[page 164]


The following September an election was held for delegate to Congress and for county officers and members of the Legislature. The candidates for Delegate to Congress were Coles Bashford, Charles D. Poston, and Samuel Adams. Bashford received one thousand and nine votes; Poston five hundred and eighteen votes, and Adams one hundred and sixty-eight votes.

[page 165]

To the Third Legislature, which convened at Prescott on the third day of October, 1866, the following were elected:

Name. Residence. Occupation. Age. Where Born.
Yavapai County:
John W. Simmons, Prescott Farmer 55 Tennessee.
Daniel S. Lount, Miner 46 Canada West.
Lewis A. Stevens, Farmer 51 Mississippi.
Mohave County:
William H. Hardy, Hardyville, Merchant 44 New York
Pah-ute County:
Octavius D. Gass, Callville, Ranchero, 38 Ohio.
Yuma County:
Alexander McKey, La Paz, Miner, 39 Kentucky.
Pima County:
Mark Aldrich, Tucson, Merchant 64 New York.
Mortimer R. Platt, Lawyer 30
1Henry Jenkins, Tubac, Farmer 53

Name. Residence. Occupation. Age. Where Born.
Yavapai County:
John B. Slack, Turkey Creek, Miner 46 Kentucky.
Daniel Ellis, Postle's Ranch, Farmer 28
Hannibal Sypert, Prescott, Miner 32
William S. Little, 38 Maryland.
Underwood C. Barnett, Walnut Grove, Ranchero 34 Arkansas.
Mohave County:
Alonzo E. Davis, Hardyville, Miner 26 New York.
Pah-ute County:
2Royal J. Cutler, Mill Point, Farmer 28
Yuma County:
Marcus D. Dobbins, La Paz, Miner 39 Pennsylvania.
Robert F. Piatt, Planet Mine, Miner 38
3Wm. H. Thomas, Arizona City, Clerk 26 Maryland.
Pima County:
Granville H. Oury, Tucson, Lawyer 42 Virginia.
William J. Osborn, Tubac, Farmer 32 New York.
Henry McC. Ward, Babacomori, Contractor 29 Maryland.
James S. Douglass, Tucson, Miner 38 New York.
Oscar Buckalew, Calabasas, Farmer 23 Pennsylvania.
Michael McKenna, Tucson, Miner 29 Louisiana.
4Solomon W. Chambers, Tubac, Farmer 44 Ohio.
5Thomas D. Hutton, Huababi 40 Tennessee.

[page 166]

Richard C. McCormick had been appointed Governor of the Territory in April, 1866. James P. T. Carter, of Tennessee, was appointed to the position which McCormick previously held, that of Secretary of the Territory, Marshal Milton B. Duffield resigned in the year 1865, and was succeeded by Edward Phelps of Vermont.

Milton B. Duffield, according to Captain Bourke in his work, “On the Border with Crook,” was appointed Marshal by President Lincoln because of the courage he displayed in one of the New York riots during the early stage of the Civil War. After his term of office expired he lived in Tucson, where he became quite a bully and killed several men. It has been said that he was the only man in Arizona who dared wear a plug hat, as the roughs would shoot them off the heads of persons who wore them. He held the position of mail inspector for a time, which he discharged in a commendable as well as in a western style, the offender generally leaving for other parts when told to by Duffield. He was a tall, powerful man, and a crack shot. He was killed at Tombstone by a young man named Holmes, who had taken up a claim in which Duffield asserted an interest.

The part of the foregoing account of Marshal Duffield relating to his killing, is, according to C. E. Duffield, a nephew of the Marshal, incorrect. Mr. C. E. Duffield's account of the killing of Marshal Duffield is as follows: “He had gone to one of his mining properties ‘about four days' drive from Tucson,’ so it was not in a street fight at Tombstone. It was in 1872,

[page 167]

and the man Holmes afterwards confessed that he had shot him when Mr. Duffield had laid his gun down and walked away some distance, thinking no one was in that locality seeking his life, although he knew every desperado was after him. Holmes, it is stated, said that he received two thousand dollars for doing it. It was subsequently brought out that many of the officials were implicated in the murder, and that Holmes never was prosecuted. He said at the time that the motive was money more than revenge. Many had tried to kill Mr. Duffield on account of their crooked transactions, which seemed not to escape his close watch, and it demonstrated that the higher ups, as well as the lower downs, were after him, and got him in the end, as was usually the case in the early days of the west.” Captain Bourke says that he met the ex-Marshal in Tucson about the year 1872 or 1873.

I give the following from Bourke's “On the Border with Crook,” in reference to the exMarshal, which account, according to my recollection, is substantially correct:


“Who Duffield was before coming out to Arizona I never could learn to my own satisfaction. Indeed, I do not remember ever having any but the most languid interest in that part of his career, because he kept us so fully occupied in keeping track of his escapades in Arizona that there was very little time left for investigations into his earlier movements. Yet I do recall the whispered story that he had been one of President Lincoln's discoveries, and that the reason for his appointment lay in the courage Duffield had displayed in the New York

[page 168]

riots during the war. It seems—and I tell the tale with many misgivings, as my memory does not retain all the circumstances—that Duffield was passing along one of the streets in which the rioters were having things their own way, and there he saw a poor devil of a colored man fleeing from some drunken pursuers, who were bent on hanging him to the nearest lamppost. Duffield allowed the black man to pass him, and then, as the mob approached on a hot scent, he levelled his pistol—his constant companion—and blew out the brains of the one in advance, and, as the story goes, hit two others as fast as he could draw bead on them, for I must take care to let my readers know that my friend was one of the crack shots of America, and was wont while he lived in Tucson to drive a ten-penny nail into an adobe wall every day before he would go into the house to eat his evening meal. At the present moment (in 1872) he was living at the ‘Shoo Fly,’ and was one of the most highly respected members of the mess that gathered there. He stood not less than six feet three in his stockings, was extremely broad-shouldered, powerful, muscular, and finely knit; dark complexion, black hair, eyes keen as briars and black as jet, fists as big as any two fists to be seen in the course of a day; disputatious, somewhat quarrelsome, but not without very amiable qualities. His bravery, at least, was never called in question. He was no longer United States marshal, but was holding the position of Mail Inspector, and the manner in which he discharged his delicate and dangerous duties was always commendable and very often amusing.

