USA > Arizona > History of Arizona, Vol. III > Part 8
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and south of the 34th parallel, routes have al- ready been found, over a country nearly level, and teeming with mineral wealth, where a snow- storm that would impede travel has never been known, and having abundant timber, wood and water for all railroad purposes.
"When such an enterprise has brought capital to the mines of Arizona, the transportation of its ores and products alone will yield a large reve- nue to the projectors.
"The legislative assembly of New Mexico, has taken the initiatory steps by passing an act in- corporating the Kansas, New Mexico and Ari- zona railroad company, with ample powers and liberal provisions. I suggest reciprocal action on our part to advance the progress of this ben- eficient undertaking.
"Since the discontinuance of the overland mail in 1861, and until the action of the present Congress, no mail routes have been established in any part of this territory. We have been in- debted to the courtesy of the military authori- ties for the means of communication between the principal points in the territory, and the mail routes in New Mexico and California. The at- tention of the Post Office Department has been repeatedly called to the deficiency in mail facili- ties, but so far without avail. The wants of our increasing population require that a mail route should be established from some point in New Mexico through this territory to California, and from Tubac or Tucson northerly through this point, connecting at Fort Mohave with a route to Utah, together with branches of like service to La Paz and the other principal points. It is recommended that you memorialize the Post
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Master General for the immediate establishment of this mail service.
"The care and supervision of the friendly In- dians is by federal laws entrusted to the Super- intendent of Indian Affairs, while the work of subjugating the hostile tribes is committed to the military power.
"The action of a legislature on any question relating to these subjects is ordinarily unneces- sary, but our isolated and remote situation, the large number of Indians in our midst that might be combined against us, the long hostility and brutal ferocity of some tribes, compel us to avail ourselves of all means for self defense and pro- tection. The Pimas, Papagoes, and Maricopas, our well tried and faithful allies, maintain the same friendly intercourse that has always ex- isted between them and us. I hope that nothing will be left undone on our part to strengthen and perpetuate amicable relations with them and other friendly tribes, by removing all just causes of complaint and promptly redressing all griev- ances.
"On the other hand, to the Apache has been transmitted for a century an inheritance of hate and hostility to the white man. He is a mur- derer by hereditary descent-a thief by pre- scription. He and his ancestors have subsisted on the stock they have stolen and the trains they have plundered. They have exhausted the in- genuity of fiends to invent more excruciating tortures for the unfortunate prisoners they may take, so that the traveller acquainted with their warfare, surprised and unable to escape, reserves the last shot in his revolver for his own head.
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"When the troops were removed from this territory at the commencement of the rebellion, it was nearly depopulated by their murders. They have made southern Arizona and northern Mexico a wilderness and a desolation. But for them mines would be worked, innumerable sheep and cattle would cover these plains, and some of the bravest and most energetic men that were ever the pioneers of a new country, and who now fill bloody and unmarked graves, would be living to see their brightest anticipations re- alized. It is useless to speculate on the origin of this feeling-or inquire which party was in the right or wrong. It is enough to know that it is relentless and unchangeable. They respect no flag of truce, ask and give no quarter, and make a treaty only that. under the guise of friendship, they may rob and steal more exten- sively and with greater impunity. As to them one policy only can be adopted. A war must be pros- ecuted until they are compelled to submit and go upon a reservation. This policy has been pur- sued by the energetic and accomplished officer who commands this department, in his war with the Navajoes, who for more than a century have desolated New Mexico, and who were probably the most warlike tribe within our limits. He has been completely successful, and is now mov- ing them to a reservation. He has commenced operations for a similar campaign against the Apaches, by establishing a large post in the heart of their country, and by moving actively against them from several points. If he is sus- tained and supplied with troops, in a very brief time the terrible Apache will be formidable no
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longer, and the principal obstacle to our advance- ment be removed.
"I learn, though unofficially, that a reservation for the Apaches has been established at the Bos- que Redondo, with the Navajoes, and am in- formed by the Superintendent of Indian Affairs, that he has selected a reservation in the valley of the Colorado River for the other tribes who are disposed to be friendly, and for whom no reservation had been made. This would segre- gate the friendly and the hostile tribes and would remove the former from the influence of the latter, and from collision with the miners.
