CHAPTER VIII. THE SECOND LEGISLATIVE ASSEMBLY.


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FIRST REGULAR ELECTION—GOVERNOR GOODWIN ELECTED DELEGATE TO CONGRESS—SECRETARY MCCORMICK SUCCEEDS GOODWIN AS GOVERNOR—MEMBERS OF LEGISLATURE—CONVENING OF LEGISLATURE—MESSAGE OF ACTING GOVERNOR—CREATION OF COUNTY OF PAHUTE—RESOLUTION OF LEGISLATURE REGARDING DEATH OF PRESIDENT LINCOLN—RESOLUTION OF LEGISLATURE REGARDING TERMINATION OF CIVIL WAR—SETTLERS IN AND AROUND PRESCOTT ASSESS OWN PROPERTY FOR TAXATION—REPORT OF FIRST TREASURER OF TERRITORY—POPULATION.

The first regular election in the Territory was held in September, 1864. At this election John N. Goodwin, C. D. Poston, and Joseph P. Allyn, were candidates for Delegate to Congress. The vote was as follows:

Counties. J. N. Goodwin. C. D. Poston. Joseph P. Allyn.
Union Union Union
Yavapai 409 52 118
Mohave 80 56 29
Yuma 56 149 26
Pima 162 3 208
Total 707 260 381

Poston declared that the election of Goodwin was secured through a combination of the military and Federal authorities of the Territory, and proposed to contest the seat of Governor Goodwin in Congress, but this idea he abandoned although there may have been some truth in his charge.

Poston served as Delegate for three months during the session of 1854-65, and the record of


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his activities is given in a preceding chapter. Governor John N. Goodwin was sworn in as Delegate on March 4th, 1865, and served until March 3rd, 1867, but it appears that he was still Governor of the Territory until April 10th, 1866, when Secretary R. C. McCormick succeeded him. Whether he drew salary as Governor and as Delegate does not appear.

The following were elected members of the second Legislative Assembly of the Territory at this general election:

COUNCIL.1
Name. Residence. Occupation. Age. Where Born.
Yavapai County:
Henry A. Bigelow, Wickenburg, Miner 32 Massachusetts.
King S. Woolsey, Agua Fria Ranch 33 Alabama.
Robert W. Groom, Prescott, 41 Kentucky.
Mohave County:
William H. Hardy, Hardyville, Merchant 43 New York.
Yuma County:
Manuel Ravena, La Paz, 49 Italy.
Pima County:
Coles Bashford, Tucson, Lawyer 48 New York.
Francisco S. Leon, Farmer 43 Arizona.
Patrick H. Dunne, Printer 41 Maine.

HOUSE OF REPRESENTATIVES.2
Name. Residence. Occupation. Age. Where Born.
Yavapai County:
James S. Giles, Prescott, 29 Delaware.
Jackson McCrackin, Lynx Creek, Miner 37 South Carolina.
Daneil Ellis, Turkey Creek, 27 Kentucky.
James O. Robertson, Big Bug, 28 Tennessee.
Mohave County:
Octavius D. Gass, Callville, Ranchero 37 Ohio.
Converse W. C. Rowell, Hardyville, Lawyer 35 Vermont.
Yuma County:
Peter Doll, La Paz, Miner 40 Germany.
Alexander McKey,
William K. Heninger, 47 Virginia.
Pima County:
Daniel H. Stickney, Cababi, 53 Massachusetts.


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The Second Legislative Assembly convened in Prescott on the 6th day of December, 1865, and remained in session twenty-four days. Secretary R. C. McCormick was acting governor at the time and in his message to the Assembly said, in reference to agriculture and stock-raising:

‘‘

“I cannot too strongly urge you to encourage the pursuit of agriculture. It has been a common impression without the Territory that, while our mineral lands were exceedingly rich and extensive, we were quite destitute of arable acres, and could never raise meat and bread, even sufficient for a limited population. This has arisen from the persistent misrepresentations under which Arizona has suffered. It is now known that no mineral territory has a better proportion of tillable and pastoral lands, while the climate, saving in the extreme altitudes, is such as to promote the luxuriant growth of all cereals, vegetables and fruits. For cattle and sheep the grass of the valleys, plains and foothills is nourishing at all seasons, and it is the opinion of herdsmen of wide observation, that no better grazing country has ever been found. Mining, however rich the placers or the quartz, can seldom be made lucrative where provisions have to be supplied from a distance. The plow and the sickle must keep company with the pick and the mill; and here, where in almost every instance we have in close proximity to the mines, valleys easy to irrigate, and of the richest soil, the work of the gardener and the farmer cannot fail to prove profitable, and should not be neglected. The experiments of the settlers eastward from Prescott, upon the Verde, and at