[page 169]

“‘You see, it's jest like this,’ he once remarked to the postmaster of one of the smallest stations in his jurisdiction, and in speaking the inspector's voice did not show the slightest sign of anger or excitement—‘you see, the postmaster general is growling at me because there is so much thieving going on along this line, so that I'm gitting kind of tired ’n’ must git th’ whole bizz off me mind; ’n ’ez I've looked into the whole thing and feel satisfied that you're the thief, I think you'd better be pilin’ out o’ here without any more nonsense.’

“The postmaster was gone inside of twelve hours, and there was no more stealing on that line while Duffield held his position. Either the rest of the twelve dollars per annum postmasters were an extremely honest set, or else they were scared by the mere presence of Duffield. He used to be very fond of showing his powerful muscle, and would often seize one of the heavy oak chairs in the ‘Congress Hall’ barroom in one hand, and lift it out at arm's length; or take some of the people who stood near him and lift them up, catching hold of the feet only.

“How well I remember the excitement which arose in Tucson the day that ‘Waco Bill’ arrived in town with a wagon train on its way to Los Angeles. Mr. ‘Waco Bill’ was a tough in the truest sense of the term, and being from half to three-quarters full of the worst liquor to be found in Tucson—and I hope I am violating no confidence when I say that some of the vilest coffin varnish on the mundane sphere was to be found there by those who tried diligently—was anxious to meet and subdue this Duffield, of

[page 170]

whom such exaggerated praise was sounding in his ears.

“‘What's Duffer?’ he cried, or hiccoughed, as he approached the little group of which Duffield was the central figure. ‘I want Duffer (hic); he's my meat. Whoop.’

“The words had hardly left his mouth, before something shot out from Duffield's right shoulder. It was that awful fist, which could, upon emergency, have felled an ox, and down went our Texan sprawling upon the ground. No sooner had he touched Mother Earth than, true to his Texan instincts, his hand sought his revolver, and partly drew it out of the holster. Duffield retained his preternatural calmness, and did not raise his voice above a whisper the whole time that his drunken opponent was hurling all kinds of anathemas at him; but now he saw that something must be done. In Arizona it was not customary to pull a pistol upon a man; that was regarded as an act both unchristianlike and wasteful of time—Arizonans nearly always shot out of the pocket without drawing their weapons at all, and into Mr. ‘Waco Bill's’ groin went the sure bullet of the man who, local wits used to say, wore crape upon his hat in memory of his departed virtues.

“The bullet struck, and Duffield bent over with a most Chesterfieldian bow and wave of the hand: ‘My name's Duffield, sir,’ he said, ‘and them ’ere's mee visiting card.’

“If there was one man in the world who despised another it was Chief Justice John Titus in his scorn for the ex-marshal, which found open expression on every occasion. Titus was a gentleman of the old school, educated in the

[page 171]

City of Brotherly Love, and anxious to put down the least semblance of lawlessness and disorder; yet here was an officer of the Government whose quarrels were notorious and of every day occurrence.

“Persuasion, kindly remonstrance, earnest warning were alike ineffectual, and in time the relations between the two men became of the most formal, not to say rancorous, character. Judge Titus at last made up his mind that the very first excuse for so doing he would have Duffield hauled up for carrying deadly weapons, and an occasion arose much sooner than he imagined.

“There was a ‘baile’ given that same week, and Duffield was present with many others. People usually went on a peace footing to these assemblies—that is to say, all the heavy armament was left at home, and nothing taken along but a few Derringers, which would come handy in case of accident.

“There were some five or six of us—all friends of Duffield—sitting in a little back room away from the long saloon in which the dance was going on, and we had Duffield in such good humor that he consented to produce some, if not all, of the weapons with which he was loaded. He drew them from the arm-holes of his waistcoat, from his boot-legs, from his hip-pockets, from the back of his neck, and there they all were—eleven lethal weapons, mostly small Derringers, with one knife. Comment was useless; for my own part I did not feel called upon to criticize my friend's eccentricities or amiable weaknesses, whatever they might be, so I kept my mouth shut, and the others followed my example. I suppose that on a war-footing nothing

[page 172]

less than a couple of Gatling guns would have served to round out the armament to be brought into play.

“Whether it was a true alarm or a false one I couldn't tell, but the next day Judge Titus imagined that a movement of Duffield's hand was intended to bring to bear upon himself a portion of the Duffield ordnance, and he had the old man arrested and brought before him on the charge of carrying concealed weapons.

“The courtroom was packed with a very orderly crowd, listening attentively to a long exordium from the lips of the judge upon the enormity and the uselessness of carrying concealed deadly weapons. The judge forgot that men would carry arms so long as danger real or imaginary encompassed them, and that the opinions prevailing upon that subject in older communities could not be expected to obtain in the wilder regions.

“In Arizona, the reader should know, all the officers of the law were Americans. In New Mexico, on the contrary, they were almost without exception Mexicans, and the legal practice was entirely different from our own, as were the usages and customs of various kinds. For example, one could go before one of those Rio Grande alcaldes in Socorro, San Antonio, or Sabinal, and wear just what clothes he pleased, or not wear any if he didn't please; it would be all right. He might wear a hat, or go in his shirt sleeves, or go barefoot, or roll himself a cigarito, and it would be all right. But let him dare enter with spurs, and the ushers would throw him out, and it was a matter of great good luck if he did not find himself in the calaboose to boot for contempt of court.

[page 173]

“‘Call the first witness; call Charles O. Brown.’

“Mr. Charles O. Brown, under oath, stated his name, residence, and occupation, and was then directed to show to the judge and jury how the prisoner—Duffield—had drawn his revolver the day previous.

“‘Well, jedge, the way he drawed her was jest this.’ And suiting the action to the word, Mr. Charles O. Brown, the main witness for the prosecution, drew a six-shooter, fully cocked, from the holster on his hip. There was a ripple of laughter in the courtroom, as every one saw at once the absurdity of trying to hold one man responsible for the misdemeanor of which the whole community was guilty, and in a few minutes the matter was nolle prossed.

