CHAPTER IX. CONDITIONS IN ARIZONA IN 1863 and 1864.
RESULT OF WITHDRAWAL OF TROOPS—FURTHER LETTERS OF JONATHAN RICHMOND—PROSPECTING—LACK OF WATER IMPEDES MINING—HIGH PRICES oF PROVISIONS—ASSIGNMENT OF JUDICIAL DISTRICTS—METHODS OF EXPLOITING PROSPECTS—EXPENSE OF SAME—ORGANIZATION OF COURTS—FIRST TERM OF COURT OF YAVAPAI COUNTY—FIRST SESSION OF SUPREME COURT OF TERRITORY—SUPREME COURT REPORTS, IRREGULAR PUBLICATION OF—EARLY LAWYERS OF TERRITORY—COMMENCEMENT OF TERRITORIAL AND STATE LIBRARY.
As before noted, the troops having been withdrawn from the Territory, in 1863, everything was left in chaos. Fields were abandoned, mines deserted, and towns depopulated all through the southern part of Arizona. The Indians were practically left to roam at will and murder and rob at pleasure, the only resistance being on the part of a few Mexicans and whites congregated in and around Tucson, and the Pima, Maricopa and Papago Indians. The state of affairs as it existed in Southern Arizona at that time cannot be better described than in the following series of letters from Jonathan Richmond to his relatives in Grand Rapids, Michigan, to whom we are indebted for a graphic description of the journey of the Governor's party across the plains to Prescott, and the condition of affairs in Northern Arizona. These letters are as follows:
“My experience in the mining districts I suppose you are anxious to learn of. So, using a sea phrase, ‘Here you have it.’ I left Fort Whipple on the morning of Jany. 25th. My companion and ever stanch friend, Moses B. (jackass) bore upon his back some of the luxuries of these wilds, i. e., a few pounds of flour, bacon, beans, and coffee together with my mining tools, consisting of a pick, shovel, and mining pan, in all about one hundred and twenty pounds, a light load for a jack, which can easily carry from two hundred and fifty to three hundred pounds. On camping at night at Forbes, Sheldon & Smith's Ranch, (one mile from Granite Creek Diggings, and twenty-five from Fort Whipple), I was joined by my friend, Wm. Thompson, who came from the States with us as Deputy Postmaster, who joined me for a prospect in the mines.
“Daylight of the 26th found us en route by a trail for Walker's Diggings some fourteen miles distant, which place we made about five p. m., having crossed five of the highest mountains in the country, besides passing through several dangerous canyons where our eyes were pretty busy reconnoitering for Mr. Tonto Apache, who very frequently gets the ‘fall’ on the ‘honest miner.’ We stopped at the first cabin on the
“We found that the mines were not worked to a great extent on account of the scarcity of water. There were while I was there but a few claims which had water on them. The workers of the few lucky claims were making from ten to one hundred dollars per day. Many claims had been taken up by miners who have since left the country and are now ‘jumpable,’ the law requiring that each claim shall be worked every ten days in order that the claimant may hold it.
“During the night snow fell to the depth of three feet, and quite a number of ‘hackells’ (small cabins) were hidden beneath the driftS, At roll-call Mose turned up missing, and a search was immediately instituted by my partner and myself. We started for the side of the mountain where the snow was not so deep as in the Gulch; thinking he might have strayed in search of the very scarce article of sacarta, (grass). After looking around for about an hour, thinking whether or not we had better give up the search, we stopped to rest and consider. Thompson sat down on what he supposed was the fallen limb of a tree. Imagine his surprise at being suddenly pitched headlong into the snow by the rising of the lost jackass which had
“We remained in the Gulch ten days, prospecting several deserted claims, but found nothing that would warrant our locating. Many of the miners were about leaving to join the Gov.'s expedition going East to the Francisco and Salt Rivers, seeking a site for the capital in a region which many supposed to be richer in minerals than any yet discovered.