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Walnut Grove, upon the Hassayampa, as well as those of the ranchmen near Prescott, during the past year, have abundantly proven the agricultural capacity of this central country. I have not seen finer grains and vegetables than have been grown here, and while it was supposed that in all cases irrigation would be necessary, there are instances where good crops have been raised without a drop of water beyond that furnished by the spring and summer showers. As the Apache is driven back, our settlers will be able to cultivate thousands where they now occupy scores of acres, and the tame Indians will greatly increase the size of their farms. Together they will not find it difficult to supply food at low prices for a dense population, and my confidence in the future of the Territory is based upon this good prospect, as much as upon the extent and excellence of its mineral resources.”

’’

Speaking of the Apache:“Whose hostile presence is, and has been the chief obstacle to the growth and development of the territory, utter subjugation, even to extermination, is admitted as a necessity by all who are familiar with his history and habits, and the more speedily it can be effected, the more humane it will be.”

He recommended that Arizona be reinstated as a separate surveying district, saying:“However efficient the surveyor-general of New Mexico may be, it is not reasonable to suppose that, having his office at a distance of some hundreds of miles, through an uninhabited country, he can promptly and properly direct the work here required at his hands.”

He also recommended that a petition be sent to Congress asking for a geological survey of the


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Territory, saying:“A portion of the Territory, as large as the State of New York, is yet wholly unexplored by the white men.”

In regard to the Colorado River, he said:

‘‘

“Confidence in the practicability of navigating the Colorado River at all seasons, as far as the new settlement of Callville, one hundred and forty miles north of Mohave, is rapidly increasing, and it is thought that for a great part of the Utah trade, it will prove the most expeditious and economical channel. This fact, with the importance of the river to our own convenience, prompts me to suggest a renewal of the memorial to Congress, adopted by the first assembly, praying for a small appropriation to remove the few obstacles which impede the progress and endanger the safety of steamers.”

’’

At this early date, the question of acquiring a port on the Gulf of California was urged. Mr. McCormick, in this connection, said:

‘‘

“For the accommodation of the southern part of the Territory, the acquisition of the port of Libertad, upon the Gulf of California, is a matter of the first importance, and, whatever the controlling power in Mexico, it should be negotiated for at the earliest practicable moment. Its accession, with that part of the State of Sonora which lies between it and our present line, would give new life and consequence to the region below the Gila River, and be largely beneficial to the whole territory.”

’’

With reference to the extreme northwest quarter of the Territory, the acting governor said:

‘‘

“The towns of St. Thomas and St. Joseph, on the Muddy River, the former near its junction


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with the Virgin, and the latter twelve miles from that point, and both within a distance of forty miles north of Callville, upon the Colorado, now contain quite a population, and the whole country is rapidly filling with an agricultural people, chiefly from Utah.”

’’

He recommended that that part of the Territory be organized into a new county.

The question of mails and stage routes also received mention by Mr. McCormick, who said:“

‘‘

“Since the suspension of the southern overland mail, at the beginning of the war, we have had neither post route nor postoffice within the Territory until during the present year. The routes now established, from Los Angeles to Prescott, from Prescott to Santa Fe, and from Tubac to Prescott, are highly acceptable, but at least two others are required for the public convenience—the old southern route, and one along the Colorado, from Fort Yuma to Callville, there to connect with one to great Salt Lake City. We suffer greatly for the want of coach communication with California and New Mexico. Thousands of persons, both in the east and in the west, eager to visit our mines and examine our country, are prevented by the great cost of private transportation. Until well-conducted lines of coaches are established, we cannot look for a great increase of population, however tempting our mineral wealth.”

