CHAPTER II. THE FIFTH LEGISLATURE.


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Convening of — Governor's Message — Memorials — Resolutions — Death of Henry Jenkins — Murder of A. M. Erwin by Indians — Treasurer's Estimate of Expenses — Contention Between Arizona and California as to Boundary Line—Appointments by Governor — Report of Territorial Auditor — Report of Territorial Treasurer—Indebtedness of Territory.

The Fifth Legislature convened in Tucson on the 10th day of November, and ended on the 16th day of December, A. D. 1868. In this legislature Mohave and Pah-Ute Counties were represented in the Council by Octavius D. Gass. John T. Alsap, from Yavapai County, a resident of the Salt River Valley, was the only member of the Council from that County. Pima County was represented in the Council by Estevan Ochoa of Tucson, Henry Jenkins of Tucson, who died during the session of the Legislature on November 20th, 1868, Daniel H. Stickney, of Casa Blanco, and Alexander McKay, of Tubac. Joseph K. Hooper, who had been elected to the Council from Yuma County did not attend the session, so that county was not represented.

It will be seen that there was only a bare majority of the upper house during the greater portion of this Legislature, as at that time it was composed of nine members.


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In the House of Representatives Andrew S. Gibbins represented Pah-Ute County, and John Smith was the only representative from Yavapai County out of six who had been elected. This was John Y. T. Smith, whose home at the time was at Camp McDowell. Thomas J. Bidwell and Oliver Lindsey, both of La Paz represented Yuma County. All of the Pima delegation, consisting of Jesus M. Elias, Francis H. Goodwin, Hiram S. Stevens, John Owen, John Anderson, Sol. W. Chambers, and Robert M. Crandal were present during the session. The lower House was entitled to a membership of eighteen, of whom seven failed to appear.

This Legislature organized by the election of John T. Alsap President of the Council, and Thomas J. Bidwell Speaker of the House. Among the officers of the Council were L. M. Jacobs, who was Engrossing Clerk, and B. M. Jacobs, Enrolling Clerk. They were afterwards prominently identified with the mercantile and banking business in Tucson. Another officer of the Council was the Chaplain, Bishop A. B. Salpointe, whose activities in connection with the early history of the Catholic Church in Arizona have heretofore been recited, and who is, at the present time, the presiding Catholic Bishop of the State.

Governor McCormick, in his message, called the attention of the Legislature to the activities of the hostile Apaches, and criticised the course pursued by the Federal Government which had produced no results proportionate to the expense incurred, leaving the Apache as bold and


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successful in that day as ever before. He recommended the renewal of the memorials to Congress of the Third and Fourth Legislatures; urging the enlistment of volunteers by the Government for the subjugation of the Apaches.

In reference to railroads and telegraphs, he said:

‘‘

The building of a railroad across the Territory is one of the most important steps toward the subjugation of the Apache that can be taken, and for this reason and for many others that will occur to you, I suggest that you pray Congress to render such assistance to the company or companies proposing to build such road as will insure an early completion of the work. Were the Territory not infested with hostile Indians the difficulty and expense of getting here until such railroad is provided must make it slow of settlement and prove a great drawback to its progress. Under existing circumstances its construction were equal to the sending here of a dozen regiments of troops, and is essential in order to make the country available to the public, and to secure to the Government the revenues which with proper aid it will so abundantly return.

Parties who since the meeting of the last Assembly have surveyed the routes across the Territory declare them to be most practicable, and there is a growing belief both in California and the East that the popular and profitable Pacific railroad will go through Arizona.

In this connection I may refer to the fact that telegraphic communication is now complete


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to Santa Fe, New Mexico, and that by connecting mails we receive news from all parts of the world in ten days. I am informed that parties stand ready to extend the wires across Arizona to California if reasonable encouragement is given. If you can in any way assist the enterprise I am sure you will do so.

’’

The Indian question was treated as follows:

‘‘

The active military movements against the Wallapais brought most of them to terms some months since, and a number were placed upon a temporary reservation near Fort Mohave, but I learn they are again upon the warpath, roaming chiefly upon the Mohave and Prescott road. They are a weak tribe and their hostility cannot continue long.