“I will end up the career of the marshal in this chapter, as we shall have no further cause to introduce him in these pages. His courage was soon put to the severest sort of a test when a party of desperadoes from Sonora, who had been plundering in their own country until driven across the line, began their operations in Arizona. At the dead of night they entered Duffield's house, and made a most desperate assault upon him while asleep in his bed. By some sort of luck the blow aimed with a hatchet failed to hit him on head or neck—probably his assailants were too drunk to see what they were doing—and chopped out a frightful gash in the shoulder, which would have killed the general run of men. Duffield, as has been shown, was a giant in strength, and awakened by the pain, and at once realizing what had happened, he sprang from his couch and grappled with the nearest of the gang of burglars, choked him, and

[page 174]

proceeded to use him as a weapon with which to sweep out of the premises the rest of the party, who, seeing that the household had been alarmed, made good their escape.

“Duffield was too much exhausted from loss of blood to retain his hold upon the rascal whom he had first seized, so that Justice did not succeed in laying her hands upon any of the band. When Duffield recovered sufficiently to be able to reappear on the streets, he did not seem to be the same man. He no longer took pleasure in rows, but acted like one who had had enough of battles, and was willing to live at peace with his fellow-men. Unfortunately, if one acquire the reputation of being a ‘bad man’ on the frontier, it will stick to him for a generation after he has sown his wild oats, and is trying to bring about a rotation of crops.

“Duffield was killed at Tombstone ten years since (about the year 1880 or 1881), not far from the Contention Mine, by a young man named Holmes, who had taken up a claim in which Duffield asserted an interest. The moment he saw Duffield approaching he levelled a shot-gun upon him, and warned him not to move a foot, and upon Duffield's still advancing a few paces, he filled him full of buckshot, and the coroner's jury, without leaving their seats, returned a verdict of justifiable homicide, because the old, old Duffield, who was ‘on the shoot,’ was still remembered, and the new man, who had turned over a new leaf and was trying to lead a new life, was still a stranger in the land.

“Peace to his ashes!”

In his message to the Third Legislative Assembly, Governor McCormick refers to the census taken in the preceding April, and May, saying

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that it showed a considerable increase in the population of the Territory, and, “our advance in material prosperity, if not rapid, is steady, and, I believe, upon a substantial basis. Labor finds abundant employment and remunerating reward; social order prevails among our people, and the laws are obeyed with promptness and good feeling.”


Under the head of Finance, the Governor made the following statement and recommendation:


“The total Territorial indebtedness, as audited to this time, amounts to twenty-one thousand and fifty-one dollars and forty-one cents, and there is a balance of two hundred and forty-nine dollars and fifty cents in the treasury to the credit of the general fund. Of this indebtedness, fifteen thousand, five hundred and ninety dollars are payable in gold, being the amount of bonds, (and interest on the same to January 4, 1867), issued under the act of the First Assembly, approved November 9, 1864, and entitled ‘An Act to Provide for the Contingent Expenses of the Territorial Government.’ In view of the fact that, until the present year, but two of the counties were fully organized, and that now, although all contribute to the revenue, the total receipts, owing to the limited amount of taxable property in the Territory are small, this is not more than a reasonable debt. Compared with that of neighboring Territories, containing a larger population and far better sources of revenue, it is insignificant, and will be complained of only by those singular individuals who expect the wheels of government to move without cost.

[page 176]

“Still, I would advise that no expenditure of the Territorial funds, however earnestly it may be asked for, or necessary it may seem, be authorized by your honorable bodies without the most careful consideration; and, if you can impress upon the counties the importance of economy in their affairs, it will be well to do so. In the matter of promptly and thoroughly collecting the revenue, they should be urged to increased vigilance, not only for their own benefit, but for that of the Territory at large.

“Some seven thousand dollars of the gold bonds before referred to, will become due in a little more than a year from this date, and although another legislature may meet before that time, it is not too early to make provision to insure their payment and thus to sustain the Territorial credit.

“There is a balance of about five hundred dollars in the Treasury from the special fund created by the sale of Territorial mining claims, which I would suggest be assigned to the general fund, and that all further receipts from such sales be so disposed of.

“The Treasury Department having made the Territory an Internal Revenue District, and appointed an assessor and collector, we may soon expect to be called upon to contribute directly to the national revenue. I had hoped, in view of our comparatively small population, and the drawbacks with which we have to contend, that we should escape other than Territorial taxation for the present. But it becomes us, as loyal citizens of the great Republic, cheerfully to do our part, however humble it may be, towards cancelling the sacred debt incurred in preserving the national life.”


[page 177]

In the message the Governor mentions the fact that a marked degree of improvement is shown in the mining industry. He said:


“If there is less excitement over our mining interests, there is more confidence in their excellence, and a strengthened belief that their development will surprise the world. Ten quartz mills will have been erected in this county alone before the close of the present year. Those already in operation afford a gratifying evidence of the value of the gold ores, and, as the lodes are sunk upon, they show permanence and size. The appearance of sulphurets and refractory elements, at a certain depth in some, may involve the necessity of more elaborate machinery, but no obstacles will, I think, be sufficient to baffle the enterprise of our miners who, depending more upon their own energies and capital than upon help from abroad, are determined to know no such word as fail.

“The rare advantages of wood, water, and climate are more than sufficient to offset the present cost of living; and the heavy expense of transporting machinery here, and, the Indians properly subdued, I believe there will be few localities upon the Pacific Coast where quartz mining may be so economically, agreeably and profitably pursued.

“Those of the silver mines below the Gila and upon the Colorado, that are judiciously worked, with scarcely an exception, show great wealth, and fully maintain the traditional reports of the metallic opulence of the country.

“The considerable capital now devoted to the development of the copper lodes upon the Colorado and Williams' Fork is but an earnest of

[page 178]

that which this important work will soon command. The uniform richness of the ore, the quantity of the same, and the facilities for its extraction and shipment, combine to make the mines among the most desirable of the kind upon the continent.”


He thus refers to the mining law passed by Congress:


“The Act of Congress to legalize the occupation of mineral lands, and to extend the rights of pre-emption thereto, adopted at the late session, preserves all that is best in the system created by miners themselves, and saves all vested rights under that system, while offering a permanent title to all who desire it at a merely nominal cost. It is a more equitable and practicable measure than the people of the mineral districts had supposed Congress would adopt, and credit for its liberal and acceptable provisions is largely due to the influence of the representatives from the Pacific Coast, including our own intelligent delegate. While it is not without defects, as a basis of legislation it is highly promising, and must lead to stability and method, and so inspire increased confidence and zeal in quartz mining.”


