CHAPTER VI. THE FIRST TERRITORIAL LEGISLATURE (Continued).
HOWELL CODE—FIGHT OVER LOCATION OF CAPITAL—REPORT ON NAVIGATION OF COLORADO RIVER—RESOLUTIONS INSTRUCTING DELEGATE POSTON TO SECURE FROM CONGRESS ARMS AND MAIL ROUTES FOR ARIZONA—APPROPRIATIONS FOR SCHOOLS—ONLY MEASURE VETOED BY GOVERNOR GOODWIN—GOVERNOR GOODWIN'S FAREWELL MESSAGE TO THE LEGISLATURE—FAREWELL SPEECH OF W. CLAUDE JONES, SPEAKER—RéSUMé OF ACTS PASSED—SEAL OF TERRITORY—APPROPRIATION BILL—MEMORIALS TO CONGRESS.
The first act passed by the Legislature, and approved October 1st, empowered the Governor to appoint a commissioner to prepare and report a code of laws for the use and consideration of the Legislature of the Territory. In accordance with this act Judge William T. Howell was appointed such commissioner, and submitted what is known as the “Howell Code,” to the Legislature on October 3rd, and this code, after much debate and some amendments, was adopted as the code of laws for the Territory of Arizona, and remained as such until the laws of the territory were codified in the session of the Legislature of 1877, thirteen years afterwards.
Jose M. Redondo, who was elected to the Council from the Second District, resigned his position on the 10th day of October on the ground that he was ineligible to the office at the time of his election. The vacancy caused by his resignation
The location of the Capital of Arizona having been made by the Governor, could, of course, be changed by the Legislature, and this was attempted by amending House Bill No. 56, locating the Capital at Prescott, Which was up for consideration in the House on the 24th of October, when “Mr. Hopkins moved to amend by striking out the word ‘Prescott,’ and the words ‘situated on the east bank of Granite Creek’ and the words which follow thereafter, and which refer exclusively to the city of Prescott, in section 1, and insert instead ‘La Paz,’ and thereupon the yeas and nays were demanded, with the following results: Yeas—ppel, Capron, Elias, Harte, Higgins, Hopikins, Stickney and Mr. Speaker—8. nays—Bouchet, Bidwell, Boggs, Garvin, Gills, Holady, McCrackin, Tuttle and Walter—9. o the amendment was lost.‘‘
“M. Speaker moved to amend by striking out in the first section the words ‘Prescott, situated on the east bank of Granite Creek, about one mile above and in a southwesterly direction from the present location of the United States military post, known as Fort Whipple, in said Territory of Arizona,’ and insert instead ‘Walnut Grove, on the Lower Hassayampa, in the Thir District of said Territory,’ upon which the yeas and nays
“Mr. Speaker moved to amend by striking out all of the first section after and including the word ‘Prescott,’ and insert ‘at a point within ten miles of the junction of the Rio Verde with the Rio Salado, in the Third District in said Territory, the location of said permanent seat of government to be fixed by the Governor of said Territory, and two commissioners, to be appointed by the present Legislature, at a point not more than ten miles from the junction of said streams, and that said permanent seat of government shall be called Aztlan,‘ upon which the yeas and nays were demanded, and had with the following result: Yeas—Appel, Capron, Elias, Harte, Higgins, Hopkins, and Mr. Speaker—7. Nays—Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Stickney, Tuttle and Walter—10. So the amendment was lost.”’’
This was the commencement of the fight to remove the capital from Prescott, which Will be shown as this history progresses to have been a bone of contention for many years thereafter, in fact, until it was permanently located at Phoenix.
“1. That the Honorable Charles D. Poston, our delegate to the Congress of the United States, be instructed and requested to use every effort in his power to procure from the general government five hundred stand of Springfield rifled muskets, calibre 58, of the latest improved quality, with their equipments and fixed ammunition, sufficient for the purpose of arming and equipping a battalion of Arizona rangers, for active service against the Apaches and other hostile Indian tribes in this Territory.
“2. That he be instructed and requested to procure the establishment of the following mail routes, with weekly postal service on each: 1st. From Mesilla, via Tucson, Casa Bianca and Agua Caliente, to La Paz, in coaches. 2d. From Tucson, via Tubac, to Patagonia Mines. 3d.
“The Joint Committee on EduCation report, that after a mature consideration, they have decided that it would be premature to establish, or to attempt any regular system of common or district schools. At present the Territory is too sparsely settled, and the necessary offleers for such an establishment, would be more costly than the education of the children would warrant.