’’

In reference to schools, Mr. McCormick says that Prescott was the only town that had taken advantage of the act of the First Legislature appropriating certain sums to the towns of Prescott, La Paz, Mohave, and Tucson. He said: “I am inclined to think that the existing provisions


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for schools in various parts of the Territory are now sufficient. As the population of the Territory increases, amendment will be needed, and will, doubtless, be provided.”

In the paragraph devoted to revenue, the acting Governor said: “The financial condition of the Territory demands your careful attention. It is only by the practice of the strictest economy that we can keep from debt while the population is sparse and the taxable property inconsiderable. I commend to you the axiom of Cicero as no less forcible now than in his age: ‘Economy is of itself a great revenue.’

‘‘

“The annual report of the Territorial Treasurer shows that the present sources of revenue have been inadequate to the payment of the current expenses of the Territory. In addition to the expenses of the year, the interest upon most of the bonds authorized under the act to provide for the contingent expenses of the Territorial government, will have to be paid early in the ensuing year. These amount to but fifteen thousand dollars in all, and the interest must be punctually met. They cover all the indebtedness of the Territory, excepting what is owing on the expenses of the present year. The Treasurer suggests that a property tax be levied in order to sustain the credit of the Territory. I would propose that the receipts for the sale of the Territorial mining claims be henceforth, and until our finances are in a better condition diverted from their original destination to the payment of the current expenses of the Territory, these, with all the counties organized and the taxes regularly gathered will, I believe, furnish the requisite revenue if no unreasonable indebtedness be incurred.


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“Doubt has been expressed as to the legality of the provision of the mining law requiring the setting aside of the Territorial claims, and in some instances parties have refused to recognize them, which has depreciated their value and interfered with the sales made by the Territorial treasurer. In the opinion of the Attorney-general of the Territory, the provision is strictly legal, and the titles given by the treasurer are, in every particular, valid. I have instructed the Attorney-general to bring suits against all persons attempting in any way to deprive the territory of the benefit of these claims.”

’’

Under the provision mentioned by Mr. McCormick in reference to territorial claims, it might be mentioned that the Howell Code made provision that wherever a discoverer of a mine located a claim for himself, he was required to locate an adjoining claim for the territory.

The first act of this Legislature was one creating the county of Pah-Ute, the boundaries of which are shown by the map which forms the frontispiece of this volume.

The following laws were also enacted by this Legislature:

Setting the date for the holding of the Supreme Court of the Territory at Prescott for the fourth day of December, 1865.

Providing that all fees of public officers should be paid in currency, treasury, or legal tender notes of the United States, and providing a penalty for any officer who should demand or exact his fees in coin, gold, or silver.

Giving jurisdiction to justices of the peace of all civil claims not exceeding one hundred dollars in value, where the title to real property was not


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in question; petty larceny, assault and battery not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill; breaches of the peace, riots, affrays, and all misdemeanors punishable by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or by both such fine and imprisonment.

Creating a board of supervisors in the several counties of the territory. Under this law a board of supervisors consisting of three members who were to be elected in the same manner as other county officers, was provided for each county; the board was given power and jurisdiction in their respective counties of such scope as to give them entire control of the affairs of their counties. Among the powers conferred upon them was the power to cause to be erected and furnished a courthouse, jail, and such other public buildings as might be necessary. This act contained the following provisions:

‘‘

“The board of supervisors shall also act as a board of canvassers and declare the election returns, and cause a certificate of election to be given by the Clerk to any person whom they shall find to have been legally elected to any county or township office within the county; provided that the Probate Judge shall canvass the election returns as to Supervisors, and shall cause the Clerk to give to each person elected to the office of supervisor a certificate of election.”

’’

The act also provided that the board of supervisors should act as a Board of Equalization in their respective counties. The individual accounts of the board of supervisors against the county were to be audited and allowed by the


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Probate Judges of the respective counties. The Governor was required to appoint the first board of supervisors in each county.

According to the “Miner,” under this law George Coulter, James Grant and W. J. Berry were appointed for Yavapai County; William Forest, Robt. A. Rose and John Pearson for Mohave County; Thos. S. Smith, E. Billingsly and E. S. McGinnis for Pah-Ute County. No appointments were made at that time for Yuma and Pima Counties, and I can find no record that any were ever made.