According to the Governor, after much persistent effort, the government was induced to authorize, in 1864, the establishment of several important mail routes, but, up to the date of his message, the service had been irregularly performed. The first contractor, whose control expired June 30th, 1866, so deliberately disregarded the requirements of his contract and the convenience of the people, that the service was a mere burlesque and provocation.

[page 179]

As this history progresses it will be seen that many other contractors and servants of the government were equally derelict in the discharge of their duties, and, as a consequence of this neglect on the part of the mail contractors, Arizona probably suffered more than any other Territory for want of proper mail facilities.

The Governor, in reference to this subject, very truthfully remarked:


“The hostile savage is scarcely more inimical to the progress and prosperity of a new country than the mail contractor who, by his faithlessness, interrupts the business and social intercourse of the people, and deprives them of their only means of communication with the outer world.”


In reference to new mail routes, he said:


“The route from Great Salt Lake City via St. George to Hardyville, let under the new contracts, is highly advantageous to northern and central Arizona, on account of the eastern connection, by which letters from New York and Washington are received at Prescott in thirty days, a much shorter time than by San Francisco.

“The extension of mail service from Prescott to the Rio Grande is much needed, not only in view of our relations with New Mexico, but for the most direct and speedy communication with the Atlantic states. The route is practicable at all seasons, despite all reports to the contrary, and in connection with that from San Bernardino to Prescott, would form one of the shortest from the Pacific to the Rio Grande. The citizens of La Paz, our largest town upon the Colorado, complain with reason that while

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they live upon the shortest, and one of the best highways from California to Prescott, they are left without mail facilities, except by a circuitous route. The people of Pima County ardently desire the re-establishment of service upon the old Southern or Butterfield route, acknowledged to be one of the best across the continent, and service on the route from Arizona City to La Paz is called for.”


The Governor noted the fact that there was not a stage coach running in Arizona, although the Territory had been organized for nearly three years.

In reference to the Apache he said:


“The conflict with the Apache continues, and will continue, I fear, until we are supplied with troops better suited to fight him, or the product of our mines is such as to attract a large population, and so literally to crowd him from the scene of action. I am satisfied that the Department commander (Major-General McDowell), who, from actual observation, has a good knowledge of the Territory, is sincerely anxious to afford us every assistance in his power, and that the commander of the District (Colonel Lovell), is actuated by the same spirit. In a recent letter the former says:

“‘You have in Arizona the bulk of the troops which the Government has placed at my disposal. If the number is insufficient, and the kind not such as you may think the most suited to success, it is a matter over which I have no control.’”


The Governor said that Delegate Goodwin had proposed an amendment to the new army bill, whereby the companies of Arizona Volunteers

[page 181]

already enrolled, should be maintained and the number increased to a full regiment, but that Congress refused to legislate for a particular case, and, consequently, the companies were disbanded.

The Congressional Globe does not show any attempt on the part of Arizona's Delegate to engraft such an amendment upon the army bill. If done at all, it was proposed by him to the committee, which turned it down. The only case where Delegate Goodwin appears in the Congressional Globe is when he delivered the following speech in Congress opposing the taking of Pah-Ute County from Arizona. He did not propose any amendment to this bill by which it should be left, not only to the State of Nevada to accept the grant, but to a vote of the people of Pah-Ute County upon the question of such annexation. Delegate Goodwin's speech is as follows:


“I hope the amendment of the gentleman from Maine will prevail. The bill, as amended, would provide for taking a portion of Utah and annexing it to Nevada, striking out so much of the Senate bill as provided for the annexation of any portion of Arizona.

“This bill came to the House of Representatives from the Senate. While it was pending before the Committee on Territories in the Senate, no hearing was had on the merits of this question. With my consent no hearing was had at that time, though I was notified that the bill was pending, for the reason that I desired to hear from my constituents in relation to the matter. When the bill came before the Committee of Territories of the House, a full hearing was had on the merits of the question, and the

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committee, after hearing decided to strike out so much of the bill as related to the Territory of Arizona.

“Mr. Speaker, the House of Representatives is not the most convenient tribunal before which to present a question of this kind. A question regarding the dismemberment of a Territory should be decided upon evidence and facts, and fret upon simple statements made in the course of debate, and the question was so regarded by the Committee on Territories of this House. I hope that the House will adopt the recommendation of the Committee on this subject.

“I can only state very briefly, in the time allotted to me this morning, the substance of the argument, the points that were made before the Committee on Territories. It would be impossible to go over the arguments in full.

“The first objection to taking this portion of the Territory of Arizona is that it is a part of the watershed of the Colorado River. All streams running through that Territory empty into the Colorado. The people receive their supplies up the Colorado River. The principal mail route into Arizona runs down through a settlement about two hundred miles distant from Prescott, which is the capital of the Territory. All their connections and business are with the Territory of Arizona.

“Now, if they were annexed to the State of Nevada, they would be obliged, in order to reach the capital of the Territory, either to go around by San Francisco, or to go up nearly to the point of the overland mail route before, they could get into the route leading to the capital of Nevada. There is no natural connection between this country and the State of Nevada. It

[page 183]

is separated from that state by a portion of the great desert, which presents an almost impassable barrier. It is so perfectly barren that it is called ‘Death Valley.’ That forms the boundary between the two.

“There is another objection to this bill. It establishes a new precedent in legislation. While the consent of the State of Nevada is made a condition precedent to the annexation of this territory, no consent is required on the part of the people of Arizona. They are obliged to take upon themselves the burden of a state government without their consent. I would be perfectly willing that this bill should pass if the people of that portion of Arizona can be permitred to vote on this question and decide it by a majority. And I propose to offer, if this amendment should not be adopted and the bill should pass in its present shape, an amendment of that kind. And sir, I know, and gentlemen who advocate this bill know, that if the bill does pass in this shape, there will be an almost unanimous vote of the people of that portion of the Territory against it.