“In lieu of such system, and for a foundation of Territorial Schools, your committee earnestly recommend that an appropriation be made and given to these towns, where the number of children warrant the establishment of schools.
“At the Mission of San Xavier del Bac, Padre Messaya has, at great trouble and expense to himself, educated all children free of charge. His pupils are Mexican and Papago; he has been sadly impeded in his efforts by want of suitable school books.
“Your committee recommend that a donation be made to the Mission School at San Xavier del Bac of $250. To Prescott, Mohave, and La Paz, each town, $250. To Tucson $500, provided the English language forms a part of the instruction of such School.
The only measure the Governor failed to approve, which was submitted to him by the First Legislative Assembly, was a Memorial addressed to the Secretary of War, and the veto of the same, if veto it can be called, was as follows:‘‘
“I have examined it with care, and regret that I am unable to concur with the Legislative Assembly, either as to the correctness of the facts therein stated, or the conclusions drawn therefrom. The Memorial makes two distinct requests.
“One reason urged for the change is, that our communication with Headquarters would be facilitated thereby. The Military Express from Fort Whipple via Fort Wingate can be, and is, carried to Santa Fe in less time than it can be taken from the same point to San Francisco, by Fort Mojave or La Paz, and for an obvious reason—the distance is less.
“A further consideration presented is, that the military posts can be supplied more economically and with greater facility from California, Ordinarily, when the currency is not depreciated, this may be true. But, at the present time, supplies cannot be obtained as cheaply in California, when their price, and the cost of their transportation must be paid in gold, as they can in New Mexico, where the currency is the government paper. Supplies can be furnished with facility from either point by competent commissaries and quartermasters.
“Finally, the failure, as it is termed, of the last campaign against the ‘Hostile Apaches,’ is presented as a further argument. The principal cause of that failure is attributed to the fact that it was undertaken without the cooperation of the posts on the Colorado River. I know of no post on the river that could have taken part in the campaign. Fort Mojave, the nearest post on the river to the scene of operations, is 160 miles from Prescott, and not within one hundred as is stated in the Memorial. The distance of these posts from the hostile Indian country is so great that their garrisons could not be employed to advantage.
“I fully concur with the Legislative Assembly in the importance and utility of this request, but I do not see how the result can be attained by memorializing the Secretary of War on a subject with which his department has no concern.
With the exception of the one item immediately preceding, the feeling between the Legislative and the Executive Departments was one of perfect harmony, and to show this I quote Governor Goodwin's farewell message to the Legislature:‘‘
“Gentlemen:—In reply to a Message from the Legislative Assembly, inquiring whether I have any further communication to make, it gives me pleasure to inform you that all business requiring your attention has been submitted to you, and I have only to express my full appreciation of the diligence and wisdom with which your labors have been prosecuted, and of their great value to the Territory.
“The task before you was indeed one of no ordinary difficulty. Since its acquisition by the United States, the Territory has been almost without law or government. The laws and customs of Spain and Mexico had been clashing with the statute and common law of the United States, and questions of public and private interest had arisen, which demanded careful but decided action. These questions have been met and satisfactorily settled. No portion of the
“I congratulate you on the harmony and good feeling which have characterized your deliberations. At a time when political feelings are strongly excited, you have suffered no party differences to distract your proceedings and divert your attention from the important work before you. You can now separate with the consciousness that your duties are performed.
“I wish you a safe return to your constituents, who, I doubt not, will fully appreciate your labors, and I thank you, one and all, for your uniform kindness to me and for the many tokens of your confidence and esteem.
“Resolved, That the thanks of the members of the House of Representatives be and are hereby tendered to the Honorable W. Claude Jones, for the able, efficient and impartial manner in which he has discharged the arduous duties of Speaker of the House during the present session.”’’
“It is with the deepest emotion that I thank you for the approval of my official action as Speaker of the House of Representatives during the present session as expressed in the resolution just adopted.
“In the discharge of my duties I have pursued but one rule of action—and that Was to do what my conscience told me was right under the circumstances, faithfully, impartially, and with an eye single to the good of the whole country. I have had no political hopes, and no ambitious views to gratify. I have known no local divisions—no factions—no political parties. I have labored daily and nightly for the best interests of that Territory in which I have cast my lot, and in which is my home; and I gratefully acknowledge your co-operation with me in all that could advance the general welfare and best interests of the country.
“You have been orderly, sober, active and industrious, and your deliberations have been directed with an enlightenment of intelligence. You have gone with an energy and with a will into the business of the Legislature. You have worked unceasingly, and with great and good results. You have enacted a code of laws for the government of the Territory, equal, if not superior, to any code in the States of the Union. You have accomplished what no other Territorial Legislature has done before you.