Other laws passed were:

Providing for liens of mechanics, laborers and others.

Giving jurisdiction to the district courts in all mining cases.

Amending section 19 of chapter 33 of the Howell Code so that the same read as follows:

‘‘

“An annual ad valorem tax of twenty-five cents upon each one hundred dollars value of taxable property is hereby levied and directed to be collected and paid for Territorial purposes upon the assessed value of all property in this Territory, not by this act exempt from taxation; and upon the same property the board of supervisors of each county is also hereby authorized and empowered annually to levy and collect a tax for county expenditures not exceeding one dollar and fifty cents upon each one hundred dollars of taxable property in such county; and upon the same property the board of supervisors of each county is hereby authorized and empowered annually to levy and collect such additional or special taxes as the laws of this Territory may authorize or require them to levy and collect; provided, however,


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that whenever the board of supervisors levy any tax they shall cause such levy to be entered on the record of their proceedings, and shall direct their clerk to deliver a certified copy thereof to the sheriff and treasurer of the county, each of whom shall file said copy in his office, and on the first Monday in July in each year, the board of supervisors shall proceed to estimate and to ascertain the amount of taxes necessary to be assessed upon the taxable property of the county for the year next ensuing, not exceeding for all purposes one dollar and seventy-five cents upon each one hundred dollars of the value of the taxable property in such county. In such estimate they shall specify the amount to be raised for each particular purpose. If for any cause said board shall not meet on the day above specified, they may meet for such purpose at any time within ten days thereafter.”

’’

There was also levied a poll tax of three dollars upon all citizens of the territory, except negroes and Indians, to be divided equally between the county and the territory.

A law was also passed regulating marriages; defining the blood degree in which marriages could be celebrated and prohibiting all marriages of white persons with negroes, mulattoes, Indians and Mongolians. Any judge, justice of the peace, or minister of the gospel, was authorized to perform the marriage ceremony. The rights of married women were defined; the wife to hold any property which she possessed before her marriage in severalty, and the husband the same. A married woman could carry on business on her own account, but all property accumulated during marriage, was common


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property. The courts were given jurisdiction in all divorce cases.

By joint resolution the acting governor was authorized to procure a thousand dollars' worth of law books for the Territorial Library, payment for the same to be made out of the congressional appropriation to the library fund of the Territory.

The Legislature passed the following concurrent resolution regarding the death of Abraham Lincoln:

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“WHEREAS, There has to this time been no formal expression of regret on the part of the people of Arizona, over the untimely and lamentable death of Abraham Lincoln, the sixteenth president of the United States; therefore

“RESOLVED, By the House of Representatives, the Council concurring, that we record our abhorrence of the dastardly act which deprived the nation of the valuable life of Abraham Lincoln, when his great statesmanship and noble character had won the confidence and applause of the civilized world; and the wisdom of his administration of public affairs, at the most critical period in the life of the American people, was universally conceded.

“RESOLVED, That here, where civil law was first established by the generous consideration of his administration, as elsewhere upon the continent, which owes so much to his honest and persistent devotion to liberty, to justice, and to the government of the people, his name is honored and revered as that of a true patriot, a profound ruler, and a magnanimous and unselfish man, whose highest motive was the public good, and whose consistent career has elevated the


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dignity, brightened the renown, and enriched the history of the republic.

“RESOLVED, That a copy of these resolutions be forwarded to the family of the illustrious dead, and to the present President of the United States; also that they be published in the ‘Arizona Miner’ and in the principal journals of the Pacific and Atlantic States.”

’’

This Legislature also passed a concurrent resolution regarding national affairs as follows:

‘‘

“WHEREAS, Loyalty, fidelity and steadfast obedience to the laws are cardinal principles with every good citizen, and a faithful support of those in authority in all lawful actions is the duty of everyone; and

“WHEREAS, Notwithstanding the bloody civil war which has so long desolated our land and carried mourning into every house is now happily terminated by the complete triumph of the Federal arms, and the acknowledgment of the Federal authority throughout our common country, yet many serious and perplexing questions arise as to the proper settlement of the difficulties between the different sections of the country; and

“WHEREAS, His Excellency, Andrew Johnson, President of the United States, has given every evidence of his loyalty and fidelity to the Constitution of the United States, and of his determination to stand by its landmarks amid the difficulties that surround him; therefore,

“RESOLVED by the Council, the House of Representatives concurring, that we take this opportunity to express, in common with the balance of our countrymen, our joy at the successful termination of the war, our sympathy with


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those whose homes have been made desolate, and our gratitude to Almighty God for his protection in the trying hour.