“It may be urged that there are but few people within this territory. Last year there were fifteen hundred people at least upon the Muddy River, and its branches, and I am informed by the Governor of Arizona, Mr. McCormick, that there are now nearly twenty-five hundred people within this territory, and that by the middle of this summer there will be five thousand.

“The burden of a state government is sought to be imposed upon these people without asking in any way their consent, and I believe that is establishing a wrong precedent.”


[page 184]

Delegate Goodwin, however, proposed no amendment to the bill when it was up for final consideration.

The Third Territorial Legislative Assembly was organized by the election and appointment of the following officers:



[page 185]

It will be seen that there were no other officers or attaches of the Legislature other than those authorized by the Federal law.

Among the laws passed by this Legislature was one creating the office of District Attorney.

One repealing the act creating the office of Attorney-General for the Territory.

One creating the office of Territorial Auditor, to which office James Grant was appointed, and repealing that portion of the Howell Code creating a Board of Territorial Auditors. The salary allowed the Territorial Auditor was five hundred dollars per year, and one hundred and fifty dollars for office and incidental expenses.

One authorizing the Auditor of the Territory to issue warrants on the Treasurer of the Territory in favor of all persons whom the Legislative Assembly of the Territory might direct. These warrants were receivable for all amounts due the Territory. After they were issued and presented to the Treasurer for payment, they bore ten per cent per annum interest.

At this session the salary of the Territorial Treasurer was fixed at the sum of five hundred dollars per annum, and one hundred and fifty dollars per annum to cover his incidental expenses.

The terms of the District Courts in the counties of Pima, Mohave and Pah-Ute were fixed as follows:


“The District Courts in the counties, of Pima and Mohave, on the first Monday in January and the first Monday in June; and the county of Pah-Ute on the third Monday in June.”


Title V of Chapter 50 of the Howell Code, with reference to the location of mining claims for the Territory of Arizona, which reads as follows:

[page 186]


“It shall be the duty of persons who may discover and claim mining rights or mineral lands, at the same time that they may define the boundary of their claim or claims to any lode or mine as required by the provisions of this chapter, to lay off and define the boundaries of one pertenencia as required by the provisions of this chapter, adjoining their claim or claims, which shall be the property of the Territory of Arizona. And at the same time that they present their notice of claim or claims to be recorded by the recorder of the mining district, they shall also present to such recorder the claim of said Territory. And if such discoverers and claimants shall neglect or refuse to present to such recorder the claim of said Territory as aforesaid, they shall forever forfeit all claim to the mine or ledge so discovered by them. Any recording officer recording the claim or claims of such discoveries and claimants, when the claim of said Territory is not filed therewith as aforesaid, shall be subject to all the penalties provided in section 26 of this chapter. Such claim shall be recorded as provided in this chapter for like claims, but no work shall be required to be done thereon, nor shall it be considered to be abandoned so long as it is the property of the Territory, and if sold, the time within which the purchaser shall be required to work said claim shall commence from the day of sale, except when the time is suspended as before provided. Every clerk of the probate court, as soon as he records the said claim, shall send a copy of his record to the treasurer of the Territory, and no fees shall be charged by any recording officer in any matter relating to said claim. And the territorial

[page 187]

treasurer may at any time after six months from the day he receives such record as aforesaid, and at such time and place as in his opinion will be most for the interest of the Territory, cause said claim to be sold at auction to the highest bidder, but every such sale shall be at least twice advertised in the Territorial newspaper, and be held at his office or the office of the clerk of the probate court, or recorder of the mining district of the County where the claim is situated. And the treasurer is authorized to make a deed of the same to the purchaser in the name of the Territory. And the amount received by him shall be added by him to any fund now or hereafter provided for the protection of the people of the Territory of Arizona against hostile Indians, and be expended as provided by law. And after all expenses incurred by the Territorial authorities for the purpose of destroying or bringing into subjection all hostile Indian tribes in this Territory are liquidated, then all remaining or accruing funds out of all or any sales of Territorial mining claims, shall be applied as a sinking fund for school purposes,” was repealed by the Third Legislature, which provided further that all mining claims which had theretofore been located for the Territory, and which had not been sold, should be considered abandoned and subject to relocation.


It will be noticed that in the Howell Code a mining claim is described as a pertenencia. That code defined a pertenencia as a superficial area of two hundred yards square, to be measured so as to include the principal veins or mineral deposits, always having reference to and following the dip of the vein so far as it could

[page 188]

or might be worked, with all the earth and mineral therein.

The Third Legislature passed an act with reference to general incorporations, the first section of which reads as follows:


“Whenever three or more persons shall desire to incorporate themselves for the purpose of engaging m any lawful enterprise, business, pursuit, or occupation, they may do so in the manner provided in this act.”


This law defined fully the manner in which corporations should be formed and also set forth specifically their powers and how their charters might be amended. Copies of the articles of incorporation were to be filed with the county recorder of the county in which its business was located, and also with the Secretary of the Territory. Corporations formed outside of the Territory, whose property was located within the Territory, were required to file copies of their articles of incorporation with the Secretary of the Territory under penalty of forfeiting all their property and rights within the Territory.

This legislature also passed a law concerning roads and highways, authorizing the supervisors of counties to levy a special tax for the building of highways. Section six of this law reads:


“The Board of Supervisors shall have power to levy a road tax on all able-bodied men, which shall not exceed five cents on every one hundred dollars, for road purposes, to be levied and collected at the same time and in the same manner as other property taxes are collected; provided, that the provisions of this section, so far as it relates to the road tax, shall not apply to any of

[page 189]

the incorporated towns or cities of this Territory; and, provided, that all able-bodied men shall pay, in addition to the road tax levied by the Board of Supervisors, the sum of six dollars each, or, at their option, two days' work upon the road under the direction of the road overseer.”


These highways were to be built in each county by the supervisors of the county, upon petition of residents asking for a county road.

The road overseers were required to collect the road tax and to make an affidavit of the amount collected and the amount delinquent. The roads were to be built under the direction of road overseers.

Exactly what the Legislature meant by “levy a road tax on all able-bodied men, which shall not exceed five cents on every one hundred dollars, for road purposes,“ does not appear.