When work upon the Great Colorado reservation was suspended, owing to the exhaustion of the Congressional appropriation, the Apache, Mohave, Yavapai and other Indians gathered there, took to the mountains, and depredations near La Paz and Wickenburg are attributed to them. If they have begun hostilities it is probably in view of the recent killing by citizens of a venerable chief and others of their tribes at La Paz, a transaction which whether partaking of the unjustifiable character now reported or not, goes to demonstrate the importance of legislation to prevent the assumption by irresponsible parties of steps which sooner or later must produce disastrous results, counteracting the influence of the authorities and leading Indians to lose all confidence in the whites. While no treatment can


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in my judgment be too severe for the hostile Indians, those disposed to be friendly should be entitled to the same protection from the laws as other persons owing allegiance to the Government enjoy.

The Pimas and Maricopas lost a part of their crops by the unusual flood of September last, but they are generally prosperous, although but slightly provided for by the Government.

All who comprehend the Indian character will rejoice that the Indian commission has reached the view long held on the frontier, that the Government should cease to recognize the Indian tribes as a domestic independent nation, except so far as it may be required to recognize them as such by existing treaties, and by treaties made but not yet ratified; that hereafter all Indians should be considered and held to be individually subject to the laws of the United States except where and while it is otherwise provided in such treaties. Such course will be commended to Congress by the Commission, with another good suggestion, viz.: to clothe, protect and assist all Indians, no matter of what tribe, who will go upon the reservations and stay there.

’’

The Governor said, in reference to mines and mining:

‘‘

The Wickenburg gold mines are worked without interruption, and steadily yield a large revenue. The Vulture lode, the Comstock of Arizona, now has a wide and merited fame. It is one of the richest, most extensive and remarkable deposits of gold quartz upon the continent,


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and its return to this time is believed to be an earnest of what may be expected from it in the future.

Unfortunately the mills erected in the vicinity of Prescott were put either upon worthless lodes or upon those in which ores predominate which cannot be made to pay by ordinary treatment. The chlorination process has lately been introduced there, and it is expected that it will prove successful as in California and Colorado. If such is the case, the hopeful people who have clung to that part of the Territory, under most annoying delays and disappointments, will speedily reap the reward due their patience and pertinacity.

Upon the Colorado river little is doing in mining; the low price of copper has not warranted the continuous working of the lodes at Williams Fork and other points, although a renewal of operations at an early date is promised. From the Eureka and Castle Dome districts there is a steady and profitable shipment of lead ore to San Francisco, and work upon several silver lodes in that district is vigorously prosecuted as it is upon several gold lodes near la Paz and Hardyville.

Below the Gila, the Cababi mines continue to yield a good return of silver and a fine mill is in process of erection at Apache Pass, where the gold lodes are attracting much attention and give excellent promise. Confidence in the mineral resources of the Territory is unshaken, and those most familiar with them believe that once secure from Indian depredations and made accessible


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by the iron rail, Arizona will take front rank among gold, silver, and copper producing districts of the world.

Late last year, at the request of J. Ross Browne, United States Mining Commissioner, I prepared as complete a statement of the mineral discoveries and results in the Territory as the time and material at my command would admit of. It will be found in his elaborate report upon the 'Mineral Resources of the States and Territories West of the Rocky Mountains,' published by Congress, and although imperfect in some particulars, will, I trust, be serviceable to the Territory in giving the public an idea of its mineral affluence, and attracting capital and population.

Arizona, in common with the other mineral bearing Territories, is interested in the passage of the bill now before Congress looking to the endownment of a School of Mines from the proceeds of the tax upon gold and silver bullion, a most necessary and promising scientific movement, and it may be well for you to add to the appeal in its behalf by a memorial or resolution as you deem best.

’’

In reference to Agriculture, he said:

‘‘

Although the seasons vary with each year, it is now well established that most of the valleys and river bottoms throughout the Territory may be successfully cultivated. Much attention is given to agriculture, and the product of the year is largely in excess of that of any previous one. Corn, wheat, and barley attain a perfect growth at most points, and the


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vegetables will compare favorably with those of any country. About Prescott the yield of potatoes of an excellent quality has this year been large. The few fruit trees planted to this time are thrifty, and it is thought the favorite fruits can be raised at various places in the Territory. The military are supplied with grain without drawing upon California as in years past, and comparatively little flour is brought from abroad. The prospect is that at an early day all required will be made in this Territory.