“On leaving Walker's we returned to Forbes ranch, where we met Surv. Genl. Bashford and Atty. Gage. The Surveyor being anxious to make prospects and get specimens and information in view of a report to the Dept., we joined him and put in a sluice on Granite Creek, which we ran until the water failed, (forty-eight hours), finding gold in almost every pan of dirt. As soon as the water fails, the digging suspends, the miner fails, pulls up stakes, and leaves. There are in Walker's, Granite Creek and the Hasiamp Diggings, about four hundred miners, most of whom have located quartz leads (lodes) and are holding on for capitalists to come in with means and machinery. The country is rich, but the scarcity of water ruins many a man's castles.
“On returning to Fort Whipple Mar. 4th, I joined a small party, Maj, Duffield (U. S. Marshal) and others, about starting for Tucson. (I joined them and started on the 5th.) We made our first camp about twenty-five miles
“At about daybreak Capt. Butcher of 11 Mo. Vol., came up with a detachment of his company, having left Fort Whipple during the night upon hearing that the Indians were in strong force upon the lower Hasiamp Diggings and had killed that day five Mexicans and three Americans. The Capt. thought it unsafe for such a small party as ours to proceed further, and advised us to go with him to the Hasiamp, whence, if necessary, he would give us an escort. We acceded, of course, and were not long making up our minds, knowing that by going with him we were sure of protection and but about twelve hours out of our time. On our arrival at Vickroy's cabin on the Hasiamp, we found about fifty miners congregated for protection. Indians had been seen at different points during the day and a large number of campfires appeared at night on the mountains. The Major being anxious to proceed southward, in the morning we were furnished with an escort and proceeded via trail to Antelope. We passed the dead bodies of the five Mexicans who had been killed the day before. They were mutilated
“We arrived at Antelope, (Weaverville), about dark. Here is where gold was found on the top of a mountain and from forty to fifty thousand dollars taken out with jack-knives. There is a man here in Tucson who was one of the first to discover the ‘rich claim.’ He has one piece which weighs $92, and twelve nuggets which weigh over $700. He has at several times taken out thirteen pounds in three hours, $3,120.00. What do you think of such dig gings? There is no gold to be found about there except on the very summit of the mountain, which is in the hands of a few men.
“We left Antelope on the 10th of March and proceeded via Pima Villages (Pueblo Indians) to Tucson. In a future letter I will give you a plat of this town with a description of the houses, inhabitants, mode of living, etc.
“There is not a doubt but that this is the richest mineral country in the world, but the scarcity of water prevents the placer (surface) diggings from being developed. There are parties en route from California, I understand, who intend putting into operation quartz mills in the different districts. We await the results. I was shown yesterday a gold bullet which the holder took from the pouch of an Indian he had killed. He had found it with several other lead and stone bullets in the Indian's pouch.
“By this mail I write you giving you my experience in the mines, which was by no means limited, I being between three and four weeks in the different districts. Gold, silver, copper, tin and coal are to be found in abundance in the Territory of Arizona, but the great requisite for developing the gold mines, i. e., water, is not to be found when needed.
“Some to be sure have acquired fortunes in a short time, having struck a rich lead, but more are to-day working for their board. Parties are anxious to prospect further east, but the hostilities of the Indians prevent people from scattering. Should the Indians be well whipped, as there is hopes at present, I think many new and important discoveries may be made.
“The silver mines are considered by all to be far the more reliable. A gold mine is sometimes worked out in a short time, while a silver lead is a life estate. There are the Mowry, Patagonia, Eagle, San Pedro, Empire or Montezuma, Santa Rita and Mariposa, which were before the war worked to considerable extent, and there is now hope of their again thriving, providing they can have the necessary protection against the Indians.
“Provisions are, at present, very high; while in the mines flour was worth 35¢ per pound, and everything in proportion. Here flour brings 25¢, bacon 60¢, sugar $1.00, beans 50¢, etc., etc. Flour is, I learn, selling in the mines for $50 per 100#.