This Legislature passed an act authorizing the Board of Supervisors of Yavapai County to erect a jail and such other public building as in the judgment of said board might be necessary; also to purchase the necessary ground in the town of Prescott upon which to erect said buildings. For this purpose they were allowed to levy a special tax of fifty cents upon each one hundred dollars value of the taxable property in the county of Yavapai, and also a poll tax of one dollar. From this it will be seen that Yavapai County was the first county to undertake the building of county buildings, and a jail.

The Third Legislature passed an act exempting all arms and accoutrements owned and kept by any person or persons for private use, and all wearing apparel of any person or family,

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from taxation, it would seem that by this law every, citizen was authorized to arm himself for self-protection.

Among the resolutions adopted by the Third Legislature was one authorizing the Attorney General to settle with William S. Oury. From this resolution it would appear that Mr. Oury was trustee for one hundred and five muskets, and eighteen thousand rounds of ammunition belonging to the Territory, which were delivered to him for the purpose of equipping a company in Pima County for service in the Arizona Volunteers. Mr. Oury, after correspondence with the Governor of Sonora, and after receiving a promise from him that he would supply the men if arms were given him, handed the arms and ammunition over to the Governor of Sonora, but the company of Sonoranians never made its appearance in Arizona to battle against the Apaches, and in all probability the arms and ammunition were used by the Governor of Sonora against the French.

M. H. Calderwood, who was a captain in the California Volunteers, and, up to the time of his death a few years ago, a resident of the Salt River Valley, made this statement:


“When I was in command of Calabasas in 1865, I was out on the parade ground one evening, when a Mexican gentleman rode up to me and asked me for permission to camp in the ‘potrero’ near by. I granted the desired permission and the next morning when the officers of the post awoke, they beheld before them, encamped on the plain—Calabasas was built on an elevated plateau—the whole army of Governor Ignacio Pesquiera of Sonora, including the serrant,

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property, and everything else belonging to the Governor. Upon inquiry it was found that he had fled across the international border, hotly pursued by Maximilian's French troops. He had reached the border line of Nogales just in time to escape destruction. The French troops had been re-enforced by what was called the Gandara faction of Sonora, (to which reference has heretofore been made), which was yet very strong, although they had been overthrown and routed by Pesquiera some years before. Shortly after this incident the French troops were withdrawn from Sonora, Pesquiera then returning with his forces and once more assuming control of affairs.”


The inference is, and, in fact, Captain Calderwood told the writer, that the American troops Were in hearty sympathy with Juarez and the revolutionists, and those opposed to Maximilian and his empire, and that they supplied, as far as possible, arms and munitions of war to the revolutionists, so it is only fair to presume that when Pesquiera crossed again into Mexico, he carried with him sufficient arms and ammunition to equip an army strong enough to drive out the French and their allies, for it was only a short time thereafter that Pesquiera was again in control in Sonora.

The Second Legislature of Arizona had passed a resolution directing the Attorney-General to collect one thousand and ninety-five dollars from Mr. Oury as the value of these muskets and ammunition. Mr. Oury objected to the price, saying that the arms were old and obsolete, and Mr. Bashford, in his report to the Governor, said that he was not directed or authorized to bring

[page 192]

suit against Mr. Oury, or to compromise the matter. Thereupon the Third Legislative Assembly passed the following resolution:


“Be It Resolved by the Legislative Assembly of the Territory of Arizona:

“That the Attorney-General of the Territory of Arizona is hereby authorized to settle with William S. Oury for the one hundred and five muskets and eighteen thousand rounds of ammunition belonging to the Territory, and which were heretofore delivered to said Oury, and which remain unaccounted for by him, upon such terms as shall be deemed just and equitable by said Attorney-General; and in case the same cannot be so arranged, and said claim adjusted, the Attorney-General is hereby instructed to commence suit therefor.”


The Third Legislature adopted a concurrent resolution thanking the Arizona Volunteers for the services rendered the Territory, which resolution was worded as follows:


“WHEREAS, The officers and men of the First Regiment of Arizona Volunteers have, by the valuable and efficient service they rendered this Territory, in hunting and destroying the wily and implacable Apache during the past year, earned our warmest gratitude and highest praise; and

“WHEREAS, They have inflicted greater punishment upon the Apache than all other troops in the Territory, besides ofttimes pursuing him barefoot and upon half rations, to his fastnesses, cheerfully enduring the hardships encountered on mountain and desert; and

“WHEREAS, The financial Condition of our young Territory will not admit of our offering a

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more substantial reward, and expression of our obligations to them, Therefore,

“Be It Resolved, by the House of Representatives, the Council concurring, that the thanks of this Legislative Assembly be and are hereby tendered to the brave and efficient officers and men composing the late First Regiment of Arizona Volunteers.”


This Legislature also adopted a concurrent resolution thanking Admiral Robert Rogers, commander of the steamer “Esmeralda,” and Captain William Gilmore, Agent of the Pacific and Colorado Navigation Company, for their successful accomplishment of the navigation of the Colorado River to Callville.

It also passed a concurrent resolution thanking the Reverend Charles M. Blake for the presentation of a Bible, which resolution reads as follows:


“RESOLVED, By the Council, the House of Representatives concurring, that the thanks of this Legislative Assembly be tendered to Rev. Charles M. Blake, for the copy of the Holy Bible this day presented through him by the American Bible Society, and that it be deposited in the Territorial Library after the close of the session.”


Evidently Bibles were scarce at this time in Arizona, and religious teaching sadly needed by the solons.

Among the memorials passed by this Legislature were the following:

Asking that the Act of Congress, approved May 5th, 1866, setting off to the state of Nevada all that part of the Territory of Arizona west

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of the thirty-seventh degree of longitude west from Washington, and west of the Colorado River, be repealed. This memorial was in words and figures as follows:


“To the Senate and House of Representatives of the United States, in Congress Assembled:

“Your memorialists, the Legislative Assembly of the Territory of Arizona, respectfully represent that, by an act approved May 5th, 1866, Congress added to, and made a part of the State of Nevada, ‘all that extent of territory lying within the following boundaries, to-wit: Commencing on the thirty-seventh degree of north latitude, at the thirty-seventh degree of longitude west from Washington, and running thence on said degree of longitude to the middle of the river Colorado of the West, thence down the middle of said river to the eastern boundary of California; thence northwesterly along said boundary of California to the thirty-seventh degree of north latitude, and east along said degree of latitude to the point of beginning' Provided, however, that the territory mentioned should not become a part of the State of Nevada until said State should, through its Legislature, consent thereto.