The new and prosperous farming settlements of Phoenix, upon the Salt River, and Florence on the Gila river, are demonstrating the richness of the soil in the broad valleys of those great streams and the facility with which it may be irrigated and cultivated. The climate is found to be neither oppressive nor unhealthy as heretofore popularly supposed, and the belief that large communities have subsisted upon the produce of the valleys in the far past is strenghtened by the accumulating evidence of their rare fertility. Tens of thousands of acres as valuable and easy of tillage as those now occupied remain unclaimed, and as the region is central, near to the reservations of the friendly Pima and Maricopa Indians, and seldom molested by the Apache, it offers peculiar inducements to settlers, and is commended to the numerous parties crossing the Territory from Texas and other states as having advantages equal, if not superior, to any held out to them farther west.

While the lands that do not need irrigation and those that may be irrigated from streams


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are extensive and all sufficient for a much larger population than is here at present, the soil of much of what is known as the desert country, is exceedingly rich, and if supplied with water by a system of artesian wells, as there is every reason to believe it may be at a reasonable cost, must abundantly repay cultivation. The great valleys and plains upon the roads from the Colorado to Wickenburg and Prescott, those between Sacaton and Tucson, and the plains about Tucson, those of the Cababi and Fresnal districts, and others not frequented by the Apaches, and more accessible than much of the land now occupied, may, I believe, with such wells, be made to blossom as the rose, and to produce crops that will surprise the world. I recommend, if the existing laws of the Territory regarding wells upon deserts is not liberal enough to induce the sinking of artesian wells, that it be made so.

’’

Under the head of "Various Recommendations" the Governor recommended that more attention be given to educational matters; that a new and earnest memorial to Congress regarding the boundaries of the Territory at Arizona City, (Yuma), should be presented to Congress; that encouragement should be given citizens establishing ferries on the Gila and Salt rivers; such ferries being an absolute necessity to communication between the lower and upper country several months in each year, and the travel not being sufficient to support them; that the act of the last Assembly "to prevent and punish the sale of liquor to Indians, does not


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secure the ends desired, and should be made more complete and stringent." That although the thoroughfares throughout the Territory were generally good, in some of the mining districts, particularly in Yavapi county, there was need of improvement and certain new roads were necessary to ready communication, among them being one from Wickenburg to Prescott, via Walnut Grove, which would save many miles of travel between those points, and one from Phoenix to Prescott, via the Agua Fria, which would open a direct and comparatively short route from Tucson to Prescott; that no aid having been given by the Government for the building of roads in the Territory, a reasonable appropriation for the construction of these new roads and for such improvements upon existing roads as may be necessary could, with propriety, be asked of Congress.

Continuing, the Governor stated:

‘‘

There is a gratifying improvement in social life throughout the Territory. In the chief towns the houses are of a better character than a year or two since, and the ranchmen who have prospered have generally improved their structures. There is a growing disposition to live rather than stay here, to build homes and make them attractive, to cultivate household affections and loves, and society is assuming that organization which is necessary to pleasing and profitable existence.

’’

The Governor concluded his message by referring to his election as a Delegate to the Forty-First Congress of the United States, and


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pledged his support there to all measures which might be introduced to upbuild and promote the prosperity of the Territory.

The first memorial passed by this Legislature was one to Congress asking for an appropriation of a hundred thousand dollars for the erection of a capital building at Tucson, the seat of government. Another was to the Secretary of War asking that authority be given to the commanding officers of the various military posts, to furnish arms and ammunition to citizens known to them, whenever it was believed by said commanding officer that such citizens could and would render effective service against hostile Indians, the arms to be receipted for by the parties to whom they were loaned, and to be promptly returned upon the completion of the service for which they were given.

Another memorial to Congress asked that the time fixed by Congress for the appropriation of the net proceeds of the Internal Revenue to the building of a penitentiary, be extended until the sum appropriated, forty thousand dollars, should have accumulated. Another asked for the establishment of a Mail Route from Tucson to Sasabi Flat, and still another asked Congress for an appropriation of $2,000 to pay for a library for the Territory. The Legislature also memorialized Congress for an appropriation to codify the laws of the Territory, and also asked that a Surveyor-General be appointed for the Land district of Arizona Territory, and for an appropriation to survey the land in said district.