“The following letters I received before leaving Fort Whipple: Rebecca's of Sept. 27th/63; yours of Oct. 12th from New York. Yours of Nov. 18th/63, covering dft. Leelyard & Fralick on Metro. Bank for $50, for which receive my thanks. Rebecca's of Oct. 12/63. Yours from
“I think I shall be able to make my expenses the first year from my fees, probably more. I think that if I have time to look around I might get hold of some silver mine, still I do not think mine, or even the judgment of the Judge, would warrant a move in the matter, still, should you feel like placing capital at my command, say $1500 or $2000 for prospecting and opening a mine, I will put my best foot forward to the work.
“If Uncle Fred would like to come out here, let him come. Not on my say, however, for I never shall advise any person to come on this coast. Not that I have anything against the country, climate (the finest in the world), or people, but many coming by the advice of others get discouraged and blame their advisers. I have undertaken the trip, am located, and am satisfied (that's a big word for me). if he should conclude to come, my advice as to route I fear, is poor. By stage from Kansas City via Santa Fe to Mesilla on the Rio Grande, 300 miles from here. He could come in about eighteen days at an expense of at least $200, and 40¢ # for baggage over 50#.
“From Mesilla he would have to wait until some train was coming through, or buy a good horse and come through with the military express. Should a party of ten, fifteen or twenty wish to emigrate, the following would be my advice: Purchase two, three or four light wagons or ambulances, cost say $250, eight or ten good mules, not under six years of age, load your wagons light, say eight or ten hundred pounds. The following articles I think in the way of provisions advisable to bring for use only: Flour, bacon, coffee, tea, sugar, beans, dried apples and peaches, butter, a barrel of crackers, eight or ten doz. boxes yeast powders (an overplus would readily sell here at good advance), rice, hominy, lard, keg of molasses, matches, powder, and what assortment of can fruits you think necessary. Grain for animals can be purchased at different points on the road. A little should be kept on hand, and as your provisions are lightened, fill up with grain. A few water kegs for making dry camps should be slung under the wagons.” (Letter incomplete.)
“I recd. yours of Feby. 13th by yesterday's mail from Fort Whipple. I have also by same mail letter from Charley Weaver (Ray) forwarded by you. You make many inquiries to which I cannot, as yet, make decided answers, the capital not being located, the movement and stationing of troops not being complete, and the country being altogether in an unsettled condition. We hope within six months to be able to give an entirely different account of affairs, for
“The reports of the immense mineral wealth of the new country made by the Jesuits induced a rapid settlement. There are laid down on the map more than forty towns and villages. There were a few north of the Gila River, and several on the lower Gila near the Colorado. The santa Cruz and its tributaries and valleys teemed with an agricultural and mining population (Spanish). Thousands cultivated the rich valley of the San Pedro, and scattered settlements flourished at every suitable stream and spring at the foot of the mountains towards the Rio Grande.
“In the western part of the Territory Were the missions of St. Pierre, St. Paul, St. Matthias, and others. On the Santa Cruz the missions of San Xavier del Bac, and Santiago, the towns of Tucson, Tubac, and many others.
“At San Xavier, nine miles from here up the Santa Cruz, stands the mission church of San Xavier (some two hundred years old). It is of great size, built entirely of brick, and is magnificently ornamented within. Forty thousand dollars
“Most of the mines which are about to commence operations below here, Patagonia, Santa Rita, Mariposa, and others, were first opened by the Spaniards many years ago, and deserted on account of the Indians. There are many men here in town who have silver lodes (or veins) but have not the capital to open and prospect thoroughly. These claims may be purchased from $400 to $1,000 each, provided upon opening they would pay to work. The gold mines lay north on the headwaters of the San Francisco and tributaries. They are rich but the scarcity of water has prevented a thorough development. There are, I understand, several quartz mills en route from California.