“Your memorialists further represent that to the best of their knowledge and belief, this territory has not yet been accepted by the State of Nevada, in the terms and manner required by the foregoing provision, and that the matter is yet Wholly within the control of Congress, and they earnestly pray that the act by which it is proposed to take from Arizona this important

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part of her territory, be repealed by your honorable bodies.

“The area in question, which embraces the chief part of Pah-Ute County, and all of Mohave County west of the Colorado River, holds a natural and convenient relation to the Territory of Arizona, and a most unnatural and inconvenient one to the State of Nevada. It is the watershed of the Colorado River into which all the principal streams of Arizona empty, and which has been justly styled the Mississippi of the Pacific. By this great river the Territory receives the most of its supplies, and lately it has become the channel of a large part of the trade of San Francisco with Utah and Montana. Moreover, while it is a comparatively short and easy journey from any part of the territory in question to the county seats or the capital of Arizona, it is a tedious and perilous one of three hundred miles to the nearest county seat in Nevada, and to reach the capital of that State, by reason of intervening deserts, including the famous ‘Death Valley,’ over which travel is often impossible and always extremely hazardous, it is necessary to go around by Los Angeles and San Francisco, a distance of some fifteen hundred miles, and a most circuitous way. It is the unanimous wish of the inhabitants of Pah-Ute and Mohave Counties, and, indeed, of all the constituents of your memorialists, that the territory in question should remain within Arizona; for the convenient transaction of official and other business, and on every account they greatly desire it. And on their behalf and in accordance with what appears to be no more than a matter of simple justice and reason, your memorialists earnestly

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request your honorable bodies to set aside the action by which it is proposed to cede it to Nevada, and as in duty bound your petitioners will ever pray.

“RESOLVED, That our Delegate in Congress, Hon, John N. Goodwin, is hereby requested to spare no effort to secure a favorable response to this memorial.”


Congress was memorialized for the establishment of new mail routes as follows:


“To the Senate and House of Representatives of the United States, in Congress Assembled:

“Your memorialists, the Legislative Assembly of the Territory of Arizona, respectfully represent, that in accordance with a concurrent resolution, of which the following is a copy:

“‘RESOLVED, By the House of Representatives, the council concurring, that a committee of three from the House and two from the Council be appointed as a special committee to inquire into, examine witnesses, and take evidence under oath, if necessary, as to the necessity and practicability of memorializing Congress as to establishing other mail routes and putting services on some of those already established, and especially with reference to procuring service from San Bernardino, California, to Wickenburg via La Paz, connecting with that already established from Tubac and Tucson to Prescott; also from La Paz to Arizona City in continuation of that from Mohave to La Paz.’

“A committee was appointed who have examined witnesses and received evidence regarding the necessity and practicability of additional

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mail service to the Territory. Said Committee report that a large and growing commercial population on the Colorado River demands that postal service for the accommodation of the various towns upon that river as well as for convenience of the interior country be at once established upon the route (created by Act of Congress approved June 30, 1864), from Los Angeles via La Paz to Wickenburg, connecting at the latter place with the route from Tubac and Tucson to Prescott, now in operation. This service will prove highly advantageous to the southern and western parts of the Territory. It is also important for the interests of a considerable and increasing mining population that Congress should immediately declare a postal route from Prescott to Lynx Creek, Big Bug, Woolsey's Ranch and Turkey Creek, and put service thereon.

“Service is also needed on the established routes from La Paz via Eureka to Arizona City, and from Prescott via Fort Wingate to Albuquerque on the Rio Grande, and from Fort Yuma via Tucson, to Mesilla. It is also recommended that the route from Wickenburg to Prescott be so changed as to run by Walnut Grove, and that a route be established from Callville to Pahranagat.

“For any further information than that now in possession of Congress and the Post Office Department regarding these several routes, reference is respectfully made to Gird's official map of the Territory of Arizona,

“RESOLVED, That to promote the object of this memorial, the Secretary of the Territory is herewith requested to transmit a copy of the same

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to our Delegate in Congress, Hon. John N. Goodwin, and also a copy to the Postmaster-General.”


Among the laws passed by the Thirty-Ninth Congress affecting Arizona, was one establishing a land office in Arizona, approved March 2nd, 1867, but this law was not enforced, and no appointments were made under it, probably owing to the quarrel between Congress and the President, until the President was succeeded by President Grant in 1869, for the land office in Arizona was not established until 1870.

The appropriation bill included the first of forty installments to be expended under the direction of the Secretary of the Interior for appropriations to Indians, being an amount equal to twenty dollars per capita, for eight hundred persons, as per the second paragraph of the treaty of October 17th, 1865 (probably a treaty made with the Mohave-Apaches), being sixteen thousand dollars for the fiscal year ending June 30th, 1867. For the transportation of goods, provisions, etc., purchased for the Apache Indians for the fiscal year ending June 30th, 1867, there was appropriated the sum of three thousand, five hundred dollars.

Twenty thousand dollars was appropriated for the general incidental expenses of the Indian Service in the Territory of Arizona, to be used in the purchase of presents of goods, agricultural implements, and other useful articles, and to assist the Indians to locate in permanent abodes and sustain themselves by the pursuits of civilized life. This amount was to be expended under the direction of the Secretary of the Interior.

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Congress passed a law granting lands to aid in the construction of a railroad and telegraph lines from the States of Missouri and Arkansas, to the Pacific coast. This law was to aid the Atlantic & Pacific Railroad in the construction of its projected transcontinental line. The law first created the corporation; among the incorporators, of whom there were some one hundred and seventy-five, appeared the names of some of the most prominent men of that time, and also the names of some of the men then prominent in Arizona, or who afterwards became so, such men being J. C. Fremont, A. P. K. Safford, then a resident of Nevada, both of whom afterwards became governors of Arizona. King S. Woolsey, and Coles Bashford, of Arizona, were among the incorporators, as was also Henry D. Cooke, a brother and a partner of Jay Cooke, a great financier of that day and age.