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This Legislature passed joint or concurrent resolutions as follows:

One requesting the Territory's Delegate in Congress to ask for the establishment of a mail route from Tucson to Wickenburg via Camp Grant, Florence, Phoenix and Camp McDowell; also that a semi-weekly service be put on from Prescott, Arizona, to Albuquerque, New Mexico; one recommending the establishment of a United States Depositary at Tucson; also a joint resolution which is in the nature of an appropriation bill, which reads as follows:

‘‘

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

That the Territorial Treasurer shall set apart from the Territorial funds, from time to time, a sufficient amount of money to pay all the legal, current and contingent expenses of the Territory of Arizona, for the year ending December first, A. D. one thousand eight hundred and sixty nine.

Approved, December 15, 1868.

’’

A concurrent resolution was passed asking Arizona's Delegate in Congress to solicit an appropriation of five thousand dollars to be given as a premium to the person or persons who should first sink an artesian well upon the desert lands of the Territory, the same to be paid by the Secretary of the Interior, upon his receiving satisfactory proof that such well was a success, said proof to be furnished by the Governor and Secretary of the Territory; also the following resolution regarding his Excellency Governor Richard C. McCormick:


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‘‘

Resolved, by the House of Representatives, the Council concurring, that the fifth Legislative Assembly, cordially joins in the sentiment expressed by previous Legislatures, that his Excellency Governor Richard C. McCormick, has both in his official and personal relations, shown himself to be the true friend and intelligent advocate of the best interests of Arizona.

Resolved, that his long and zealous public service, in the face of many obstacles, and his thorough knowledge of the country and its resources, will entitle him to the confidence shown by the people in his election as their Representative in the Congress of the United States, and must ever honorably identify his name with the organization and history of the Territory.

’’

One member of the Legislature, Henry Jenkins, of Pima, died during the session. The following obituary by one of his colleagues, Mr. McKey, of Pima, was delivered in the Council on the 20th of November:

‘‘

Mr President—It becomes my sorrowful duty this morning to announce to this body the demise yesterday at one o'clock P.M. of one of the most honored and esteemed members of this Council, Hon. Henry Jenkins, from Pima County. He was a gentleman of the 'olden school,' so much so, in fact, he never could adapt himself fully to the latter day free and easy life of the West. Of an excellent education, and a careful early training, he never forgot those associations. Much in public life and ever popular, familiar with all public questions, and having a high sense of honor, as a pioneer he


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was hopeful and patient; as a legislator he was ever careful, judicious and upright; as a citizen, liberal, courteous and public spirited. Having frailities as all have, even they 'leaned to virtue's side.' He was a member of the Third, Fourth and Fifth legislatures of Arizona, and in his earlier years he had been a member of the New York Legislature, and was there considered the peer of the great statesmen of the Empire State.

He leaves a family in Albany, New York, to mourn his loss. We regret him as a brother member, and as an esteemed citizen, but not as those who have no hope. We have faith to believe that we shall all meet again beyond the valley and shadow of death. May his remains rest in peace.

’’

Another member of this Legislature was killed by the Apaches before the Legislature convened, A. M. Erwin, upon whose death a special committee reported the following resolutions expressive of the sympathy and condolence of the Legislature:

‘‘

Whereas, it has pleased an all wise Providence to call from our midst Mr. A. M. Erwin, a member elect of this body, and whereas, in his decease our Territory has lost one of its most noble and energetic citizens, therefore, be it

Resolved, that we fully appreciate the brave and valuable services rendered to the people of this and adjoining Territories by the deceased during his term of service in the California Volunteers.

Resolved, that we deeply sympathize with the relatives of the deceased, that one so young,


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so brave, so noble in all his traits of character, should be thus early taken from them by the fatal hand of the so much dreaded Apache.

Resolved, that the Clerk of this House furnish the relatives of the deceased with an official copy of these resolutions.

’’

The committee on Military and Indian Affairs made the following report:

‘‘

First. The Territorial Militia have neither organization nor ammunition. Therefore, we are unable to afford any protection to the people of this Territory, and this condition will continue unless the General Government furnishes the requisite means of defense.

Second. The Indians of the Territory are arrayed in deadly hostility to the whites, butchering and robbing on the highways and ranches, and every footpath from the Rio Grande to the Colorado river. Life and property are unsafe even in the immediate vicinity of military posts. The time has arrived, in the opinion of your committee, when some decided action should be taken in the premises, so that white settlers in the country can understand whether they have the predominating power, or that the Government will protect its citizens against a horde of demons in human shape, called 'Lo! the poor Indian.'

