexico, not inconsistent with the provisions of the first-named act, are extended to, and continued in force in said Territory
“And, Whereas, it is provided by the tenth Section of said act, organizing the Territory of New Mexico, that the said Territory shall be divided into three Judicial Districts, and a District Court shall be held in each of said Districts by one of the Justices of the Supreme Court, at such time and place as may be prescribed by law; and by the sixteenth section of said act, it is further provided, that temporarily, and until otherwise provided by law, the Governor of said Territory may define the Judicial Districts of said Territory, and assign the Judges who may be appointed for said Territory to the several Districts, and also appoint the time and places for holding Courts, in the several counties, or subdivisions, in each of said Judicial Districts, by proclamation to be issued by him.
“Now, by virtue of the aforesaid enactments, I do hereby order and direct, that until otherwise provided, the Territory of Arizona shall be Districted, the Judges assigned and the Courts held as follows, viz.:
“In the First Judicial District, a District Court of the United States, for said District, shall be held at Tucson, commencing on the last Tuesday of May next, and to continue two weeks; and the second term of said Court, for said District, shall be held at Tucson, commencing on the last Tuesday of October next, and to continue two weeks.
“In the Second Judicial District, a District Court of the United States, for said District, shall be held at La Paz, commencing on the last Tuesday of June next, and to continue two weeks; and a second term of said Court, for said District, shall be held at La Paz, commencing on the last Tuesday of November next, and to continue two weeks.
“To All Whom It May Concern:“Whereas, In and by the second Section of an act of the Congress of the United States, entitled ‘An Act to provide a temporary government for the Territory of Arizona, and for other purposes,’ approved February 24, 1863, it is enacted ‘That the legislative power shall consist of a Council of nine members, and a House of Representatives of eighteen.
“And Whereas, In the same Section it is further enacted that ‘The Act organizing the Territory of New Mexico, and acts amendatory thereto, together with all legislative enactments of the Territory of New Mexico, not inconsistent with this act, are in force in the said Territory of Arizona, until repealed, or annulled by future legislation.
“And Whereas, In and by the fifth Section of said act organizing the Territory of New Mexico, it is enacted that ‘An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and House of Representatives, giving to each section of the Territory representation in the ratio of its population, (Indians excepted) as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of the district for which they may be elected respectively. Previous to the first election, the Governor shah cause a census or enumeration of the inhabitants of the several counties and distriers
“And, Whereas, by the eighth Section of the said act it is enacted that in the first instance the Governor alone may appoint all officers not herein otherwise provided for who shah hold their offices until the end of the first session of the Legislative Assembly, and shall lay off all necessary districts for members of the Council and House of Representatives, and all other officers.
“Now, in pursuance of the duty enjoined upon me, as aforesaid, the said census having been taken and returned, I hereby order and direct that an election be held on Monday, the 18th day of July next, between the hours of eight o'clock, a. m., and six o'clock p. m., at such places as are hereinafter indicated, by the qualified voters of the Territory of Arizona, who shall choose by ballot, one delegate to represent the people of Arizona in the House of Representatives of the thirty-eighth Congress of the United States.
“And the qualified voters residing in the several Council Districts shall choose, by ballot, at the time above named and at such places as are hereinafter indicated, such number of Councilmen and Representatives as said districts may be entitled to as follows, viz.:
“The Second Council District is comprised within the limits of the Second Judicial District, as defined by my proclamation aforesaid. This District will be entitled to elect two Councilmen and five Representatives.
“The Third Council District is composed of all that portion of said Territory comprised within the limits of the Third Judicial District, as defined by my proclamation aforesaid. This district will be entitled to elect 3 Councilmen and 4 Representatives.