Before the reservation can support this popu- lation, an irrigating canal must be opened, for which an appropriation should be made by Con- gress. The communication of the Superintend- ent on the subject is submitted for your informa- tion, and it is recommended that you memorial- ize Congress for an appropriation adequate to the purpose. I have already suggested that you provide for forming companies of rangers, who shall co-operate with other troops that may be sent against the Apaches. During the past year our citizens have voluntarily organized companies, and have carried the war into the Indian country and dealt them some severe blows.
"Three expeditions were raised and led by Lieut .- Colonel King S. Woolsey, who, with his men, are entitled to some acknowledgment at your hands, for the energy, skill and public spirit they have manifested.
"As American citizens we cannot be indiffer- ent to events which are transpiring in the Re- public of Mexico. The attempt to force a mon- 8
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archy on the people of a free state must excite our earnest sympathy for its citizens, who, aban- doned by rulers, and betrayed by traitors, are gallantly resisting the outrage, and striving to preserve their freedom and nationality. Our duty as law-abiding citizens requires that we should refrain from all acts which would tend to violate the neutrality which our government maintains. It is also our right as well as our duty to pledge our adherence to the principles of the Monroe Doctrine, and resolve that at the fitting time they shall be maintained.
"In conclusion, gentlemen, I congratulate you on the brilliant promise for the future of Ari- zona. Nature has indeed been lavish of the gifts which make a populous and wealthy State; and for every blessing withheld there is ample com- pensation. It is true that we have one naviga- ble river only, but that is the Colorado of the West. It has been navigated for five hundred miles, and its capacity for improvement has
never been tested. The arable land of the Territory is not extensive when compared with its whole area, but the fertile and well watered valleys of the Gila, the Salado, and the Verde, have once, and will again support a large popu- lation. The climate of northern and central Arizona is unsurpassed. The great altitude tempers the summer heat, and gives a pure and exhilarating atmosphere, while the excessive cold and deep snows of northern latitudes are un- known. It is peculiarly adapted to the labor and pursuit of mining. For grazing and stock raising it is unequalled. The richest grasses flourish in profusion and cure into hay upon the ground. The Norther, so destructive in other
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pastoral countries, never reaches here, and cattle will thrive during the whole year, in the open air, without shelter. Its mineral wealth is yet unknown, but enough has been discovered to dazzle and perplex the mineralogist with its rich- ness and extent. Whole chains of mountains are seamed with veins of gold and silver. And the gold and copper mines of the Colorado and Has- sayampa are only surpassed in richness by the silver mines of southern Arizona. The obstacles which have retarded the development of this wealth will soon be overcome.
"No apprehension need be felt that the country will be again abandoned, and the deso- lated homes of these hardy pioneers only add to the ruins which are so thickly scattered about us, the memorials of another lost battle in the grand conflict of civilization with barbarism. History, while it records the failures of the past, is for us replete with encouragement and hope for the fu- ture. The Aztec has been here, and the fallen walls of deserted cities, and his degenerate de- scendant looking in vain to the morning sun for the coming of the Montezuma to restore his lost empire, are the only relics of his civilization and his race. The Spaniard too has slowly retreated before the fierce assaults of the relentless Apache, but where the foot of the Anglo-Saxon is once firmly planted, he stands secure, and before the clang of his labor, the Indian and the antelope disappear together. The tide of our civilization has no refluent wave, but rolls steadily onward over ocean and continent.
"The reports now coming from the Eastern States give every assurance that this cruel and unnatural war will soon be ended, and tranquil-
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ity and harmony be restored in our unhappy country. The only hope of a speedy peace and a Union preserved, is in the triumph of the Fed- eral arms.
