USA > Arizona > History of Arizona, Vol. III > Part 6
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"Precinct No. 4-Pima Villages and vicinity. Polls to be held at A. M. White's store, at Pima Villages.
"The Second Council District is comprised within the limits of the Second Judicial District, as defined by my proclamation aforesaid. This District will be entitled to elect two Councilmen and five Representatives.
"Precinct No. 1-Arizona City and vicinity, including La Laguna. Polls at the store of George F. Hooper & Co., in Arizona City.
"Precinct No. 2-Patoto, including the Eu- reka and Silver Mining Districts, and Castle Dome. Polls at the Recorder's office of the Cas- tle Dome Mining District.
"Precinct No. 3-La Paz and vicinity, includ- ing Mineral City, Olive City, and the Mining Districts of La Paz, Weaver and Williams Fork. Polls to be held at the house of G. M. Holaday, at La Paz.
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EARLY TERRITORIAL DAYS.
"Precinct No. 4-San Francisco Mining Dis- trict, including Fort Mohave and Hardy's Land- ing. Polls at the office of T. Scott Stewart, Re- corder of the Mining District.
"Precinct No. 5-The Colorado Mining Dis- trict, including El Dorado Canon. Polls to be held at the Recorder's office of the Mining Dis- trict.
"The Third Council District is composed of all that portion of said Territory comprised within the limits of the Third Judicial District, as de- fined by my proclamation aforesaid. This dis- trict will be entitled to elect 3 Councilmen and 4 Representatives.
"Precinct No. 1-Agua Caliente and vicinity. Polls at the house of George Martin.
"Precinct No. 2-Weaver and ranches in the vicinity, including Lower Hassayampa, Indian Creek and Antelope Diggings. Polls at the store of B. F. Howell, in Weaver.
"Precinct No. 3-Prescott, Fort Whipple, and vicinity, Goodwin, Groom's Creek, and Upper Hassa yampa. Polls to be held at the house of Dr. T. P. Seeley, in Prescott.
"Precinct No. 4-Walker's, Lynx Creek, Woolsey's Ranch, Big Bug, and Bradshaw's Diggings. Polls to be held at the house of Clin- ton & Baxter, on Lynx Creek.
"The following is a list, so far as appointed, of the Judges of election for the several election precincts :
"For the First District :
"Precinct No. 1-Charles T. Hayden, William J. Osborne, John G. Capron.
"Precinct No. 2-Elihu Baker, Clark Sweet- ner, N. S. Higgins.
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HISTORY OF ARIZONA.
"Precinct No. 3-E. K. Brown, Thos. M. Yerkes, Jos. H. Smith.
"Precinct No. 4-J. A. Owens, E. S. Noyes, J. D. Walker.
"For the Second District :
"Precinct No. 1-Francis Hinton, W. A. Wer- ringer, G. W. Jones.
"Precinct No. 2-Win. Butterfield, T. J. Bid- well, J. Snively.
"Precinct No. 3-Charles H. Brinley, Charles A. Phillips, Wilbur Curtis.
"Precinct No. 4-T. Scott Stewart, C. W. C. Rowell, E. D. Tuttle.
"Precinct No. 5-The Judges will be chosen by the electors.
"For the Third District:
"Precinct No. 1-Geo. Martin, A. Weatherbee, Mr. Larkin.
"Precinct No. 2-B. F. Howell, William R. Murray, James A. Moore.
"Precinct No. 3-Robert W. Groom, Chas. M. Dorman, James G. Sheldon.
"Precinct No. 4-Geo. Coulter, Jackson Mc- Crackin, Joseph R. Walker.
"The election, at the several polls, shall be opened, organized, and conducted in the follow- ing manner, viz. :
"There shall be three Judges of Election at each poll, whose duty shall be to receive all legal votes offered, for all or any of the candidates to be voted for, and to judge of the competency of voters. The said Judges, before entering upon their duties, shall each take an oath, in the fol- lowing form, to wit:
" 'I A. B., do solemnly swear, (or affirm, as the case may be,) that I will perform the duties
1
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EARLY TERRITORIAL DAYS.
of Judge of this Election, according to law, and to the best of my ability, and that I will strictly endeavor to prevent fraud and abuse in conduct- ing the same.'