“There shall be three Judges of Election at each poll, whose duty shall be to receive all legal Votes offered, for all or any of the candidates to be voted for, and to judge of the competency of voters. The said Judges, before entering upon their duties, shall each take an oath, in the following form, to wit:
“Said oath shall be administered by any person authorized to administer oaths, (if any such be present,) if not, then the judges may administer the oath to each other, and a similar oath to the two clerks of the election, whom they are authorized and empowered to appoint; and the person administering oaths shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll-books. It is hereby further ordered and directed, that in case any of the Judges, appointed for any of the districts, do not appear and qualify, as above directed, or in case the Judges for any district are not named, then the voters first appearing, at the hour appointed, to the number of five, or more, shall choose three competent persons as Judges of Election, for said precinct, who shall take the oaths above required, and proceed to appoint two competent persons to act as Clerks of said precinct.
“It is further ordered, and directed, that the Clerks of each election precinct, shall each keep a list of the names of all persons voting in their respective districts, and each voter, as he offers his vote, shall announce his name in an audible voice to the Judge, or Judges, who receive his vote, and they shall announce it to the Clerks and shall not receive any other vote until the Clerks shall declare the name of such voter written.
“It is further ordered and directed, that the constables of the several districts, (if there be any,) shall attend the election in the precinct where they reside for the purpose of preserving the public peace; and if none attend, then the Judges shall appoint one or more special constables, not exceeding five in number, to perform that duty. And the said constables shall, when directed by the said Judges, summarily arrest any disorderly person interrupting the proceedings of said meeting, or committing a breach of the peace, and detain him in custody, (but not depriving him of the right to vote, if he be a legal voter), until the adjournment of said meeting, when said Judges shall make complaint against him before the proper officer, and cause him to be tried for the offense.
“The polls shall be kept open until six o'clock p. m. of the day of election, and immediately after the polls are declared closed by the Judges of said election, they shall proceed publicly to examine and count the votes, and see if the votes cast agree in number with the poll lists kept by the Clerks, and if the votes so cast shall exceed in number the names on the poll list, the Judges, or some one of them, shall take indiscriminately from the ballots, a number sufficient to make the ballots and poll lists agree.
“After the public counting and examining of the votes, the Judges shall proceed to open and canvass, publicly, all the ballots cast, and shall read, in an audible voice, all the names on each ballot, and shall count the number given for each candidate. And the Clerks shall set down in their poll books, the name of the person voted
“‘At an election held at the house of — at — in the — Council District, of the Territory of Arizona on the eighteenth day of July, A. D. 1864, the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit:
“The Judges of Election shall then enclose and seal one of the poll-books under cover, directed to the Secretary of the Territory, and the packet thus sealed, shall be conveyed by one of the Judges or Clerks of the Election, to be determined by lot, if they cannot otherwise agree, and sworn to the performance of that duty by one of the Judges, and delivered to the Judge of Probate of the district in which such precinct
“And the judges of Election shall then enclose and seal the other poll-book, under cover, directed to the Judge of Probate of the district in which the precinct may be, and the packet thus sealed should be conveyed by one of said Judges, or Clerks, as aforesaid, to said Judge of Probate, within the time above mentioned, and shall be deposited in his office subject to the inspection of any elector who may wish to examine it.
“And if any Judge or Clerk of any Election, at which he shall have sworn as Judge or Clerk to carry the poll-books as aforesaid, shall fail or neglect to deliver said poll-books, as aforesaid, he shall, for such offense, forfeit and pay the stun of five hundred dollars, for the use of the Territory, to be recovered by an action of debt in the name of the Territory, in the proper District Court.
“And, whereas, certain legal, voters of this Territory are now engaged in a campaign against the hostile Indians, such persons shall have the right to vote for all officers for whom they could legally vote in their respective precincts, in the manner following:
“Be It Enacted by the Senate and House of Representatives of the United States of America, in Congress Assembled: That all that part of the present Territory of New Mexico situate west of a line running due south from the point where the southwest corner of the Territory of Colorado joins the northern boundary of the Territory of New Mexico to the southern boundary line of said Territory of New Mexico,
“Sec. 2. And be it further enacted, that the government hereby authorized shall consist of an executive, legislative and judicial power. The executive power shall be vested in a governor. The legislative power shall consist of a council of nine members, and a house of representatives of eighteen. The judicial power shall be vested in a supreme court, to consist of three judges, and such inferior courts as the Legislative Council may by law prescribe; there shall also be a secretary, a marshal, a district-attorney, and a surveyor-general for said Territory, who, together with the governor and judges of the supreme court, shall be appointed by the President, by and with the advice and consent of the Senate, and the term of office for each, the manner of their appointment, and the powers, duties, and compensation of the governor, legislative assembly, judges of the supreme
“Sec. 3, And be it further enacted, that there shall neither be slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted; and all acts, and parts of acts, either of Congress or of the Territory of New Mexico, establishing, regulating, or in any way recognizing the relation of master and slave in said Territory, are hereby repealed.