“Provisions are at present so very high that more mining companies do not commence operations. Mr. Hopkins, Agt., for the—Copper Mining Co., is here, but will not commence operations at present on account of the exorbitant prices of provisions: flour 25¢;coffee $1.00; tea $2.00; beans 30¢ eggs $1,00;; lard $1.50; bacon $1.00, and everything in proportion. People cannot make anything in even a rich country where it costs so much to barely
“The Gov. before leaving Fort Whipple, appointed King Woolsey (an old mountaineer) on his staff, with rank of Lieut.-Col., and gave him provisions and ammunition for a campaign against the Apaches. He was not long in raising party of one hundred miners, and is now on the war trail. Troops are to be sent out from Fort Whipple and this place soon and hopes are entertained of a speedy extermination.
“The Territory is divided into three Districts. The first comprises all the section south of the Gila, Judge Howell, assignee, place of holding court, Tucson; times last Tuesday in May, to continue two weeks; and last Tuesday in October, to continue two weeks.
“Judge Allyn is assigned to the Second District to be stationed at La Paz on the Colorado. Chief Justice Turner is assigned to the Third District, to be stationed by subsequent proclamation, probably when, if ever, a site for the capitol is found.
“You write about sending safe, stock of goods, etc. Either of your safes would probably pay you here. Could, as you say, take deposits or sell to the Treas. Dept., but the cost of getting here would be not less than $500. Freighters had much rather transport goods at half the price than to take the responsibility of getting a safe weighing 2500 lbs. through here.
“A stock of goods is what money is to be made on. Everything sells here at a profit of from two to three hundred per cent. Coffee, sugar, tea, cocoa, bacon, lard and butter in 10 lb. cans, factory cloth, calico, canned meats, assorted, canned fruits and jellies, Yankee notions, stationery, soap, candles, liquors (good brands), champagne, bitters, tinware, camp kettles, frying pans, axes, whip-saws, ammunition, pistols, derringers and six shooters, raisins, dried currants, etc., matches, hoop skirts, shirts, pants, coats, etc., paper collars, shoes, boots, gaiters, yeast powders, saleratus, salt, in fine, everything usually kept in a first rate store in the East, both groceries and dry goods; never mind silks and satins in bill of dry goods, but everything in the calico line. Flour, beans, corn and dried peaches, quinces, can be purchased here at the proper season very reasonably. In my former letter I wrote it would not do to bring out goods, thinking by the way you wrote that Charley Mosley, or some one wished to bring out a few hundred dollars worth, Which I say now there is no need of. If a person intends bringing out a stock of goods, bring a big one, it will all sell.
“Wagons and mules, large ones not under six years old, would bring a good deal more than cost, provided they were got through all right from the States. A person can do well freighting here for mining companies, from Six to ten cents per pound from mines to Fort Yuma or Guaymas, etc.” (Letter incomplete.)
“It is not yet determined where to call the first Legislature. It is not at all probable that it will be called here first, but ultimately (on motion of legislature) it will, without doubt, be at this place.
“Since my last I have been to San Xavier, nine miles below here, to visit the old mission church, one of the wonders of the world. The building, in places, shows signs of decay, and the inner walls have been very badly mutilated, probably by the Indians. (There are over twenty statues of life size carved out of solid wood which are considered by many to be a study for modern sculptors.)
“Interests can be got in many lodes, but as for working one without an immense capital, it would be foolish. It is as Mowry says: ‘It takes a gold mine to work a silver one.’ I have made you acquainted with my ideas of silver mining, but will repeat. Interests, ½, ¼, ⅙, ⅛, or a whole mine may be bought upon prospecting it for from $200 to $1,000. After purchasing, sink a shaft, produce specimens, send to New York, San Francisco, Smithsonian Institute, Washington, with label or stamp, and wait the action of capitalists, and when agents are sent out to inspect, show them around and, if possible, sell them a claim say for $3,000, $4,000 or $5,000.