"Said oath shall be administered by any per- son authorized to administer oaths, (if any such be present,) if not, then the judges may admin- ister the oath to each other, and a similar oath to the two clerks of the election, whom they are authorized and empowered to appoint; and the person administering oaths shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll-books. It is hereby further ordered and directed, that in case any of the Judges, appointed for any of the districts, do not appear and qualify, as above directed, or in case the Judges for any district are not named, then the voters first appearing, at the hour appointed, to the number of five, or more, shall choose three competent persons as Judges of Election, for said precinct, who shall take the oaths above re- quired, and proceed to appoint two competent persons to act as Clerks of said precinct.
"It is further ordered and directed, that the Clerks of each election precinct, shall each keep a list of the names of all persons voting in their respective districts, and each voter, as he offers his vote, shall announce his name in an audible voice to the Judge, or Judges, who receive his vote, and they shall announce it to the Clerks and shall not receive any other vote until the Clerks shall declare the name of such voter written.
"The ballots may be written or printed, and shall contain the name of the candidate, and of his office, in full. 6
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HISTORY OF ARIZONA.
"It is further ordered and directed, that the constables of the several districts, (if there be any,) shall attend the election in the precinct where they reside for the purpose of preserving the public peace; and if none attend, then the Judges shall appoint one or more special con- stables, not exceeding five in number, to perform that duty. And the said constables shall, when directed by the said Judges, summarily arrest any disorderly person interrupting the proceed- ings of said meeting, or committing a breach of the peace, and detain him in custody, (but not depriving him of the right to vote, if he be a legal voter), until the adjournment of said meeting, when said Judges shall make complaint against him before the proper officer, and cause him to be tried for the offense.
"The polls shall be kept open until six o'clock p. m. of the day of election, and immediately after the polls are declared closed by the Judges of said election, they shall proceed publicly to examine and count the votes, and see if the votes cast agree in number with the poll lists kept by the Clerks, and if the votes so cast shall exceed in number the names on the poll list, the Judges, or some one of them, shall take indiscriminately from the ballots, a number sufficient to make the ballots and poll lists agree.
"After the public counting and examining of the votes, the Judges shall proceed to open and canvass, publicly, all the ballots cast, and shall read, in an audible voice, all the names on each ballot, and shall count the number given for each candidate. And the Clerks shall set down in their poll books, the name of the person voted
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EARLY TERRITORIAL DAYS.
for, written at full length, the office for which such person received such vote, or votes, and the number he received, the number being expressed at full length. Such entry to be made, as near as may be, in the following form, viz :
" 'At an election held at the house of .... at in the .. . Council District, of the Terri- tory of Arizona on the eighteenth day of July, A. D. 1864, the following named persons re- ceived the number of votes annexed to their re- spective names, for the following described offi- ces, to wit :
gress.
""'A. B. had votes for Delegate to Con- "'C. D. had votes for Member of the Council. "'E. F. had votes for Member of the House of Representatives.
" 'Certified by us,
"""'A. B., " 'C. D., "'E. F.,
" 'Judges of Election.
" 'Attest :
"'G. H.,
""'I. J., Clerks of Election.'
"The Judges of Election shall then enclose and seal one of the poll-books under cover, di- rected to the Secretary of the Territory, and the packet thus sealed, shall be conveyed by one of the Judges or Clerks of the Election, to be de- termined by lot, if they cannot otherwise agree, and sworn to the performance of that duty by one of the Judges, and delivered to the Judge of Probate of the district in which such precinct
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HISTORY OF ARIZONA.
is situated, or if the Judge of Probate be absent, to the Sheriff of said district, within ten days after said day of election, and the said Judge of Probate, or Sheriff, shall, within ten days after said poll-books may be delivered to him, and within twenty days after said day of election, deliver the same to the Secretary of the Terri- tory.