"We are far removed from the scenes of the conflict, but we can express our sympathy with our brethren in their efforts to sustain the Gov- ernment under which we have lived so prosper- ously and happily, and renew our fealty and pledge our devotion to the Constitution and the Union. From its successful conflict with rebel- lion the Government will emerge firm in its in- tegrity, and purer and stronger from the ordeal through which it has passed. Its triumph will bring to Arizona peace, protection, and the bless- ings that follow in their train. We may not fight the battles for the Union, but if we rightly perform the work entrusted to us, we shall in our day, do our part to advance the glory and pros- perity of our country. Hereafter, when the trials of the hour are forgotten, we may boast, that in the performance of our duties in the day of peril, when dangers encircled our path, we followed the flag of the Republic to the most re- mote region of its domain; that under its folds we established the principles for which it has waved in the battle and the storm, and that by our efforts another has been added to the com- monwealth of States.
"JOHN N. GOODWIN."
The Governor appointed Henry W. Fleury as his private secretary, and notified the Legisla- ture that all communications would be transmit- ted through Mr. Fleury.
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CHAPTER VI. THE FIRST TERRITORIAL LEGISLATURE (Con- tinued).
HOWELL CODE-FIGHT OVER LOCATION OF CAP- ITAL-REPORT ON NAVIGATION OF COLORADO RIVER-RESOLUTIONS INSTRUCTING DELEGATE POSTON TO SECURE FROM CONGRESS ARMS AND MAIL ROUTES FOR ARIZONA-APPROPRIATIONS FOR SCHOOLS-ONLY MEASURE VETOED BY GOVERNOR GOODWIN-GOVERNOR GOODWIN'S FAREWELL MESSAGE TO THE LEGISLATURE- FAREWELL SPEECH OF W. CLAUDE JONES, SPEAKER -- RÉSUMÉ OF ACTS PASSED-SEAL OF TERRITORY-APPROPRIATION BILL-MEM- ORIALS TO CONGRESS.
The first act passed by the Legislature, and ap- proved October 1st, empowered the Governor to appoint a commissioner to prepare and report a code of laws for the use and consideration of the Legislature of the Territory. In accordance with this act Judge William T. Howell was ap- pointed such commissioner, and submitted what is known as the "Howell Code," to the Legisla- ture on October 3rd, and this code, after much debate and some amendments, was adopted as the code of laws for the Territory of Arizona, and remained as such until the laws of the ter- ritory were codified in the session of the Legis- lature of 1877, thirteen years afterwards.
Jose M. Redondo, who was elected to the Coun- cil from the Second District, resigned his posi- tion on the 10th day of October on the ground that he was ineligible to the office at the time of his election. The vacancy caused by his resig-
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nation was not filled. Afterwards Mr. Redondo perfected his citizenship and became one of the permanent citizens of what is now Yuma, where many of his descendants still live.
On October 16th, Henry D. Jackson, a member of the lower house, died in Prescott, and the Council and the House adjourned on the 17th in order to attend the funeral.
The location of the Capital of Arizona having been made by the Governor, could, of course, be changed by the Legislature, and this was at- tempted by amending House Bill No. 56, locating the Capital at Prescott, which was up for con- sideration in the House on the 24th of October, when "Mr. Hopkins moved to amend by striking out the word 'Prescott,' and the words 'situated on the east bank of Granite Creek' and the words which follow thereafter, and which refer exclu- sively to the city of Prescott, in section 1, and insert instead 'La Paz,' and thereupon the yeas and nays were demanded, with the following re- sult: Yeas-Appel, Capron, Elias, Harte, Hig- gins, Hopkins, Stickney and Mr. Speaker-8. Nays-Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Tuttle and Walter-9. So the amendment was lost.
"Mr. Tuttle in the chair.
"Mr. Speaker moved to amend by striking out in the first section the words 'Prescott, situated on the east bank of Granite Creek, about one mile above and in a southwesterly direction from the present location of the United States military post, known as Fort Whipple, in said Territory of Arizona,' and insert instead 'Walnut Grove, on the Lower Hassayampa, in the Third District of said Territory,' upon which the yeas and nays
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were demanded, and had with the following re- sult: Yeas-Appel, Capron, Elias, Harte, Hig- gins, Hopkins, Stickney and Mr. Speaker-8. Nays-Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Tuttle and Walter-9. So the amendment was lost.