The Legislature of the Territory has respectfully memorialized Congress for the four past consecutive terms; but up to the present time no action has been taken in the premises.

Your committee are of the opinion that our Delegates have been negligent of their duty, or


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the Government has been unmindful of the wants of the citizens of this Territory.

The present military force in the Territory is inadequate to the protection of the citizens therein; and it matters not how well the present number of troops may be disposed of, or however anxious the commanding officer of the district or the officers and soldiers under his command may be, to render assistance to the settlers, under the present arrangement of military affairs. Every effort would prove an entire failure, unless a larger number of troops can be placed in the command of the district commander, in order to give them the opportunity of making rapid movements, and following up the same with success.

But so long as certain Indians are permitted to draw rations from certain government posts or reservations, so called, to sustain their families and supply their own wants, and fit themselves out for a more successful campaign against the whites, it is utterly impossible for the military to put an end to these infernal devils, called Apaches.

Your committee fully believes in placing the entire management of Indian affairs under the control of the military commanders of the different military districts, until they are subjugated and placed on reservations; and are made to earn their bread by the sweat of their brows, instead of murdering and robbing the whites. The blood of white men cries revenge from every hill, valley and nook.

The mourning of the fond wife for her husband is borne on every breeze. The cry of the


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orphan is heard in every hamlet. Numbers of our people have been taken captive, tortured cruelly, and burned at the stake. During the last seven years over eight hundred persons have been murdered in the highways and ranches within the limits of this Territory. The roads and byways throughout this Territory are marked by monuments of savage ferocity; fresh victims fall day by day on their journey through the country.

Your Committee would be unmindful of their duty as Representatives of the people, and as citizens of the Territory did they fail to represent their constituents as a law-abiding, industrious and ever hopeful community.

Your Committee would urgently request our Delegate in Congress to represent the facts set forth in this report in unqualified terms.

(Signed) D. H. STICKNEY,

Chairman of Committee on Military and Indian Affairs.

’’

An estimate of the expense for running the Territory for the year ending November 1st, 1869, was made by John B. Allen, Territorial Treasurer, and was as follows:

‘‘

TERRITORY OF ARIZONA,

Office of the Treasurer.

Tucson, December 8, 1868.

Hon. Thomas J. Bidwell, Speaker of the House of Representatives, Fifth Legislative Assembly.

Sir:—In pursuance to law, I herewith submit an estimate of the current expenses of the


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Territory from November 1st, 1868, to November, 1st, 1869, viz.:

Expenses of Supreme Court, as audited by Judges of the late Supreme Court… $293.52
Salary of Territorial Auditor… 650.00
Salary of Territorial Treasurer… 650.00
Rent of room for Territorial Library… 150.00
Distribution of Acts and Journals… 50.00
Territorial Prisoners … 500.00
Incidental Expenses … 150.00
Total… $2,443.52

Other expenses may arise during the year.

Very respectfully,

Your obedient servant,

(Signed) JOHN B. ALLEN,

Territorial Treasurer.

’’

In reference to the contention as to the boundary line between Arizona and California, the Committee on Counties and County Boundaries, through its Chairman, Mr. McKey, submitted the following:

‘‘

Mr. President:—It devolves upon me to report, as Chairman of the Committee on Counties and County Boundaries from the Council and the Committee on Federal Relations from the House, who met jointly, and who had under consideration the matter of the disputed strip of land south of the Gila river and east of the Colorado, and in connection therewith, a report made by the Hon. Mr. Meagher to the California Legislature upon the subject:


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He says, speaking of that State, that ‘‘our southern boundary has been considered in this State as determined and run by the Boundary Commissioners of Mexico and the United States.’’

As to this point none, I presume, are disposed to disagree with him, but as to what precise territory was included in that boundary there seems to be a question in the minds of the California Legislators.

The report before referred to, appears to be based upon as much ignorance with regard to this question, as was the action of the first two Legislatures of Arizona, which committed the grave error of memorializing Congress upon the subject; when, if they had examined the question, they would have found that the State of California never claimed the disputed land, and that Congress had specifically included it in the Territory of New Mexico in the Organic Act for that Territory.

The Constitution of California in giving the boundaries of that State, claims the middle of the main channel of the Colorado River below the thirty-fifth parallel of north latitude down to the line between Mexico and the United States, as her line.