“I wrote you in regard to forwarding goods which I think would be justified either from the States or San Francisco. Goods can be bought there for greenbacks and brought here in the mines and sold for gold and silver. Should you conclude to forward me a stock or place funds for the purchase in San Francisco, say $5000 or $6000 to start on, I will, I guarantee it, double it in a year's time. Had I money here to work with I could make a spec in the street; for instance, a man comes in and has a wagon to sell cheap; buy, hold on for a day or two, and sell
“I am very busy making copies of Gov.'s Proclamation assigning Judges, etc. Business for courts comes in all at once. Have many suits on hand. Mail leaves. Will write giving account of Tucson and vicinity soon as business lets up a little. Much love to all.
“Your letters from New York (June 3d & 6th) were recd. just before I left Tucson. Should like to go ahead and open and prospect several silver lodes which I have in view, but in the absence of my friend, Judge Howell, with whom I am to operate, I am required to hold on, which I am very sorry for fear that others may step in and endeavor to become interested. Things are at present very changeable. Greenbacks will not go here at all. The stores in Tucson are all closed and will probably remain closed until the news from the States is more favorable. I left Tucson ten days ago in company with Mr. Wrightson, Prest. of the Santa Rita Mine, Mr. Hopkins, Agt. of the Maricopa Copper Mine and Dr. Locke, of Cincinnati. We have visited the mines in this vicinity, done a little surveying, and tomorrow, weather permitting,
“Will you please send me, either by Judge Howell, or before, the things which I sent for, with the following: Four or five good French flannel shirts (to wear in place of white), several brown linen shirts, and two or three extra thick pants good quality and fashionable style. Several pairs of boots, socks, &c. &c. Goods are very high here. Pants worth from 18 to $30 gold, and everything in proportion.
“Should you conclude to invest at the present state of things, have the drafts which you forward made payable in San Francisco. The persons of whom I should buy would be mostly Mexicans, and I could purchase for very low figures by drafts on California.
“I left the Santa Rita Silver Mines in company with Mr. Wm. Wrightson, Mr. Locke, Mr. D. G. W. Hopkins, Agt. of the Maricopa Copper Mining Co., and four others on the 17th of August for the purpose of buying supplies for the Santa Rita (in Sonora).
“Our first drive was to Calabasas, an old Spanish fort twenty miles south of this place, where we camped for the night. The fort is occupied as a vidette station by a few of Company L. 1st. Cav. C. V. We crossed, the line about nine o'clock on the following day, some twelve miles from Calabasas. A large stone monument marks the boundary, the Lat. and Long. being given on its face. A few miles below we passed the remains of a horse and its rider, a Mexican boy, which had been killed by a party of Indians the day we left the mines. There were three in the party two of which escaped with slight wounds. At five o'clock in the afternoon we camped at Elias ranch twelve miles this side of the first Pueblo (village) in Sonora. On the following day we drove twenty miles passing down a rich valley through which flows a never failing stream of water. After passing the first town (Imeras) we found the valley under cultivation, corn, sugar cane, and tobacco being the principal products for the second crop, the first throughout the entire country being what is harvested in June and the ground prepared for the crops mentioned as now maturing. On passing through the village we would see fine orchards with trees drooping with fruits, oranges, pomegranates, figs, quinces, etc., in the gardens. Melons in abundance were to be found, which, by the way, are a common luxury during the entire year. At dark we dismounted at the house of Hosa Elias in San Ignacio, having passed through the villages of Imeras and Terrenate. San Ignacio is a small farming town of about eight hundred inhabitants, Hosa Elias being one of the most extensive dealers
“We returned by the same route, arriving here, on the 24th Aug. and at the mines on the 25th. I left the mines on the 26th Sept. intending to return to Tucson, and be on hand for the fall term of court to be begun and held on the last Tuesday of this month. On arriving here I learned that there were but six white men remaining in Tucson, the delegates to the Legislature having answered the call of the Governor by going north; many having left with the troops for the Rio Grande, and others whom I met here with their families, en route to Magdalena to attend the fiesta on the first four days of this month. H. McWard, Deputy Collector of Customs at this place, wishing to join them, by his desire I agreed to act the part of Collector during his absence, knowing it would be impossible for me to go to Tucson before the parties return from the feast.