"Mr. Speaker moved to amend by striking out all of the first section after and including the word 'Prescott,' and insert 'at a point within ten miles of the junction of the Rio Verde with the Rio Salado, in the Third District in said Terri- tory, the location of said permanent seat of gov- ernment to be fixed by the Governor of said Territory, and two commissioners, to be ap- pointed by the present Legislature, at a point not more than ten miles from the junction of said streams, and that said permanent seat of govern- ment shall be called Aztlan,' upon which the yeas and nays were demanded, and had with the fol- lowing result: Yeas-Appel, Capron, Elias, Harte, Higgins, Hopkins, and Mr. Speaker-7. Nays-Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Stickney, Tuttle and Wal- ter-10. So the amendment was lost."
This was the commencement of the fight to re- move the capital from Prescott, which will be shown as this history progresses to have been a bone of contention for many years thereafter, in fact, until it was permanently located at Phoenix.
On the 25th day of October, a select committee of five in the council, to whom was referred that portion of the Governor's message relative to the Colorado River, made the following report :
"The Colorado River is navigable at all stages of water to El Dorado Canyon (a distance from
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its mouth of about five hundred miles), for steamers of a draught not exceeding twenty-five inches; and at a medium stage of water, boats have run up to Black Canyon. Owing to the sandy and changeable nature of the channel and banks of the river below Fort Mojave, it is the opinion of your committee that but little good can be done by the expenditure of money for improvements upon the same, as they must be temporary in their character. A small amount of money, however, can be advantageously ex- pended in removing snags and other obstructions out of the channel below Fort Mojave. Above that point the general character of the river changes in many places; large boulders render the navigation difficult and dangerous at all times, and it is of the greatest importance that these obstructions should at once be removed, as there is sufficient water at all seasons for such boats as run on the lower river. The expedition sent out by General Connor, commanding the Department of Utah, the past summer, to open a wagon road from Great Salt Lake City to Fort Mojave, reported that a good wagon road exists from Great Salt Lake City to the mouth of the Rio Virgin. Could the Colorado be made navi- gable to the junction of the Virgin, which is only three hundred and fifty miles from Great Salt Lake City, the citizens of Utah and of the Northern portion of this Territory, could obtain their supplies and ship their produce and ores at a reduction of one hundred per cent, from the present rates of transportation. Your commit- tee would recommend that the Congress of the United States be memorialized for an appropria- tion of one hundred and fifty thousand dollars to
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be expended as follows: Fifty thousand dollars to be expended on the river between Fort Mojave and Fort Yuma; also one hundred thousand to be expended in improving the river about Fort Mojave. There are at present steamers plying upon the Colorado River, carrying freight and passengers, and connecting with San Francisco by sail vessels from the mouth of the river, and to make the extent of the traffic and the necessity of improving the navigation of the Colorado River known, we herewith submit a statement of the capacity and tonnage of the boats now plying and in process of construction for the river trade. The Colorado Steam Navigation Company, in- corporated in San Francisco, capital stock five hundred thousand dollars, have the following boats: The steamer Colorado, 60 tons burthen; Mojave, 100 tons burthen; Cocopah, 40 tons bur- then, and several barges capable of carrying one hundred tons each. Their place of business and office is at Fort Yuma in the State of California. The Arizona and Miners Steam Navigation Com- pany have one steamer, the Esmeralda, now ply-
ing on the river with two barges. The Esmer- alda is fifty tons burthen, and capable of towing a barge of 100 tons. There is another steamer building at the mouth of the river for the same company, which is a joint stock company, with no incorporation, place of business not known to the committee. The Philadelphia Mining Company have a steamer on the river called the Mina Tilden, and another one in course of con-
struction in San Francisco. Their mines are situated on the California side of the Colorado River, and their place of business unknown to the committee. In view of the amount of capital
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invested in steam boats plying on the Colorado River, and the extent of country, the number of people, the vast amount of mining and other interests depending upon the navigable condition of the river, and the fact that this trade will be entirely for the benefit of Arizona, and the cor- nerstone upon which her speedy and permanent development rests, your committee would fur- ther suggest that the importance of this ques- tion calls upon you for prompt and immediate action. It will give an impetus to trade, increase the value of our mines, and prove to the people abroad that we have faith in our resources, and are eager to develop them."