Arizona claims that the western boundary line, consists of the middle of the main channel of the Colorado river, running southerly to the Sonora line.

How it was possible for the first Legislature of this Territory to overlook her own acts, as to this matter, and the language of the Organic Act of New Mexico, so far as to recognize the


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usurpation by the county of San Diego, as to cause it to memorialize Congress upon the subject, is a matter of astonishment, to say the least of it.

Mr. Meagher says ‘‘Recently the Territory of Arizona has set up a claim,’’ etc.

He is mistaken in his statement: we have always claimed this Territory and have ever maintained that there were no tenable reasons why San Diego should hold any authority over it. Let us see for what reasons or upon what grounds we base these claims.

In the first place, in the year 1849, California, by the vote of her people ratified the Constitution of that State, in which the limits are plainly set forth. After fixing the northern line to where it intersects the 39th degree of north latitude, it says: Thence running in a straight line in a southerly direction to the river Colorado, at a point where it intersects the 35th degree of north latitude, thence down the middle of the channel of said river to the boundary line between Mexico and the United States, as established by the treaty of May 30th, 1848, thence west, etc., to the Pacific Ocean.

Now, Sir, it would appear that the above-quoted language was sufficient to satisfy any unprejudicial mind that California never claimed an inch of land east of the Colorado river, nor has she ever done so, until the last session of the Legislature of that State, which was induced by the wrong action of the Legislature of this Territory in memorializing Congress to give to us that which I shall convince any and all who will carefully examine the subject, was always ours.


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But before entering into a description of the peculiarities of the junction of the Gila and Colorado rivers, I deem it necessary to draw your attention to the provisions of the treaty of Guadalupe Hidalgo.

In that treaty (article 5) after bounding the Southern Territory acquired thereby, until coming to the Gila river, it says:

‘‘Thence down the middle of the Gila until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California to the Pacific Ocean.’’ But, says the treaty, in order to preclude all difficulty in tracing upon the limit separating Upper from Lower California, it is agreed that the said limits shall consist of a straight line down to the Rio Gila, where it unites with the Colorado to a point on the Pacific Ocean, etc.

To those who are not conversant with the minute points of the geography of the junction of these two rivers, it is necessary to say that at the junction, and for miles around and above this junction, it is one immense mud flat, over which the Colorado river (at all times when high) overflows; and all the apparent circumstances go to show, and those who were on the ground at the time of running the line by the Commissioners who fixed the line between the Republic of Mexico and the United States, by the treaty of Guadalupe Hidalgo, say that all of said flat country was inundated at that time.

This accounts for fixing the initial point up the Rio Gila some hundreds of yards from its actual mouth, when both rivers are low, advantage


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being taken of the high condition of the Colorado, in connection with the language of the treaty, which says:

‘‘That the boundary line between Upper and Lower California shall consist of a straight line drawn from the middle of the Rio Gila, where the Colorado, etc.’’

The high condition of the Colorado at the time, owing to the flatness of the country, left the place of unity between the two streams very indefinite; but a point was agreed upon between the Commissioners from which to start, for the purpose of dividing the two Californias. But there is no good reason to doubt but that the intention of the plenipotentiaries was at the time of making the treaty, to cross the Colorado river directly from the fact that the general course of the Colorado is north and south, and this dividing line runs directly west; but owing to a short bend from south to west, this line starting from the agreed initial point, did not cross the Colorado until the Commissioners had run six and a half miles, cutting off a strip of land between the line and the river on the west varying from a few hundred yards to three-quarters of a mile in width.

It must be kept in view, however, that this line was to be run for the express purpose of dividing Upper from Lower California.

Now that it is understood that this line was for the sole purpose of dividing the Californias, will any one claim that it divided any part of the Californias before it crossed the Rio Colorado?

If either of these States ever claimed an inch of territory east of the Colorado river,


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then it were possible, but as neither of them ever made any such claim, then it is simply ridiculous to suppose that this line divided them before reaching their territory; the initial point notwithstanding, which was so fixed by the Commissioners for the reasons before given. And when running this line, where they struck the bank of the Gila on the south or western side, from the middle of the mouth thereof, they came to the bank some four hundred yards from the Colorado river, and run six and one half miles before coming to the Colorado river. But bearing in mind that California in her Constitution claims the middle of the Colorado as her boundary, as between her and any other Territory of the United States, and this Constitution was accepted by Congress, and California was admitted as a State, September 9th, 1850.