“The troops that have been stationed in this part of the territory have enabled what few white settlers there are here, to get a start, some prospecting and opening mines for market; others raising stock, etc., and all in a fair way doing well, but what should come but an order withdrawing the troops from this section of the country, (with the exception of one company now stationed at this place). The whites are obliged to gather into the towns for protection until they can see some opportunity of getting out of the country, leaving everything behind.
“The only hope that the Tucson people have is that the Legislature will be adjourned to that place; if not, the people will be in readiness to leave the country. But two days ago a train of wagons belonging to Mr. Solomon Warner was attacked, the men killed and the property destroyed within twenty miles of here. The Indians got six good guns, a number of revolvers, ammunition, etc.
“The Silver Mines which are working in this vicinity are obliged to keep a strong force. The ‘Serra Colorado’ has employed about sixty white men, and about one hundred Mexicans. The ‘Santa Rita’ has but eight men all told, but there is a few of Co. L, 1st C. C. V. stationed there until they can get men. If these troops should be withdrawn, which is very probable, they would have to give up work.
“To go and open a mine say only as I have stated (to prospect it) we would need say two white men, and three or four Mexicans (no less) say for one month, the expense would be, as near as canbe got at as follows:
“The Mexicans who are employed are allowed as stated above, 60¢ a day and a ration of 16 lb. flour a week; their coffee, sugar, &c., they are obliged to purchase at a light advance on the cost. A good supply of goods are kept on hand at all the principal mines, their Peons, (Mexicans), being good customers, oftentimes drawing goods to the amount of their wages. It would be to the interest of the mine when once opened to purchase their supplies in the States.
“In working a mine it is necessary to have at least half the number of white men that you have Mexicans; the latter are so treacherous, being ready at any moment to plunge a knife into a white man, Col. Poston's brother was killed while in the store at the ‘Serra Colorado’ and Mr. Wrightson's brother was killed here where I am writing, by Mexicans.
“Now for the greenback question. They are not worth 25¢ in this territory. They will not go excepting at one or two stores where they are selling out in hopes of getting out of the country. There they are taken at from 20¢ to 25¢ on a dollar. Pretty state of affairs when the U. S. allows her currency to depreciate to that, when those who can get nothing else but the blasted stuff have to pay out all they can earn to keep them alive. Think of my office 25¢ for drawing up and taking affidavit, 50¢ for Writ of Attachment, etc. My paper costs me $2.00 a quire. Can anyone expect me to do well at such rates? You give Judge H. and myself power to draw partnership drafts on you to pay the
“We have no communication either with California or the East at present. The Military Express mail has been taken off. God only knows when another will be put on. I send this by a portion of this, the last company of soldiers in this part of the territory. They leave today.
“Should a mail route be opened through Tucson from the States to California, there would be a prospect of the country's being populated and developed, but until then, communication being cut off, there is but little hope.
“If Judge H. was here and we furnished with funds, we could, at the present state of things, purchase claims very reasonable (for coin); get them recorded, and hold on until spring, by which time we should probably be able to open them.
“Should it so happen that we should get the capital here everything would advance 100 per cent, (Mines, ranches, etc.). The mines which I have in view are about seventy miles West by South from Tucson and but one hundred and fifty miles from the port of La Libertad on the Gulf of California, State of Sonora, Mexico.
“The Port of Libertad is one of the best sea ports on the Coast, having depth of water for the largest vessels afloat and being well protected. That part of Sonora, including Libertad, will, in all probability, be purchased and annexed to this territory before long. The wagon road from Tucson to the Gulf is good, but there is a scarcity of water.
