USA > Arizona > History of Arizona, Vol. III > Part 9
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"The same proposition is true of Tubac.
"A further consideration presented is, that the military posts can be supplied more economically and with greater facility from California. Or- dinarily, when the currency is not depreciated, this may be true. But, at the present time, sup- plies cannot be obtained as cheaply in California, when their price, and the cost of their transpor- tation must be paid in gold, as they can in New Mexico, where the currency is the government paper. Supplies can be furnished with facility from either point by competent commissaries and quartermasters.
"It is also said that our transfer to the Depart- ment of the Pacific will secure 'Unity of Action.' I do not understand what is meant by this phrase. I have never heard that there was a want of unity
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of action on the part of the military forces in this Territory, nor do I comprehend how a change of departments could remedy the evil if it existed. If the whole Territory were made a separate mil- itary district, unity of action would undoubtedly be secured, and this can be done in whatever de- partment we may be.
"Finally, the failure, as it is termed, of the last campaign against the 'Hostile Apaches,' is presented as a further argument. The prin- cipal cause of that failure is attributed to the fact that it was undertaken without the co- operation of the posts on the Colorado River. I know of no post on the river that could have taken part in the campaign. Fort Mojave, the nearest post on the river to the scene of opera- tions, is 160 miles from Prescott, and not within one hundred as is stated in the Memorial. The distance of these posts from the hostile Indian country is so great that their garrisons could not be employed to advantage.
"The principal causes of the failure of that campaign to accomplish its purposes, were ignorance of the country, and the lack of com- petent guides. Time and experience will fur- nish these.
"The second part of the Memorial asks that a free and uninterrupted transit to the Gulf of California, be secured from Mexico.
"I fully concur with the Legislative Assem- bly in the importance and utility of this re- quest, but I do not see how the result can be attained by memorializing the Secretary of War on a subject with which his department has no concern.
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"For the reasons stated above, I shall with- hold my signature from the Memorial.
"But, unless otherwise requested, I will trans- mit the Memorial to the Secretary of War, as expressing the views of the Legislative Assem- bly on the subjects therein contained.
"JOHN N. GOODWIN."
With the exception of the one item imme- diately preceding, the feeling between the Legis- lative and the Executive Departments was one of perfect harmony, and to show this I quote Governor Goodwin's farewell message to the Legislature :
"Territory of Arizona, Office of the Governor. "Prescott, November 9th, 1864. "To the Legislative Council :
"Gentlemen :- In reply to a Message from the Legislative Assembly, inquiring whether I have any further communication to make, it gives me pleasure to inform you that all business requir- ing your attention has been submitted to you, and I have only to express my full appreciation of the diligence and wisdom with which your labors have been prosecuted, and of their great value to the Territory.
"The task before you was indeed one of no ordinary difficulty. Since its acquisition by the United States, the Territory has been almost without law or government. The laws and cus- toms of Spain and Mexico had been clashing with the statute and common law of the United States, and questions of public and private in- terest had arisen, which demanded careful but decided action. These questions have been met and satisfactorily settled. No portion of the
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Territory has been overlooked and no interest of its people has been neglected. In addition to the ordinary business of the session, a com- plete code of laws has been adopted; one which will meet all the wants of our young common- wealth, and will compare favorably with the statutes of the older States. You have been in session forty-three days, and a greater amount of labor was never performed by a legislative body in the same time.
"I congratulate you on the harmony and good feeling which have characterized your delibera- tions. At a time when political feelings are strongly excited, you have suffered no party dif- ferences to distract your proceedings and divert your attention from the important work before you. You can now separate with the conscious- ness that your duties are performed.
"I wish you a safe return to your constituents, who, I doubt not, will fully appreciate your labors, and I thank you, one and all, for your uniform kindness to me and for the many tokens of your confidence and esteem.
"JOHN N. GOODWIN."
This communication was also sent to the House of Representatives, and there read.
The following resolution was introduced in the House, and unanimously adopted :
"Resolved, That the thanks of the members of the House of Representatives be and are hereby tendered to the Honorable W. Claude Jones, for the able, efficient and impartial man- ner in which he has discharged the arduous duties of Speaker of the House during the pres- ent session."