The Organic Act creating the Territory of New Mexico by Congress was approved on the same day, and in giving the boundary limits of said Territory, in this act they commenced the boundary in the Colorado river, where the boundary line with the Republic of Mexico crosses the same; thence easterly with the said boundary line to the Rio Grande, with the meanderings east, north and then west, until it intersects the line of California at the northwest corner of Pah-Ute County; thence back on the California line down the Colorado river to the place of beginning. I ask, is this conclusive?

California has never claimed this disputed territory until the action of her last Legislature. And Congress, right at the time of the admission


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of California as a State, did include this strip within the limits of the Territory of New Mexico, and has since created all the Territory west of a certain line, the Territory of Arizona, which had been included with the former limits of New Mexico.

In the name of common sense and good reason, if this strip of land belonged to California, why did not California protest, or why has she not long before this made complaint? Or, if we admit for a moment that it did belong to her, why did Congress commence the boundary of New Mexico by starting six and a half miles off the edge or border of the Territory to be prescribed by said boundary, and follow thence easterly, northerly, and westerly to the California line, at the northwest corner of Pah-Ute County; and thence following said California lines back and down the Colorado river to place of beginning? What was the object in commencing six or seven miles down the Colorado river and running to the Gila by the line formerly established by the Commissioners, and then afterwards, when they got back to the mouth of the Gila river, why did they run down the river to the place of beginning?

Did the territory included within these limits below the Gila belong to California? Sir, it is presumption to contend for any such thing. Now, Mr. President, all of the foregoing may be summed up in these few questions:

Has California ever claimed this strip of land before her last session? She has never before claimed it.


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Do her constitutional bounds claim it? That instrument does not claim any territory west of the Colorado river, nor ever has, nor did either of the old Californias under Mexican rule claim any such thing.

But Congress did claim and include it within the bounds of the Territory of New Mexico in her Organic Act. And, last, though not least, Arizona did claim it from her first organization. But from want of a proper understanding in the first two Legislatures she did commit the grave mistake in memorializing Congress to give her territory already belonging to her by nature, by the Organic Act, and the law of this Territory and the laws of Congress.

’’

The foregoing seems to have been conclusive as to that controversy as there was no subsequent action taken in reference thereto by California or by Congress.

The Governor submitted the following to the Legislature:

‘‘

TERRITORY OF ARIZONA,

Office of the Governor.

Tucson, December 12, 1868.

Hon. John T. Alsap, President of the Council:

Sir: The following appointments have been made by me since the adjournment of the last legislature, and are respectfully submitted to the Council for confirmation:

December 31st, 1867, John B. Allen, Territorial Treasurer.

July 1st, 1868, Charles H. Lord, Territorial Auditor, vice James Grant, resigned.


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July 20th, 1868, John S. Thayer, as Probate Judge, vice Sidney R. DeLong, resigned.

September 7th, 1868, James H. Toole, Adjutant-General.

(Signed) RICHARD C. McCORMICK.

’’

The Territorial Auditor made the following report: ‘‘

Tucson, October 20th, 1868.

Hon. R. C. McCormick, Governor of the Territory of Arizona.

In accordance with the provisions of section 10 of the Act approved October 5th, 1867, I herewith furnish you a full exhibit of the claims audited and warrants issued by me from the time of my appointment, July 1st, 1868, to this date.

I am, with respect, your obedient servant.

CHARLES H. LORD,

Territorial Auditor.

LIST OF CLAIMS AUDITED AND WARRANTS ISSUED, 1868


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July 1st, 1868.
Claim No. 116—Lord & Williams, for cost and charges on bond books for Territory, under act of October 5th, 1867. Warrant No. 140… $75.00
Claim No. 117—Lord & Williams, for interest on bonds, gold or equivalent; Act of October 5th, 1867. Warrant No. 141… 475.00
Claim No. 118—Lord & Williams, for interest on bonds, Act October 5th, 1867. Warrant No. 142… 475.00
Claim No. 119—Lord & Williams, for interest on bonds, Act of October 5th, 1867, gold or equivalent. Warrant No. 143… 275.00
July 3rd, 1868.
Claim No. 120—G. H. Oury, for six months' salary as Attorny General; Act October 5th, 1867. Warrant No. 145… 30.00
July 24th, 1868.
Claim No. 121—J. B. Allen, for three months' salary as Territorial Treasurer; under Act October 5th, 1867. Warrant No. 145… 162.50
October 19th, 1868.
Claim No. 122—P. R. Brady, Sheriff of Pima County, for care of Territorial prisoners; Act of October 5th, 1867. Warrant No. 146… 192.00.
’’

The Territorial Treasurer made the following report: ‘‘

TERRITORY OF ARIZONA,

Office of the Treasurer.