"And the Judges of Election shall then enclose and seal the other poll-book, under cover, di- rected to the Judge of Probate of the district in which the precinct may be, and the packet thus sealed should be conveyed by one of said Judges, or Clerks, as aforesaid, to said Judge of Pro- bate, within the time above mentioned, and shall be deposited in his office subject to the inspec- tion of any elector who may wish to examine it.
"And if any Judge or Clerk of any Election, at which he shall have sworn as Judge or Clerk to carry the poll-books as aforesaid, shall fail or neglect to deliver said poll-books, as aforesaid, he shall, for such offense, forfeit and pay the sum of five hundred dollars, for the use of the Territory, to be recovered by an action of debt in the name of the Territory, in the proper Dis- trict Court.
"And, whereas, certain legal voters of this Territory are now engaged in a campaign against the hostile Indians, such persons shall have the right to vote for all officers for whom they could legally vote in their respective pre- cincts, in the manner following :
"They shall, on the day of election, at the time herein fixed for the opening of the polls, proceed to elect three Judges of Election, who shall im-
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mediately give public notice of the hour of such day, and the place, when and where they will open the polls, and they shall appoint Clerks, and shall receive, canvass, and record the votes, and conduct the election, as nearly as may be, in conformity to the foregoing provisions; and shall, in like manner, cause to be delivered to the Secretary of the Territory, the poll-books, kept, certified, and sealed up in accordance with these provisions, and in the manner hereinbefore pro- vided.
"Given under my hand, and the Seal of said Territory, at Fort Whipple, this twenty-sixth day of May, A. D. 1864, and of the Independence of the United States of America the eighty- eighth.
"JOHN N. GOODWIN.
"By the Governor : "RICHARD C. MCCORMICK, "Secretary of the Territory."
The Act referred to by Governor Goodwin in the foregoing proclamation is as follows :
"AN ACT to provide a temporary government for the Territory of Arizona, and for other purposes.
"Be It Enacted by the Senate and House of Representatives of the United States of America, in Congress Assembled : That all that part of the present Territory of New Mexico situate west of a line running due south from the point where the southwest corner of the Terri- tory of Colorado joins the northern boundary of the Territory of New Mexico to the southern boundary line of said Territory of New Mexico,
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HISTORY OF ARIZONA.
be, and the same is hereby, erected into a tem- porary government by the name of the Territory of Arizona: Provided, that nothing contained in the provisions of this act shall be construed to prohibit the Congress of the United States from dividing said Territory or changing its bound- aries in such manner and at such time as it may deem proper: Provided, further, that said gov- ernment shall be maintained and continued until such time as the people residing in said Terri- tory shall, with the consent of Congress, form a State government, republican in form, as pre- scribed in the Constitution of the United States, and apply for and obtain admission into the Union as a State, on an equal footing with the original States.
"Sec. 2. And be it further enacted, that the government hereby authorized shall consist of an executive, legislative and judicial power. The executive power shall be vested in a gover- nor. The legislative power shall consist of a council of nine members, and a house of repre- sentatives of eighteen. The judicial power shall be vested in a supreme court, to consist of three judges, and such inferior courts as the Legis- lative Council may by law prescribe; there shall also be a secretary, a marshal, a district-attor- ney, and a surveyor-general for said Territory, who, together with the governor and judges of the supreme court, shall be appointed by the President, by and with the advice and consent of the Senate, and the term of office for each, the manner of their appointment, and the powers, duties, and compensation of the gover- nor, legislative assembly, judges of the supreme
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EARLY TERRITORIAL DAYS.
court, secretary, marshal, district attorney, and surveyor-general aforesaid, with their clerks, draughtsmen, deputies, and sergeant-at-arms, shall be such as are conferred upon the same officers by the act organizing the Territorial gov- ernment of New Mexico, which subordinate officers shall be appointed in the same manner, and not exceed in number those created by said act, and acts amendatory thereto, together with all legislative enactments of the Territory of New Mexico not inconsistent with the pro- visions of this act, are hereby extended to and continued in force in the said Territory of Ari- zona, until repealed or amended by future legis- lation : Provided, that no salary shall be due or paid the officers created by this act until they have entered upon the duties of their respective offices within the said Territory.