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After the adopting of this resolution, the Speaker arose and said :
"Gentlemen of the House of Representatives :
"It is with the deepest emotion that I thank you for the approval of my official action as Speaker of the House of Representatives during the present session as expressed in the resolution just adopted.
"In the discharge of my duties I have pur- sued but one rule of action-and that was to do what my conscience told me was right under the circumstances, faithfully, impartially, and with an eye single to the good of the whole country. I have had no political hopes, and no ambitious views to gratify. I have known no local divi- sions-no factions-no political parties. I have labored daily and nightly for the best interests of that Territory in which I have cast my lot, and in which is my home; and I gratefully ac- knowledge your co-operation with me in all that could advance the general welfare and best in- terests of the country.
"You have been orderly, sober, active and in- dustrious, and your deliberations have been directed with an enlightenment of intelligence. You have gone with an energy and with a will into the business of the Legislature. You have worked unceasingly, and with great and good results. You have enacted a code of laws for the government of the Territory, equal, if not superior, to any code in the States of the Union. You have accomplished what no other Terri- torial Legislature has done before you.
"Your counties have been named so as to per- petuate the historie aboriginal names of the 9
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country. You have a well digested code of min- ing laws, that secures and fixes upon a firm basis the rights of the miner. You have laid the foundation of a system of education by estab- lishing a university and a library. You have established a historical society to preserve the relics and paint the wonders of the past as well as the events of the mighty present, teeming with history. You have laid broad and deep the foundations of civil and religious liberty, and have every earnest that the Territory is on the high road to develop her great and manifold resources. For this you have labored with in- defatigable industry. May your efforts be crowned with the fullest success.
"Without Legislative experience when you arrived in this capital, you have conducted your business with the order and system of the sages of a senate. It will be with me one of the proudest recollections of my life that no offer has ever been made to take an appeal from any of my decisions during the session, but they have been acquiesced in with the magnanimity and harmony that have ever characterized your deliberation. I owe much to your gentlemanly courtesy and kind forbearance.
"Gentlemen, the time has arrived when we are about to separate-perhaps never to meet again. My prayers for your prosperity go with you. The recollections of my associations with you here will linger as the brightest and green- est spot in the clouded vista of the past. I cherish the kindest feelings, the warmest sym- pathies of my heart, for each and all of you, and wherever you may go, wherever your lot may be cast, whatever may betide, my fondest recollec-
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tions will cling around each and all of you, and I entertain the hope that by you I will not be forgotten.
"To the Chief Clerk and the officers of the House, I also return my thanks for the efficiency with which they have performed their duties.
"With the highest and best wishes for your welfare I bid you a kind farewell.
"Gentlemen, the hour of 12 m. has arrived, I now declare this House adjourned sine die."
In very few subsequent Legislatures in Ari- zona did the same spirit of amity and mutual respect prevail. It was not long before per- sonal interest and political ambitions made their appearance in the Legislative halls of the Ter- ritory to disturb, and sometimes to arrest, good legislation.
As before stated, the first act approved by the Governor was the one authorizing him to ap- point a commissioner to prepare and report a code of laws for the use and consideration of the Legislature of the Territory, in accordance with which a code prepared by Judge Howell was presented, considered, amended and passed, which was the code of laws of the Territory for many years thereafter.
The second act was one divorcing John G. Capron, a member of the House of Represen- tatives from the First Judicial District from one Sarah Rosser of the same District, and the fourth act was one divorcing Elliott Coues from Sarah A. Richardson. Elliott Coues was a post surgeon at Whipple at the time the divorce was granted, and afterwards published "On the Trail of a Spanish Pioneer, Garces Diary," one
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of the standard works in reference to the Span- ish missionaries of the West.