The Council, on October 26th, considered House Joint Resolution No. 5, which is as fol- lows :
"Resolved by the Legislative Assembly of the Territory of Arizona :
"1. That the Honorable Charles D. Poston, our delegate to the Congress of the United States, be instructed and requested to use every effort in his power to procure from the general government five hundred stand of Springfield rifled muskets, calibre 58, of the latest improved quality, with their equipments and fixed ammu- nition, sufficient for the purpose of arming and equipping a battalion of Arizona rangers, for active service against the Apaches and other hos- tile Indian tribes in this Territory.
"2. That he be instructed and requested to procure the establishment of the following mail routes, with weekly postal service on each : 1st. From Mesilla, via Tucson, Casa Blanca and Agua Caliente, to La Paz, in coaches. 2d. From Tucson, via Tubac, to Patagonia Mines. 3d.
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From Tubac, via Cerro Colorado, Fresnal and Cababi, to Tucson. 4th. From Casa Blanca, via Weaver, Walnut Grove and Upper Hassayampa, to Prescott. 5th. From Prescott to La Paz, in coaches. 6th. From La Paz via Williamsport, Castle Dome City, Laguna, and Arizona City, to Fort Yuma. 7th. From La Paz to Los An- geles, in coaches. Sth. From Prescott to Mohave City, in coaches. 9th. From Mohave City to Los Angeles, via San Bernardino, in coaches. 10th. From Mohave City, via Aubry, to La Paz. 11th. From Mohave City, via Santa Clara, to Fillmore City, in the Territory of Utah. 12th. From Al- buquerque, New Mexico, to Prescott, in coaches. "3. That a copy of these instructions be for- warded immediately to the Honorable Charles D. Poston, by the Secretary of the Territory."
This joint resolution was finally passed on November 7, 1864.
On October 27, Mr. Hopkins, chairman of the Joint Committee on Education, made the follow- ing report :
"The Joint Committee on Education report, that after a mature consideration, they have de- cided that it would be premature to establish, or to attempt any regular system of common or district schools. At present the Territory is too sparsely settled, and the necessary of- ficers for such an establishment, would be more costly than the education of the children would warrant.
"In lieu of such system, and for a foundation of Territorial Schools, your committee earnestly recommend that an appropriation be made and given to these towns, where the number of chil- dren warrant the establishment of schools.
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"At the Mission of San Xavier del Bac, Padre Messaya has, at great trouble and expense to himself, educated all children free of charge. His pupils are Mexican and Papago; he has been sadly impeded in his efforts by want of suitable school books.
"A donation as suggested by his Excellency, the Governor, in his late message, would be but a fitting compliment to the first school opened in Arizona.
"In Tucson there were three primary schools during part of last year. There are over two hundred children in this town that should be at- tending school. At La Paz there was one of the above class.
"Your committee recommend that a donation be made to the Mission School at San Xavier del Bac of $250. To Prescott, Mohave, and La Paz, each town, $250. To Tucson $500, provided the English language forms a part of the instruction of such school.
"The above appropriations to towns to be null and void, unless said towns, by taxation or indi- vidual enterprise, furnish an equal sum to the support of such public school."
The only measure the Governor failed to ap- prove, which was submitted to him by the First Legislative Assembly, was a Memorial addressed to the Secretary of War, and the veto of the same, if veto it can be called, was as follows: "Territory of Arizona, Office of the Governor, "Prescott, November 9th, 1864.
"Honorable W. Claude Jones, Speaker of the House of Representatives.
"Sir :- A Memorial passed by the Legislative Assembly, addressed to the Secretary of War
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of the United States, asking that Arizona be placed in the Military Department of the Pacific, has been submitted to me for approval.
"I have examined it with care, and regret that I am unable to concur with the Legislative As- sembly, either as to the correctness of the facts therein stated, or the conclusions drawn there- from. The Memorial makes two distinct re- quests.
"First. That Arizona be transferred to the Military Department of the Pacific.
"One reason urged for the change is, that our communication with Headquarters would be facilitated thereby. The Military Express from Fort Whipple via Fort Wingate can be, and is, carried to Santa Fe in less time than it can be taken from the same point to San Francisco, by Fort Mojave or La Paz, and for an obvious rea- son-the distance is less.
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