"Sec. 3. And be it further enacted, that there shall neither be slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted; and all acts, and parts of acts, either of Congress or of the Territory of New Mexico, establishing, regulat- ing, or in any way recognizing the relation of master and slave in said Territory, are hereby repealed.
"Approved Feb. 24, 1863."
On the 18th of July, 1864, the election was held. There were five candidates for Delegate to Congress, and Charles D. Poston, Superin- tendent of Indian Affairs, was, according to the Fish manuscript, elected by the following vote :
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HISTORY OF ARIZONA.
C. D. Poston. Charles Wm. D. Brad- Wm. J. S. Adams.
Leib. shaw. Berry.
Union
Union
Democrat
514
226
66 48 31
Charles D. Poston, even at that early date, was known as the "Father of Arizona," un- doubtedly due to his activities in mining in the Territory, and subsequently to his influence in Washington in having the bill organizing the Territory passed.
Leib, according to A. F. Banta was a Ger- man, and at that time was residing at Fort Whipple. He was a personal friend of Presi- dent Lincoln, and Mr. Lincoln appointed him quartermaster of the Army of the Potomac. The Senate of the United States refused to con- firm his appointment. After Congress ad- journed, the President reappointed the Doctor
to the same position. He served in this capacity for nearly a year, when it became known to the Department that he was hopelessly involved, and he was summarily removed from office. The shortage in his accounts amounted to some- thing like three or four hundred thousand dol- lars. He was honest enough, and no one ac- cused him, but the army contractors used him as a tool to plunder and rob the Government. He wrote a book: "Six months in the Quarter- master's Department, or How to make a Mil- lion." He also wrote a German campaign song which was sung by all the German troops in the Union Army.
William D. Bradshaw came to Arizona from California in 1862 or 1863, settling first at La Paz. The following I condense from A. F. Banta and C. B. Genung: He established a ferry
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EARLY TERRITORIAL DAYS.
on the Colorado River at a point about six miles below La Paz, at what was known as Olive City. (Olive City consisted of one shanty made of poles and mud.) William Bradshaw's brother Isaac, ran the ferry most of the time, while "Bill" as he was known at the time, ran over the country prospecting and exploring. In 1863 he was in Weaver, but all the rich ground was taken up, and he failed to get a claim. From there he led a small party on a trip to the Brad- shaw Mountains, and gave the mountains his name. He was dissipated in his habits, but a man of some culture with a fine presence and a good deal of personal magnetism. In a fit of delirium tremens he cut his throat with a razor at La Paz, at which place he was buried, but his grave is unmarked. His brother Isaac mined in the Copper Basin and elsewhere for some years, and finally died in Yavapai County.
Adams was called "Steamboat Adams" from the fact that he advocated the navigation not only of the Colorado, but of the Gila and Hassa- yampa Rivers. I have been unable to ascertain when or where he died.
Of Berry there is nothing I can find.
In addition to the election of a Delegate to Congress, members of the First Legislature of the Territory of Arizona were elected as follows:
COUNCIL.
Name.
Residence.
Occupation.
Age. Where Born.
Coles Bashford,
Tucson,
Lawyer
47 New York.
Francisco S. Leon,
44
Farmer 42 Arizona.