“Write what we shall do, and as soon as the Judge arrives we will attend. I am very much m need of boots, pants and shirts. Boots are worth here, kip $30.00; calf shoes $15.00; pants 25$ and 30$; shirts $10 to 15$. Had I the funds would send you to purchase, but I have barely enough to purchase grub with. Your draft for 50$ I have not yet used. I should like for you to send by the Judge two of those new patent steel collars enamelled. They are very good for this country, being cleaned with a wet rag, (I say ‘ragrsquo; because that is about all we have here), size 15 ½.
“When or how we shall get our next mail I know not. As soon as we have a mail we can depend on, I shall send Mother and Grandmother the ‘Arizona Miner.’ I am already a subscriber. Much love to mother and the girls and regards to friends.
“N. B. If not too hard on your pocket, I would like to have you send me a Coltapos;s largest size revolver with accompaniments. The one I have (Smith & Wesson) does not carry lead enough. I am on my way to Tucson to attend the court. Please say to Judge H. that I have
“Another opportunity offers for transmitting tidings to our relatives and friends. A party of six returned miners leave here in the morning for their homes on the Rio Grande, and by them we hope to connect with the regular mail to the States.
“The First Legislature of this Territory adjourned sine die on the 10th Nov. after a session of forty days. The laws which were passed will not go into effect until the 1st of January, 1865. Most of the code submitted by Judge Howell has been adopted, and is to be called the ‘Howell Code.’ An appropriation of $2500 was made for the Judge. The laws are to be printed in pamphlet form at the office of the ‘Arizona Miner,’ and two hundred copies are to be printed and bound in a cheap form in California. The only copy of the laws which we now have is a rough printed copy of the Mining Law, a copy of which I this day enclose you.
“You will see that by this law the recording of mines and mineral lands are thrown into the hands of the Clerks of Probate. My hope before the meeting of the Legislature was that by the Judge's (Mining) law, the Clerks of the Distrier Courts were to be the Recorders of Mines, and ex-officio clerks of the Probate Court, which, if so arranged, would in time be a good and paying office, but the Legislature looked at it in this wise, and I cannot but see that they are right.
“The Clerks of the District Courts hold their office under the Government and consequently cannot hold the office of Recorder or Clerk of the Probate Court, they being selected by the county as in the States.
“The times set for holding the next District Courts are as follows: At La Paz on the second Monday in February, 1865; at Prescott on the second Monday in March, and at Tucson on the second Monday in April.
“A bill was passed to raise $80,000 in gold on Territory Bonds to pay for the raising six companies of rangers to exterminate the Apaches,the Gov., King Woolsey and John Capron being appointed commissioners to negotiate the bonds in California. The Governor is expected here this month en route for California. I hope and pray Judge Howell will return soon. My office will not pay me and I must seek something else. There was no court held, here this fall, and will not be before April. Everything is very high here, and a person who has no employment fares hard. I doubt if my clothes which I brought from the States will hold out until I receive those mentioned in your last. The firstopportunity that offers I think I shall go to work. There is none here or in the vicinity. On the Rio Grande or Colorado I may get something. Tucson is a deserted and played out town, all communication cut off, etc. Will say no more about it. I often read your letter of Aug. 29th in which you speak of what a good chance I could have had in Penn., but I am not alone to blame. Will write mother and the girls
“Your kind letter of the 25th March with enclosure, First National Bk. Aurora, on the 4th Nat. Bk., N. Y. is at hand. It is some time since I had received a letter from you, and I have read this one over several times and have compared the prospects of this country with those offered by you at home in a civilized community.