The third act, entitled: "An Act Declaring Certain Routes as a Country Road in the Terri- tory of Arizona, "is one which will be interest- ing to all Arizonans. Section one provided that the road or route known as the Woolsey trail, beginning at the town of Prescott, thence con- tinuing in a northeasterly direction a distance of twenty-five miles to the Agua Frio Ranch; from thence continuing in a southerly course to Big Bug Creek; from thence down said stream in a southeasterly course to Slate Creek; thence southerly to Black Cañon or the new mines; thence continuing southerly to Bird Springs, and thence to Casa Blanca or Pima Villages- should be declared by the passage of the act a country road, free for all intents and purposes therein required.
Several acts were passed incorporating toll roads in different parts of the Territory, some of which were built. The rates which they were allowed to charge would be considered, in our day, excessive, particularly where a road was built over ground that required very little work to make it passable for teams. One of these roads, "The Tucson, Poso Verde and Libertad Road Company," was incorporated by an act of the Legislature, and the incorporators were given the exclusive privilege and power to con- struct and build a toll-road from the town of Tucson to the nearest and most convenient point in the direction of the port of Libertad on the Sonora line, and also a branch toll-road from Tucson, Cababi and Fresnal, to intersect the line of said main road at a point desirable, and also
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from the San Antonio, Mowry Silver Mine, and the Esperanza Mine, via Tubac, to Sopori on the line of said main road, passing almost entirely over the plain. Section 2 of the act provided, among other things, that the company was to construct bridges and grade said road, if they think proper, and to dig wells at practicable points, and to keep and maintain facilities for furnishing water to men and animals passing on said roads, and to do all other things necessary to complete said roads and make the same safe and passable at all times; and may construct and maintain one or more toll-gates, and may receive and collect toll or passage money in the sums not exceeding the following rates, to wit: For each wagon drawn by two horses, mules, or horned cattle, four cents per mile. For each additional span of horses or horned cattle, one cent per mile. For each carriage or cart drawn by one horse, mule, or ox, three cents per mile. For each horse or other animal and rider, two cents per mile. For each pack-animal, horse, mule, or ass, or horned cattle, one and one-half cents per mile. For every goat, sheep, hog, or loose stock in droves, one-quarter of a cent per mile; it being understood that no foot traveller shall pay toll, and that said company shall permit travellers to take water from any wells dug by them on the line of said road, sufficient for the use of said travellers and their animals while passing over said road or making the usual necessary stops thereon, without charge therefor. The above rates of toll shall only be collected over such roads as the company shall find it necessary to construct, and when wells are dug on the old por- tions of said roads, and which it shall not be ne-
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cessary for the company to construct anew, they shall have the right to collect three cents per head for the use of all animals using the same on said roads."
The Santa Maria Wagon Road Company was also incorporated by the Legislature and was authorized and allowed the privileges to "con- struct and build a toll-road from such point on the Colorado River near the mouth of Williams' Fork, as they may deem most convenient, by such route as they may find and consider most favorable, in the general direction of the Lount and Noyes road, so called, to the town of Pres- cott in said Territory, with the right to construct bridges and grade said road, if they think proper, and to keep and maintain facilities for furnishing water to men and animals passing over said road, and make the same safe and pass- able at all times, and may construct and main- tain one or more toll-gates, and may receive and collect toll or passage money in sums not exceed- ing the following rates, to wit: For each wagon drawn by two horses, mules, or horned cattle, four cents per mile; for each additional span of horses, mules, or horned cattle, one and one-half cents per mile. For each carriage or cart drawn by one horse, mule, or ox, three and one-half cents per mile. For each jack, animal, horse, mule, or ass, or horned cattle, one and one-half cents per mile. For each horse or other animal and rider, two and one-half cents per mile. For every sheep, hog, or goat, one-eighth of one cent per mile. It being understood that no foot traveller shall pay toll and that said company shall permit travellers with their animals to take from any wells or watering-places on the line of
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said road water sufficient for the use of said travellers and their animals while passing over said road, or making the usual and necessary stops or camps thereon, without charge there- for."
All toll roads throughout the Territory were permitted to charge like exorbitant rates.