“RESOLVED, That in the present Executive of the United States we recognize the patriot and the statesman—one worthy to occupy the high position once filled by the Father of his Country, and we pledge to him a faithful and unswerving support in the plan of reconstruction so successfully inaugurated by him in the southern States.

“RESOLVED, That we see exemplified in Lieutenant-General Ulysses S. Grant, the highest type of the heroic soldier, the patriot and gentleman—one upon whose brow may justly rest the palm of virtue, entwined with the laurel wreath, and that we claim, with grateful pride, our share of the glory which he has shed upon the American arms.

“RESOLVED, That to the gallant soldiers who have so nobly and gloriously fought in defense of their country and its liberties, in the trying contest just ended, we tender our grateful admiration and praise, and bespeak for them honorable distinction in the walks of civil life.

“RESOLVED, That these resolutions be spread upon the journals of both houses, and that copies thereof be sent, one to the President of the United States, one to Lieutenant-Colonel Ulysses S. Grant, and one to each House of Congress of the United States.”

’’

A resolution was also passed thanking the Honorable Samuel Adams, and Captain Thomas Trueworthy for the energy displayed by them in opening up the navigation of the Colorado River.


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Among the Memorials to Congress was one asking for an appropriation to improve the navigation of the Colorado River; one asking Congress to give a land grant to the La Paz and Prescott Railway Company to assist that company in the construction of a railroad from La Paz on the Colorado River to Prescott, the capitol of the Territory; one asking that the benefit of the act of Congress approved July 2nd, 1862, in reference to the agricultural and mechanical colleges be extended to Arizona and other territories of the United States; one asking that a separate land district be created for the Territory of Arizona; that the office of surveyorgeneral be created, and that a survey of the public land of the territory be made; one asking that a reservation for the Yavapai, Pah-Ute and Wallapai Indians, and for the friendly Apaches, be fixed upon the lower Gila, and that the military force in the territory be increased.

On the authority of Judge E. W. Wells, of Prescott, the statement is made that after the organization of the territory in 1863, and the appointment of the territorial treasurer, the settlers and residents in and around Prescott made a list of their taxable property and its value, upon which they paid taxes. The first instance I know of where taxpayers, outside of corporations, were permitted to place a valuation upon their holdings and pay the taxes thereon. Arizonans, however, at that time, were patriotic, and were pleased with the prospect of having some semblance of civil government, so it can be stated, I think very truthfully, that there was no disposition on the part of


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those of American birth to in any way evade the payment of taxes.

In November, 1865, John T. Alsap, first treasurer of the territory, made his report to the Governor, in which he stated that two hundred and seventy-four dollars of taxes had been paid by Pima County; forty dollars paid by Mohave county; nothing paid by Yuma county, and eight hundred and forty-one dollars paid by Yavapai county. Pima county had the largest population. Yuma county had La Paz, the principal town in the territory, with large commercial establishments, etc. The treasurer, under date of February, 1866, issued a circular to county treasurers urging prompt payment of territorial taxes, and, in default thereof, threatened to commence legal proceedings, which probably had the effect of increasing the revenues of the territory, and also of the counties. It is a remarkable fact that the Second Legislature passed no appropriation bill, its expenses being limited to the appropriation made by Congress.

In 1866 a census was made of the Territory and reported to the Governor. According to the “Miner,” of June 27th, 1866, the population of the Territory, by counties, was as follows:


Notes

1. Messrs. Leon and Dunne, and a member of the Council chosen from Pima County, in place of Mr. Aldrich, resigned, and eight members of the House from that county, names not reported, did not attend the session.

2. Messrs. Leon and Dunne, and a member of the Council chosen from Pima County, in place of Mr. Aldrich, resigned, and eight members of the House from that county, names not reported, did not attend the session.

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