On the 18th of July, 1864, the election was held. There were five candidates for Delegate to Congress, and Charles D. Poston, Superintendent of Indian Affairs, was, according to the Fish manuscript, elected by the following vote:
|C.D. Poston.||Charles Leib.||Wm. D. Bradshaw.||Wm. J. Berry.||S. Adams.|
Charles D. Poston, even at that early date, was known as the “Father of Arizona,” undoubtedly due to his activities in mining in the Territory, and subsequently to his influence in Washington in having the bill organizing the Territory passed.
Leib, according to A. F. Banta was a German, and at that time was residing at Fort Whipple. He was a personal friend of President Lincoln, and Mr. Lincoln appointed him quartermaster of the Army of the Potomac. The Senate of the United States refused to confirm his appointment. After Congress adjourned, the President reappointed the Doctor to the same position. He served in this capacity for nearly a year, when it became known to the Department that he was hopelessly involved, and he was summarily removed from office. The shortage in his accounts amounted to something like three or four hundred thousand dollars. He was honest enough, and no one accused him, but the army contractors used him as a tool to plunder and rob the Government. He wrote a book: “Six months in the Quartermaster's Department, or How to make a Million.” He also wrote a German campaign song which was sung by all the German troops in the Union Army.
Adams was called “Steamboat Adams” from the fact that he advocated the navigation not only of the Colorado, but of the Gila and Hassayampa Rivers. I have been unable to ascertain when or where he died.
|Coles Bashford,||Tucson,||Lawyer||47||New York.|
|Francisco S. Leon,||"||Farmer||42||Arizona.|
|Mark Aldrich,||"||Merchant||62||New York.|
|Patrick H. Dunne,||"||Printer||40||Maine.|
|George W. Leihy,||La Paz,||Miner||47||New York.|
|Jose M. Redondo,||Arizona City,||Ranchero||40||Mexico.|
|King S. Woolsey,||Agua Fria Ranch,||Farmer||32||Alabama.|
|Robert W. Groom,||Groomdale,||Miner||40||Kentucky.|
|Henry A. Bigelow,||Weaver,||Miner||31||Massachusetts.|
|W. Claude Jones,||Tucson,||Lawyer||46||Ohio.|
|John G. Capron,||"||Merchant||35||Ohio.|
|Daniel H. Stickney,||Cababi,||Miner||52||Massachusetts.|
|Gregory P. Harts,||Tucson,||Surveyor||24||Ohio|
|Henry D. Jackson,||"||Wheelwright||40||New York.|
|Jesus M. Elias,||"||Ranchero,||35||Arizona.|
|Nathan B. Appel,||Tubac,||Merchant||36||Germany.|
|Norman S. Higgins,||Cerro Colorado,||Mining Engr.||28||Ohio.|
|Gilbert W. Hopkins,||Maricopa Mine,||Mining Engr.||35||New York.|
|Luis G. Bouchet,||La Paz,||Carpenter||32||California.|
|George M. Holaday,||"||Hotel Keeper||46||Indiana.|
|Thomas J. Bidwell,||Castle Dome,||Miner||31||Missouri.|
|Edward D. Tuttle,||Mohave City,||Miner||28||New York.|
|John M. Boggs,||Prescott,||Miner||32||Missouri.|
|Jackson McCrackin,||Lynx Creek,||Miner||36||South Carolina.|
|James S. Giles,||"||Miner||28||Delaware.|
On the 26th of September, 1864, the Legislature convened at Prescott, which had been laid out in the previous June, in accordance with the proclamation of the Governor, and organized by the election of Coles Bashford as President of the Council, and W. Claude Jones as Speaker of the House.