“There is but little doubt but that this country is rich in mineral but it will take years to develop it. Most of the veins in Southern Arizona are found in a barren range of mountains where vegetation is unknown, water is scarce, if to be found at all, and wood is out of the question. Sage brush, saguaro, and grease wood is found only in sufficient quantities for cooking purposes. The veins are distant from the depots of supplies. The war in Sonora has cut off the transportation through that country and the only source we have now to expect is from California
“Mines cannot be worked here as in Cal., where they have the advantage of an extensive seaboard, a large inland supply, and a population sufficient for the protection of miners and freighters. The Government is sending troops in to this country for the purpose of cleaning out the Indians; how many troops have been sent to this country within the last eight years with like orders! They are sent here to lay around in quarters until their time is out, when new recruits occupy their place. They have done but little good in the protection of people who are desirous of developing the country.
“My roving disposition is satisfied. I think I have seen it all and am now willing to settle down as you recommend. If it is agreeable, I will go East with that intention, bringing with me specimens and surveys of a few mines which I may dispose of provided there are purchasers.
The first term of court was held in Tucson in May, 1864, after which Judge Howell went East on account of the sickness of his wife, and shortly after returning to the Territory, resigned his position; consequently there was no court held in Tucson until his successor, Henry T. Backus, was appointed in 1865.
The first term of court in Prescott was held for the purpose of organizing, in the early part of September, 1864, while the first Legislature was in session. The first regular term was held in the latter part of September, 1865, with Chief Justice Turner on the bench. According to the Fish manuscript the jury came into court armed with their guns and pistols. The Judge, after some hesitation, finally administered the oath to the jury, which, to him, appeared to be an armed mob.
“Court met Monday, September 5th, 1864, at 10 o'clock a. m.; present, His Honor Hezekiah Brooks, Judge; F. G. Christie, Clerk, and Van C. Smith, Sheriff. The appointment of Hezekiah Brooks as Judge of the Third Judicial District, A. T., was ordered to be read, and the appointment of F. G. Christie as Clerk of said Court was ordered to be entered on the minutes of said Court. There being no further business before the court, it adjourned for the term. Hezekiah Brooks, Judge.”’’
“Since the publication of volume one of the Arizona Reports in 1884 there have been no official reports of the decisions of the Supreme Court of the Territory of Arizona. The difficulties in now preparing complete and accurate reports have not been few. In the earlier years the court held its sessions in various parts of the Territory, at Tucson, Prescott and Phoenix, and doubtless this largely accounts for the regrettable lack of completeness in the files and records of the court. In many of the cases filed prior to 1894, when the court established its permanent seat at the capital, the original papers are missing; in others but a portion are to be found. The records of the court in these early years in such minor details as the names of counsel, from what court the appeal was taken, and the name of the trial judge, are incomplete, and, in some instances, contradictory. No opinions have been recorded in permanent form from 1877 to 1886, and a few opinions which appear in the first volume of these reports, as well as in the later Pacific Reporters, cannot now be found. The older minute records show a number of opinions as filed or to be filed which either never were filed or have since been lost. Quite a number of opinions have been found filed among the original papers and unrecorded which have not been heretofore published. It is needless to say that every effort has been made to find the missing files, and to ascertain the true state of the record, and, though
When it is considered that twenty years elapsed between the printing and publishing of the first and second volumes of the Reports of the Supreme Court of the Territory of Arizona, it will be seen that but very little attention was paid to this important part of the government of the Territory.
There were three lawyers in Prescott, John Howard, who, as before noted, was a New Yorker, who had settled in Denver, and joined the Governor's party and came in with that party to Prescott, where he made his home up to within a few years of his death. It is said that while in Denver he was married and that his wife deserted him. A few days after she had left his bed and board, he found that she was living with another man. Howard made out a quitclaim deed of his wife to her new affinity for a nominal consideration, had it duly recorded, and sent it to his wife's paramour. All the old-timers knew John Howard, or “Blinky” Howard, as he was called, as a most lovable character, full of humor and native wit. He never sought public position. The other two lawyers were J. P. Hatgrave, concerning whom very little is known, and J. T. Alsap, whose biography is given in a preceding volume, and who was both a good lawyer and a good physician.