There was also an exclusive right granted to William D. Bradshaw and his associates to main- tain and keep a Ferry across the Colorado River at La Paz. Section 2 of the act granting such right provided that "So long, not exceeding twenty years, as the said William D. Bradshaw, or his associates or successors, shall maintain and operate a good, safe and sufficient ferry between the points aforesaid, they shall be authorized to charge, demand and collect the following rates of toll, viz. :
"For a wagon and two animals, four dollars; for every additional two, one dollar;
"For every carriage with one animal, three dollars;
"For every beast of burden, one dollar;
"For every horse or mule with its rider, one dollar ;
"For every footman, fifty cents ;
"For every head of loose cattle, horses, mules or jacks, fifty cents ;
"For every hog, sheep, or goat, twenty-five cents."
The Arizona Historical Society was incorpo- rated at this session, concerning which more will appear hereafter.
The recommendation of the Joint Committee on Education was accepted and an Act was passed appropriating $250 to the mission school
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at San Xavier del Bac, for the purpose of pur- chasing books of instruction, stationery, and fur- niture, and there was also appropriated for the benefit of public schools in the towns of Prescott, La Paz and Mohave, to each of said towns the sum of $250, but these last appropriations were dependent upon the appropriation by each town of an equal amount. The sum of $500 was ap- propriated for the benefit of a public school in the town of Tucson, in which the English lan- guage was to form a part of the daily instruc- tion; the appropriation, however, was to be void unless the said town, by taxation, appropriation, or individual enterprise, furnished a like sum of five hundred dollars to the support of such school.
The county commissioners were made the trus- tees of the public schools and had the power to appoint a suitable person to examine the course of instruction, discipline, and attendance of said schools, and the qualifications of the teachers, and report the same to them at their stated quar- terly meetings. Said county commissioners and the inspector appointed by them was not to re- ceive any fees or salary for any services done in the discharge of their duties under this act.
The legal rate of interest was fixed at 10% per annum.
The Legislature also passed the following act in regard to printing :
"Be it enacted by the Legislative Assembly of the Territory of Arizona :
"Sec. 1. The Secretary of the Territory shall be and he hereby is authorized to contract for the printing in book form, with pamphlet binding, of two hundred copies of the Code of
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the Territory of Arizona, and such other print- ing as may be ordered during this session of the Legislative Assembly.
"Sec. 2. He shall not pay for such printing over one dollar per folio, and if it shall be neces- sary to provide paper for such printing, he shall furnish such paper at a rate of not more than twenty per centum advance upon cost and charges at Prescott.
"Sec. 3. The laws shall be published on or before the day they take effect, except such as take effect from the day of their passage, and such publication shall be paid for in such funds as the Territory shall provide.
"Sec. 4. The Secretary of the Territory shall be and he is hereby authorized to employ some suitable person to supervise the publication of said laws, provided the compensation therefor shall not exceed the sum of two hundred and fifty dollars."
All persons in military service who were legal voters of the Territory, were allowed to vote at elections in any part of the Territory they hap- pened to be at the time of election.
All persons in military service, either of the United States or of the Territory, were allowed to hold mining claims in the Territory.
An act was passed creating a seal for the Ter- ritory, which is as follows:
"Be It Enacted by the Legislative Assembly of the Territory of Arizona :---
"Sec. 1. The seal of this Territory shall be of the size of two and one-quarter inches in diameter, and of the following design: A view of San Francisco mountain in the distance, with a deer, pine trees and columnar cactus in the
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foreground; the motto to be 'Ditat Deus.' The date on said seal to be 1863, the year of the or- ganizing of the Territory.
"Sec. 2. The sum of one hundred dollars is hereby appropriated for the expense of engrav- ing and transporting said seal; and the Secretary of the Territory is hereby authorized to entrust said seal to proper parties for engraving.
"Sec. 3. The Secretary is hereby empowered to use the former seal in his official duties until the seal authorized in this act is prepared."