Mark Aldrich,
44
Merchant
62 New York.
Patrick H. Dunne, George W. Leiby, Jose M. Redondo,
La Paz,
Miner
47 New York.
Arizona City,
Ranchero
40 Mexico,
King S. Woolsey,
Agua Fria Ranch, Farmer
32 Alabama.
Groomdale,
Miner
40 Kentucky.
Robert W. Groom, Henry A. Bigelow,
Weaver,
Miner
31 Massachusetts.
Printer
40 Maine.
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HISTORY OF ARIZONA.
HOUSE OF REPRESENTATIVES.
Name.
Residence.
Occupation.
Age.
Where Born.
W. Claude Jones,
Tucson,
Lawyer
46
Ohio. =
John G. Capron,
Merchant
35
Daniel H. Stickney, Gregory P. Harts, Henry D. Jackson, Jesus M. Elias,
Cababi, Tucson,
Surveyor
24
Ohio
46
Ranchero.
35 Arizona.
Nathan B. Appel,
Tubac,
Merchant 36 Germany.
Norman S. Higgins, Gilbert W. Hopkins,
Maricopa Mine,
Mining Engr.
35 New York.
Luis G. Bouchet,
La Paz,
Carpenter
32 California.
George M. Holaday,
Hotel Keeper
46
Indiana.
Thomas J. Bidwell,
Castle Dome,
Miner
31 Missouri.
Edward D. Tuttle,
Mohave City, =
Miner
28 New York.
William Walter,
Miner
28 Pennsylvania.
John M. Boggs,
Prescott,
Miner
32 Missouri.
Jackson McCrackin, Lynx Creek,
Miner
36 South Carolina.
James Garvin,
Prescott,
Physician
33
Illinois.
James S. Giles,
Miner
28
Delaware.
On the 26th of September, 1864, the Legisla- ture convened at Prescott, which had been laid out in the previous June, in accordance with the proclamation of the Governor, and organized by the election of Coles Bashford as President of the Council, and W. Claude Jones as Speaker of the House.
Coles Bashford was born near Cole Springs, New York, January 24th, 1816, and finished his education at Wesleyan University, New York, after which he studied law and was admitted to practice in all the courts of his native State in the year 1842. He served very satisfactorily as District Attorney of Wayne County, New York, to which office he was elected in 1847. In 1850 he moved to Wisconsin, and soon attained an enviable position in his profession. He was elected to the State Senate on the Whig ticket, and upon the dissolution of that party became one of the founders of the Republican party in 1854-55, being elected to the Legislative As- sembly at that time.
52
Massachusetts.
Wheelwright
40
New York.
Cerro Colorado,
Mining Engr.
28
Ohio.
Miner
COLES BASHFORD.
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EARLY TERRITORIAL DAYS.
In 1855 he was elected Governor of the State of Wisconsin. The seat was awarded to his op- ponent, but Mr. Bashford instituted quo war- ranto proceedings, and obtained the office in 1856 through a decree of the court.
During the winter of 1862-63, he was domi- ciled in Washington, but, being imbued with the spirit of the pioneer, he accompanied the officials appointed for the organization of the Territory of Arizona, arriving with the party at Prescott in the early part of the year 1864.
Mr. Bashford served as Attorney-General of Arizona ; as President of the Council of the First Territorial Legislature, having been elected from the County of Pima, and as Delegate to Congress from Arizona in the 40th Congress. He was also Secretary of the Territory.
His duties as Attorney-General, which ap- pointment he received at the hands of Governor Goodwin, called him to different parts of the Territory. Many of these journeys were made through the hostile Indian country, but he escaped attack from the Indians.
He was the first lawyer admitted to practice in the Territorial Courts. In May, 1864, he was admitted to practice at Tucson. His legal knowledge and ability were demonstrated in the early legislation of the Territory, particularly in the first session. In 1871 he compiled the var- ious session laws into one volume, having been appointed to do this work by the Legislature. He was also re-elected to the second session of the Legislature. He was elected Delegate to Congress in 1866, and served until 1868. At the close of his term in Congress he was appointed Secretary of the Territory of Arizona by Presi- dent Grant, and was re-appointed in 1873.