Tucson, November 1, 1868.

To the Honorable the Fifth Legislative Assembly:

In compliance with the requirements of section 10, of 'An Act concerning Territorial Indebtedness,' approved October 5th, 1867, I have the honor to submit herewith a report of the transactions of the office from the 15th of January, 1868, at which time I assumed its duties, to this date, accompanied by statements relative


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to the financial condition of the Territory, more particularly detailed by statement 'A'; showing in tabular form an account of all Bonds issued by the Treasurer since the organization of the Territory.

Statement 'B' giving a detail of all warrants outstanding, with interest thereon, computed November 1st, 1868.

Statement 'C,' an exhibit of all receipts and disbursements.

Statement 'D,' recapitulating the above, and showing the entire indebtedness in currency, up to November 1st, 1868.

I regret to say that no report, either monthly or quarterly has been received at this office from the Treasurer of Pah-Ute County since my assuming the office; from the Treasurer of Mohave County since July last; from the Treasurer of Yuma County since August 8th; and from the Treasurer of Yavapai County since July 6th.

I do not know, nor have I had any means of ascertaining, what amount of taxes has been levied and collected in the above mentioned counties during the present year for Territorial purposes.

The report of the proceedings of the Board of Supervisors of Yavapai County, as published in Miner, states that twenty-five cents on the one hundred dollars was levied for Territorial purposes, although the law requires that fifty cents on the one hundred dollars should be levied.

It will be too apparent to you, from a consideration of this statement, that a careful revision of the revenue laws is necessary.


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Although the people have cheerfully contributed of their hard earnings a sufficient amount to meet all the obligations of the Territory, yet through the delinquency of a few county officers, who were sworn to perform, and are paid to do their duty, we are compelled to declare officially that Arizona has failed to make good her promises to pay.

ESCHEATED ESTATES.

During the last five years many of our bold pioneers have fallen by the hand of the dread Apache, and some by disease, who have left large estates to the Territory, and yet not a dollar has reached the Treasury from this source, although some estates have been in the hands of administrators for years. It is due to the memory of those worthy men that the proceeds of their estates be applied toward establishing public schools, so that their labor may find some reward.

In this connection I would respectfully recommend the passage of a special act in respect to escheated estates now in the hands of the several administrators, the effect of which will be to place within one year, into the Treasury, the proceeds of all escheated estates.

I would furthermore respectfully recommend that the County Treasurers be made ex officio Public Administrators of their respective counties, and be required to make quarterly returns to the Territorial Treasurer, the same as in other matters.

The proceeds of escheated estates once in the Treasury, the Legislature could make such disposition thereof as they deem proper.


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The act approved October 5th, 1868, entitled 'An Act concerning Territorial Indebtedness,' contemplated the funding of the Bonds and Warrants therein specified.

No bonds have been issued under the provisions of that Act. A question involving the legality of the act having arisen, and being now pending before the Courts, parties holding those Bonds and Warrants prefer retaining them, and the Treasurer is barred from paying them principal or interest. The repeal of sections 1, 2, 3, 4, 7 and 9 of said act is necessary.

It may be of interest for you to know that the amount of internal revenue assessed in Pima County from January 1st to October 30th, 1868, is $7,791, and the amount collected up to November 1st, 1868, $6,050.

No statement has been received from the Collectors in other counties.

All of which is respectfully submitted.

JOHN B. ALLEN,

Territorial Treasurer.

’’

The statement "D," referred to in the Treasurer's Report, showed that from the 1st day of June, 1868, to and including the 31st day of October, 1868, the Treasurer had received from all sources, the sum of $8,479.86, and that during the same period he had disbursed the sum of $5,611.80, leaving cash in the Treasury, $2,868.06. At the date last mentioned the Territory had a total outstanding indebtedness of $62,961.05, evidenced by bonds and warrants.

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