Coles Bashford was born near Cole Springs, New York, January 24th, 1816, and finished his education at Wesleyan University, New York, after which he studied law and was admitted to practice in all the courts of his native State in the year 1842. He served very satisfactorily as District Attorney of Wayne County, New York, to which office he was elected in 1847. In 1850 he moved to Wisconsin, and soon attained an enviable position in his profession. He was elected to the State Senate on the Whig ticket, and upon the dissolution of that party became one of the founders of the Republican party in 1854-55, being elected to the Legislative Assembly at that time.
In 1855 he was elected Governor of the State of Wisconsin. The seat was awarded to his opponent, but Mr. Bashford instituted quo warranto proceedings, and obtained the office in 1856 through a decree of the court.
During the winter of 1862-63, he was domiciled in Washington, but, being imbued with the spirit of the pioneer, he accompanied the officials appointed for the organization of the Territory of Arizona, arriving with the party at Prescott in the early part of the year 1864.
Mr. Bashford served as Attorney-General of Arizona; as President of the Council of the First Territorial Legislature, having been elected from the County of Pima, and as Delegate to Congress from Arizona in the 40th Congress. He was also Secretary of the Territory.
His duties as Attorney-General, which appointment he received at the hands of Governor Goodwin, called him to different parts of the Territory. Many of these journeys were made through the hostile Indian country, but he escaped attack from the Indians.
He was the first lawyer admitted to practice in the Territorial Courts. In May, 1864, he was admitted to practice at Tucson. His legal knowledge and ability were demonstrated in the early legislation of the Territory, particularly in the first session. In 1871 he compiled the various session laws into one volume, having been appointed to do this work by the Legislature. He was also re-elected to the second session of the Legislature. He was elected Delegate to Congress in 1866, and served until 1868. At the close of his term in Congress he was appointed Secretary of the Territory of Arizona by President Grant, and was re-appointed in 1873.
His widow, who survived him, and now resides in Oakland, bore the maiden name of Frances Adams Foreman, and was born at Seneca Falls, New York. Born of this union were seven children: Elizabeth, widow of G. A. Sprecher; Margaret, wife of R. H. Burmeister; William C., for a long time associated in business with Mr. Burmeister under the firm name of Bashford & Burmeister, and who died in Los Angeles, Calif., in 1915; Helen B., widow of W. E. Smith; Belle, who died at the age of eleven years; Lillian E., wife of A. W. Kirkland, and Edward L., of Oakland, California.
The First Territorial Legislature continued in session until the 10th of November, devoting a great deal of its time to the adoption of a code of laws now known as the Howell Code. The Territory was divided into four counties, each named after a leading tribe of friendly Indians,
“The Territorial Government is now fully organized in all its departments. Law and order everywhere prevail. The courts are in operation. Schools have been established in the leading settlements, and the printing press is doing its part to build up society, and to promote substantial prosperity.
“The day is not far distant when Arizona will occupy a first rank among the wealthy and populous states of the Union. The hostile savage is swept away; its mountains and valleys musical with busy implements of mining and agriculture, its unrivalled pastoral regions white with flocks, the wealth of its varied resources made apparent to the world, and its people thrifty and happy, the wonder will be that it was ever neglected by the government, and by capitalists as an insignificant and unpromising possession.”’’
The foregoing is taken from the Journal of the First Legislature of Arizona, and may, therefore, be considered authentic. The printing press spoken of was the one mentioned by Mr. Banta as having been brought into the Territory by Secretary McCormick, and the first paper was issued on the 9th day of March, 1864. Mr. Banta, who accompanied the Governor's party in the capacity of bullwhacker, was employed as one of the first “typos” on this paper.