“Without Legislative experience when you arrived in this capital, you have conducted your business with the order and system of the sages of a senate. It will be with me one of the proudest recollections of my life that no offer has ever been made to take an appeal from any of my decisions during the session, but they have been acquiesced in with the magnanimity and harmony that have ever characterized your deliberation. I owe much to your gentlemanly courtesy and kind forbearance.
“Gentlemen, the time has arrived when we are about to separate—perhaps never to meet again. My prayers for your prosperity go with you. The recollections of my associations with you here will linger as the brightest and greenest spot in the clouded vista of the past. I cherish the kindest feelings, the warmest sympathies of my heart, for each and all of you, and wherever you may go, wherever your lot may be cast, whatever may betide, my fondest recollections
In very few subsequent Legislatures in Arizona did the same spirit of amity and mutual respect prevail. It was not long before personal interest and political ambitions made their appearance in the Legislative halls of the Territory to disturb, and sometimes to arrest, good legislation.
As before stated, the first act approved by the Governor was the one authorizing him to appoint a commissioner to prepare and report a code of laws for the use and consideration of the Legislature of the Territory, in accordance with which a code prepared by Judge Howell was presented, considered, amended and passed, which was the code of laws of the Territory for many years thereafter.
The second act was one divorcing John G. Capron, a member of the House of Representatives from the First Judicial District from one Sarah Rosser of the same District, and the fourth act was one divorcing Elliott Coues from Sarah A. Richardson. Elliott Coues was a post surgeon at Whipple at the time the divorce was granted, and afterwards published “On the Trail of a Spanish Pioneer, Garces Diary,” one
The third act, entitled: “An Act Declaring Certain Routes as a Country Road in the Territory of Arizona,” is one which will be interesting to all Arizonans. Section one provided that the road or route known as the Woolsey trail, beginning at the town of Prescott, thence continuing in a northeasterly direction a distance of twenty-five miles to the Agua Frio Ranch; from thence continuing in a southerly course to Big Bug Creek; from thence down said stream in a southeasterly course to Slate Creek; thence southerly to Black Cation or the new mines; thence continuing southerly to Bird Springs, and thence to Casa Blanca or Pima Villages—should be declared by the passage of the act a country road, free for all intents and purposes therein required.
Several acts were passed incorporating toil roads in different parts of the Territory, some of which were built. The rates which they were allowed to charge would be considered, in our day, excessive, particularly where a road was built over ground that required very little work to make it passable for teams. One of these roads, “The Tucson, Poso Verde and Libertad Road Company,” was incorporated by an act of the Legislature, and the incorporators were given the exclusive privilege and power to construct and build a toll-road from the town of Tucson to the nearest and most convenient point in the direction of the port of Libertad on the Sonora line, and also a branch toll-road from Tucson, Cababi and Fresnal, to intersect the line of said main road at a point desirable, and also
The Santa Maria Wagon Road Company was also incorporated by the Legislature and was authorized and allowed the privileges to “construct and bund a toll-road from such point on the Colorado River near the mouth of Williams' Fork, as they may deem most convenient, by such route as they may find and consider most favorable, in the general direction of the Lount and Noyes road, so called, to the town of Prescott in said Territory, with the right to construct bridges and grade said road, if they think proper, and to keep and maintain facilities for furnishing water to men and animals passing over said road, and make the same safe and passable at all times, and may construct and maintain one or more toll-gates, and may receive and collect toll or passage money in sums not exceeding the following rates, to wit: For each wagon drawn by two horses, mules, or horned cattle, four cents per mile; for each additional span of horses, mules, or horned cattle, one and one-half cents per mile. For each carriage or cart drawn by one horse, mule, or ox, three and one-half cents per mile. For each jack, animal, horse, mule, or ass, or horned cattle, one and one-half cents per mile. For each horse or other animal and rider, two and one-half cents per mile. For every sheep, hog, or goat, one-eighth of one cent per mile. It being understood that no foot traveller shall pay toll and that said company shall permit travellers with their animals to take from any wells or watering-places on the line of
There was also an exclusive right granted to William D. Bradshaw and his associates to maintain and keep a Ferry across the Colorado River at La Paz. Section 2 of the act granting such right provided that “So long, not exceeding twenty years, as the said William D. Bradshaw, or his associates or successors, shall maintain and operate a good, safe and sufficient ferry between the points aforesaid, they shall be authorized to charge, demand and collect the following rates of toll, viz.:‘‘
The county commissioners were made the trustees of the public schools and had the power to appoint a suitable person to examine the course of instruction, discipline, and attendance of said schools, and the qualifications of the teachers, and report the same to them at their stated quarterly meetings. Said county commissioners and the inspector appointed by them was not to receive any fees or salary for any services done in the discharge of their duties under this act.