This law prescribed the general route of the proposed railroad, the amount of its capital stock, the time of the first meeting of its directors or commissioners, and, in general, laid out the plans for the organization and conduct of the corporation. It granted to the corporation the right to take from the public lands adjacent to the line of said road, such earth, stone, timber, etc., for the construction of the road, and gave it a right of way of one hundred feet in width on each side of the railroad where it should pass through the public domain, and all the necessary ground for station, buildings, workshops, depots, machine-shops, switches, sidetracks, turntables, and water stations, and exempted the right of way from taxation within the Territories of the United States.

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The law also gave to the corporation every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile on each side of said railroad line through the Territories of the United States, and ten alternate sections of land per mile on each side of said railroad through the different states, wherever the United States had full title.

The law provided further that when the road had constructed twenty-five consecutive miles, three commissioners should be appointed by the President of the United States, and if they should report that twenty-five consecutive miles of said road and telegraph line had been constructed in a good, substantial, and workmanlike manner, patents of land should be issued to said company conveying the land grants made to it by the United States, and this method was to be pursued until the entire road should be built.

The law further provided that the Atlantic & Pacific Railroad Company should commence work within two years after the approval of the act of the President, and should complete not less than forty miles per year, after the second year, and it further provided that the main line of the whole road should be constructed, equipped, furnished and completed by July 4th, 1878.

Any citizen of the United States could subscribe to the stock of the road. The road did not take out patents for their land for many years after the road was built in order to avoid taxes. It paid no taxes on the road until it was consolidated with the Atchison, Topeka and Santa Fe Railroad Company.

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On the 22nd day of January, 1867, a law was approved by the President, which provided that the net proceeds of the internal revenue of certain territories, among which was Arizona, for the fiscal years ending on the 30th day of June, 1866, the 30th day of June, 1867, and the 30th day of June, 1868, should be set aside and appropriated for the purpose of erecting, under the direction of the Secretary of the Interior, penitentiary buildings in the said Territories, the Legislatures of such Territories to designate the location of such penitentiaries, subject to the approval of the Secretary of the Interior. This law further provided that the amount so appropriated should not exceed the sum of forty thousand dollars.

An act was also passed by Congress which provided that after its passage there should be no denial of the elective franchise in any of the Territories of the United States, to any citizen thereof, on account of race, color or previous condition of servitude, and it further provided that all acts or parts of acts, either of Congress or the Legislative Assemblies of the Territories, which were inconsistent with its provisions, should be null and void. This act was signed by Schuyler Colfax, Speaker of the House of Representatives, and by LaFayette S. Foster, President of the Senate, pro tem., and was endorsed by the President: “Received on the 14th of January, 1867.’

The Department of State made the following note in regard to this act: “The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress

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in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.”

On January 22d, 1866, a bill was introduced into the Senate by Pomeroy of Kansas, making appropriations for building wagon roads and for improving the navigation of the Colorado River. It was referred to the committee on public land and never reported out.

A bill was also introduced prohibiting special legislation concerning divorces, etc. This bill passed the House, but failed in the Senate.

By an act approved May 5th, 1866, Congress added to and made a part of the State of Nevada, all of Pah-Ute County, and a part of Mohave County of the Territory of Arizona. The Third Legislature of the Territory of Arizona presented a memorial to the Thirty-ninth Congress in regard to this, which is given in full on a preceding page.

This was all that the Thirty-ninth Congress of the United States did for, or against, the best interests of the Territory of Arizona.

The annexation of Pah-Ute County to the State of Nevada by the Thirty-ninth Congress, was not the only attempt, though the only successful one, to deprive Arizona of parts of her territory. In 1865 Utah tried to get a slice of northern Arizona, claiming that the natural boundary formed by the Grand Canyon cut off that part of Arizona north of the Grand Canyon from easy intercourse With the balance of the Territory. This attempt, however, was not successful, and Arizona still retains possession of a large amount of desirable territory north of the Colorado River and the Grand Canyon, which,

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however, has not been thoroughly explored or densely populated.

For several years the Territory of Arizona and the State of California carried on a dispute as to which one the land upon which the city of Yuma was located belonged. In a preceding volume an account of the location of a survey of the town is given, and it will be remembered that this survey was filed in the proper Government office at San Diego, California. This led to the dispute as to whether the Territory of Arizona or the State of California owned this particular piece of land. Bancroft, in his History of Arizona & New Mexico, speaking of the matter, says: “It had doubtless been the original intention that the Colorado River should be the boundary between Arizona and California, but owing to a peculiar bend of the river, the lines as correctly surveyed from the Gila junction towards San Diego, left a small area south and west of the Colorado opposite Fort Yuma, technically in California. On this area was a considerable amount of desirable property, including the Ferry Buildings.”


“The Arizona Legislature indiscreetly asked Congress for the land in 1864-65; California took the hint; the property was desired by both Yuma and San Diego counties, and a spirited controversy was carried on from about 1867, each claimant ridiculing the other's absurd pretensions. In 1871 there seems to have been some kind of a decision at Washington in favor of Arizona, and after 1873, I find no trace of the dispute.”



1. Did not attend the Session.

2. Did not attend the Session.

3. Did not attend the Session.

4. Did not attend the Session.

5. Did not attend the Session.

6. Mr. Shelton resigned October 9th, when Henry A. Bigelow was chosen Assistant Clerk. Mr. Giles resigned October 27th, when Mr. Bigelow was chosen Chief Clerk, and William H. Ford, Assistant. Mr. Bornman resigned October 16th, when Francis M. Copeland was chosen Watchman.

7. Mr. Shelton resigned October 9th, when Henry A. Bigelow was chosen Assistant Clerk. Mr. Giles resigned October 27th, when Mr. Bigelow was chosen Chief Clerk, and William H. Ford, Assistant. Mr. Bornman resigned October 16th, when Francis M. Copeland was chosen Watchman.

8. Mr. Shelton resigned October 9th, when Henry A. Bigelow was chosen Assistant Clerk. Mr. Giles resigned October 27th, when Mr. Bigelow was chosen Chief Clerk, and William H. Ford, Assistant. Mr. Bornman resigned October 16th, when Francis M. Copeland was chosen Watchman.


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