Of the seal so authorized and adopted by the Legislature, and also of the former seal men- tioned in the foregoing act, Bancroft says :
"The seal described in the act of 1864 is the upper one in the cut. I find it used for the first time-in print-in the laws of 1883. The earlier seal, the lower of the cut, of origin unknown to me, is printed in the Journals and Acts as late as 1879. For humorous comments on this seal, see Ross Browne in Harper's Magazine, xxix, 561."
The "former" or "earlier" seal was according to J. Ross Browne, designed and brought to the Territory by Richard C. McCormick, Secretary of the Territory.
An Act was passed incorporating the Arizona Railway Company, the incorporators including the Governor, Secretary McCormick, Samuel F. Butterworth, and others. Section 2 of this act provided :
"That the purpose of this act is to organize a company and to incorporate the same, with authority, which is hereby granted to said com- pany, to construct and maintain railway and telegraph lines, commencing at such point or
TERRI
F ARIZONA
SEA
DITATDEUS
1863.
TERRI
SEAL OF THE
ARIZONA
DITAT DEUS
1863.
SEALS OF ARIZONA TERRITORY.
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points on the southern boundary line as they may select and determine as the most suitable for connecting with a proposed railroad from Guay- mas and other Pacific ports, and running north- erly along the Santa Cruz Valley to or by the town of Tubac to the town of Tucson, thence westerly on the main road, known as the 'over- land' to or near the Picacho, thence northwest over a route to be selected to the town of La Paz, or to a point that it may intersect with a road run- ning east and west, or across the Territory and hereinafter provided for in this act; and said company shall have the exclusive right to deter- mine, select, and locate a line of road, com- mencing at a point on the 109th meridian, the eastern boundary line of this Territory, and to extend westerly across the entire Territory, over such selected route to the Colorado or western boundary ; and said company shall have the right to construct, use and maintain side tracks, tram roads, and branches to adjacent mines or towns, or to connect with other railways; and shall also have the power to connect their telegraph lines with any telegraph lines made or to be made in or through California, Nevada, Utah, New Mex- ico, or Mexico, or any adjoining State or Terri- tory ; and said company may unite and be consoli- dated with any other railroad companies now or hereafter established, for the purposes above named, in any of the States or Territories afore- said, upon such terms as they may think just and proper."
As a curiosity to those who believe in very lib- eral appropriations, and a matter of historical record, the act to provide for the civil expenses
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of the Territory is here reproduced. It is as fol- lows :
"An Act to Provide for the Civil Expenses of the Territorial Government.
"Be It Enacted by the Legislative Assembly of the Territory of Arizona :
"Sec. 1. That the following sums be and they are hereby appropriated for the objects herein- after expressed, viz:
"For the salary of the attorney-general for the past year and up to the tenth day of November, A. D. 1864, eleven hundred and sixty-six ($1,166) dollars.
"For the printing of the journals of the Legis- lature and other public printing, eleven hundred and twenty-one ($1,121) dollars.
"For the salary of the Territorial Treasurer, fifteen hundred ($1,500) dollars.
"For the salary of the attorney-general for the next year, ending November tenth, 1865, two thousand ($2,000) dollars.
"For the salary of the Adjutant General, five hundred ($500) dollars.
"For the necessary appropriations for school purposes, fifteen hundred ($1,500) dollars.
"For printing the laws of the Territory, three thousand ($3,000) dollars.
"For reading the proof and superintending the printing of the Code, two hundred and fifty ($250) dollars.
"For enrolling the Code of the Legislature, one thousand ($1,000) dollars.
"For the contingent expenses of the Territorial Government for the year ending December
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thirty-first, 1865, fifteen hundred ($1,500) dol- lars.
"For the commissioner, the Honorable Will- iam T. Howell, for drafting a Code of Laws for the Territory, two thousand five hundred ($2,- 500) dollars.
"For Milton B. Hadley, for translating the Governor's message into the Spanish language, one hundred ($100) dollars.
"Sec. 2. That in case there shall not be suffi- cient money in the Territorial treasury, the treas- urer is hereby authorized to pay such appropria- tion in bonds provided to be issued by an act en- titled ' An Act to provide for the Contingent Ex- penses of the Territorial Government,' passed at the present session of the Legislature.
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