“Sec. 2. He shall not pay for such printing over one dollar per folio, and if it shall be necessary to provide paper for such printing, he shall furnish such paper at a rate of not more than twenty per centum advance upon cost and charges at Prescott.
“Sec. 3. The laws shall be published on or before the day they take effect, except such as take effect from the day of their passage, and such publication shall be paid for in such funds as the Territory shall provide.
“Sec. 4. The Secretary of the Territory shall be and he is hereby authorized to employ some suitable person to supervise the publication of said laws, provided the compensation therefor shall not exceed the sum of two hundred and fifty dollars.”’’
“Sec. 1. The seal of this Territory shall be of the size of two and one-quarter inches in diameter, and of the following design: A view of San Francisco mountain in the distance, with a deer, pine trees and columnar cactus in the
“Sec. 2. The sum of one hundred dollars is hereby appropriated for the expense of engraving and transporting said seal; and the Secretary of the Territory is hereby authorized to entrust said seal to proper parties for engraving.
The seal described in the act of 1864 is the upper one in the cut. I find it used for the first time—in print—in the laws of 1883. The earlier seal, the lower of the cut, of origin unknown to me, is printed in the Journals and Acts as late as 1879. For humorous comments on this seal, see Ross Browne in Harper's Magazine, xxix, 561.”’’
“That the purpose of this act is to organize a company and to incorporate the same, with authority, which is hereby granted to said company, to construct and maintain railway and telegraph lines, commencing at such point or
SEALS OF ARIZONA TERRITORY.
“Sec. 2. That in case there shall not be sufficient money in the Territorial treasury, the treasurer is hereby authorized to pay such appropriation in bonds provided to be issued by an act entitled ‘An Act to provide for the Contingent Expenses of the Territorial Government,’ passed at the present session of the Legislature.
Congress was memorialized, first to increase the per diem of the members of the Legislature from $3.00 per day in currency, to $8.00 per day, and that an addition to the salaries of the Governor, Secretary, and Superintendent of Indian Affairs of the Territory, of not more than fifteen hundred dollars be allowed, and an addition to the salaries of each of the three Territorial Judges of not more than fifteen hundred dollars be allowed, and that the salary of the United States District Attorney be increased to two thousand dollars, and that the salary of the United States Marshal be increased to fifteen hundred dollars, and that the pay of the United States District Clerks be increased to fifteen dollars
The salaries received by the officials of the new territory are not set forth in the organic act but as that act expressly adopted all the terms and provisions of the organic act of New Mexico not inconsistent with the provisions of the organic act of Arizona, the salaries of the officials of Arizona were fixed by New Mexico's act in 1850, and were as follows:
Governor, $1,500 per annum; Secretary, $1,800 per annum; Attorney, $250 per annum; Marshal, $200 per annum and fees, and three justices of the Supreme Court at $1,800 each. The members of the Legislature were to hold annual sessions of 40 days, at a compensation of three dollars for each member, and mileage at the rate of three dollars for 20 miles. In 1854 the salary of the Governor was increased to $3,000, and that of the judges by $500.
The Legislature also memorialized Congress asking that an appropriation of one hundred and fifty thousand dollars for the placing of the Indians of the Colorado on a reservation, be made, such Indians being the Yavapais, Hualapais, Mohaves and Yumas, numbering about ten thousand, who, the memorial recited, were scattered over an extent of country from the Gila River on the south to the northern boundary of the Territory, and from the Colorado River on the west to the Verde River on the east; that these Indians were roaming at large over the vast territory described, gaining a precarious subsistence from the small patchesof land along the Colorado River, which they cultivated, and from fishing
Congress was also memorialized for an appropriation of $250,000 for the organization of volunteers or rangers in the Territory, to aid in the war against the Apaches, and also for an appropriation of $150,000 for the improvement of the navigation of the Colorado River from Yuma to the mouth of the Virgin River, from which latter point, the memorial recited, there was a free natural road, a distance of only three hundred and fifty miles to Salt Lake City, and that by this route the Government, as well as private transportation could be furnished in a much shorter time, and at less cost, than by any other route; that if the navigation of the river were improved, it would accommodate the general Government, and greatly increase and hasten the development of the vast mineral and other resources of the Territory.