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HISTORY OF ARIZONA.
Tucson, having in the meantime, become the capi- tal city, and he having large interests in Pres- cott, he resigned as Secretary of the Territory, and made his home in Prescott. He was active in political and professional affairs in the Terri- tory up to a short time before his demise, which occurred in Prescott April 25th, 1878. His re- mains were interred at Mountain View Ceme- tery, Oakland, California, and the inscription upon his tombstone is one of his favorite quota- tions: "Write me as one who loves his fellow- man." In every public position which he held, he discharged his duties with fidelity, intelli- gence and ability.
His widow, who survived him, and now resides in Oakland, bore the maiden name of Frances Adams Foreman, and was born at Seneca Falls, New York. Born of this union were seven chil- dren : Elizabeth, widow of G. A. Sprecher; Mar- garet, wife of R. H. Burmeister; William C., for a long time associated in business with Mr. Burmeister under the firm name of Bashford & Burmeister, and who died in Los Angeles, Calif., in 1915; Helen B., widow of W. E. Smith ; Belle, who died at the age of eleven years; Lillian E., wife of A. W. Kirkland, and Edward L., of Oak- land, California.
W. Claude Jones was a practicing attorney in Tucson. He left the Territory the following year. His subsequent history I have been unable to find.
The First Territorial Legislature continued in session until the 10th of November, devoting a great deal of its time to the adoption of a code of laws now known as the Howell Code. The Territory was divided into four counties, each named after a leading tribe of friendly Indians,
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EARLY TERRITORIAL DAYS.
to wit: Pima, Yuma, Mohave, and Yavapai, and the boundaries of each county were defined in the Howell Code which was adopted by this Legislature on the 8th day of November, 1864.
"The Territorial Government is now fully or- ganized in all its departments. Law and order everywhere prevail. The courts are in opera- tion. Schools have been established in the lead- ing settlements, and the printing press is doing its part to build up society, and to promote sub- stantial prosperity.
"The day is not far distant when Arizona will occupy a first rank among the wealthy and populous states of the Union. The hostile savage is swept away; its mountains and valleys musical with busy implements of mining and agriculture, its unrivalled pastoral regions white with flocks, the wealth of its varied resources made apparent to the world, and its people thrifty and happy. the wonder will be that it was ever neglected by the government, and by capi- talists as an insignificant and unpromising pos- session."
The foregoing is taken from the Journal of the First Legislature of Arizona, and may, there- fore, be considered authentic. The printing press spoken of was the one mentioned by Mr. Banta as having been brought into the Territory by Secretary McCormick, and the first paper was issued on the 9th day of March, 1864. Mr. Banta, who accompanied the Governor's party in the capacity of bullwhacker, was employed as one of the first "typos" on this paper.
The only schools in existence were the Catholic schools at San Xavier del Bac, and Tucson, but other public schools were provided for by this Legislature.
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HISTORY OF ARIZONA.
CHAPTER V. THE FIRST TERRITORIAL LEGISLATURE.
CONVENING OF THE LEGISLATURE-OFFICERS AND ATTACHÉS-GOVERNOR GOODWIN'S MESSAGE.
The Legislature, as before stated, convened on September 26th, 1864, but on account of the ab- sence of some of the members of each house, it was adjourned from day to day until September 29th, when the Secretary of the Territory, Rich- ard C. McCormick, read the proclamation of the Governor, announcing to both houses the election of the members of the Legislative As- sembly, and convening the same, and a perma- nent organization was effected by the election of Coles Bashford, as President of the Council, Almon Gage, as Secretary, Edmund W. Wells, Jr., Assistant Secretary, and Carlos Smith as Sergeant at Arms, and in the house W. Claude Jones was elected Speaker, James Anderson, Chief Clerk, Clayton M. Ralstin, Assistant Clerk, and John C. Dunn, Sergeant at Arms. Neri Osborn was appointed Messenger of the Council, and John B. Osborn, Messenger of the House.
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