USA > Arizona > History of Arizona, Vol. IV > Part 12
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"The bullet struck, and Duffield bent over with a most Chesterfieldian bow and wave of the hand : 'My name's Duffield, sir,' he said, 'and them 'ere's mee visiting card.'
"If there was one man in the world who de- spised another it was Chief Justice John Titus in his scorn for the ex-marshal, which found open expression on every occasion. Titus was a gentleman of the old school, educated in the
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City of Brotherly Love, and anxious to put down the least semblance of lawlessness and dis- order; yet here was an officer of the Government whose quarrels were notorious and of every day occurrence.
"Persuasion, kindly remonstrance, earnest warning were alike ineffectual, and in time the relations between the two men became of the most formal, not to say rancorous, character. Judge Titus at last made up his mind that the very first excuse for so doing he would have Duf- field hauled up for carrying deadly weapons, and an occasion arose much sooner than he imagined. "There was a 'baile' given that same week, and Duffield was present with many others. People usually went on a peace footing to these assemblies-that is to say, all the heavy arma- ment was left at home, and nothing taken along but a few Derringers, which would come handy in case of accident.
"There were some five or six of us-all friends of Duffield-sitting in a little back room away from the long saloon in which the dance was going on, and we had Duffield in such good humor that he consented to produce some, if not all, of the weapons with which he was loaded. He drew them from the arm-holes of his waist- coat, from his boot-legs, from his hip-pockets, from the back of his neck, and there they all were-eleven lethal weapons, mostly small Der- ringers, with one knife. Comment was useless; for my own part I did not feel called upon to criticize my friend's eccentricities or amiable weaknesses, whatever they might be, so I kept my mouth shut, and the others followed my example. I suppose that on a war-footing noth-
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ing less than a couple of Gatling guns would have served to round out the armament to be brought into play.
"Whether it was a true alarm or a false one I couldn't tell, but the next day Judge Titus imagined that a movement of Duffield's hand was intended to bring to bear upon himself a portion of the Duffield ordnance, and he had the old man arrested and brought before him on the charge of carrying concealed weapons.
"The courtroom was packed with a very or- derly crowd, listening attentively to a long ex- ordium from the lips of the judge upon the en- ormity and the uselessness of carrying concealed deadly weapons. The judge forgot that men would carry arms so long as danger real or im- aginary encompassed them, and that the opin- ions prevailing upon that subject in older com- munities could not be expected to obtain in the wilder regions.
"In Arizona, the reader should know, all the officers of the law were Americans. In New Mexico, on the contrary, they were almost with- out exception Mexicans, and the legal practice was entirely different from our own, as were the usages and customs of various kinds. For example, one could go before one of those Rio Grande alcaldes in Socorro, San Antonio, or Sabinal, and wear just what clothes he pleased, or not wear any if he didn't please; it would be all right. He might wear a hat, or go in his shirt sleeves, or go barefoot, or roll himself a cigarito, and it would be all right. But let him dare enter with spurs, and the ushers would throw him out, and it was a matter of great good luck if he did not find himself in the calaboose to boot for contempt of court.
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"'Call the first witness; call Charles O. Brown.'
"Mr. Charles O. Brown, under oath, stated his name, residence, and occupation, and was then directed to show to the judge and jury how the prisoner-Duffield-had drawn his revolver the day previous.
"'Well, jedge, the way he drawed her was jest this.' And suiting the action to the word, Mr. Charles O. Brown, the main witness for the prosecution, drew a six-shooter, fully cocked, from the holster on his hip. There was a ripple of laughter in the courtroom, as every one saw at once the absurdity of trying to hold one man responsible for the misdemeanor of which the whole community was guilty, and in a few min- utes the matter was nolle prossed.
"I will end up the career of the marshal in this chapter, as we shall have no further cause to introduce him in these pages. His courage was soon put to the severest sort of a test when a party of desperadoes from Sonora, who had been plundering in their own country until driven across the line, began their operations in
Arizona. At the dead of night they entered Duffield's house, and made a most desperate as- sault upon him while asleep in his bed. By some sort of luck the blow aimed with a hatchet failed to hit him on head or neck-probably his assailants were too drunk to see what they were doing-and chopped out a frightful gash in the shoulder, which would have killed the general run of men. Duffield, as has been shown, was a giant in strength, and awakened by the pain, and at once realizing what had happened, he sprang from his couch and grappled with the nearest of the gang of burglars, choked him, and
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proceeded to use him as a weapon with which to sweep out of the premises the rest of the party, who, seeing that the household had been alarmed, made good their escape.
"Duffield was too much exhausted from loss of blood to retain his hold upon the rascal whom he had first seized, so that Justice did not succeed in laying her hands upon any of the band. When Duffield recovered sufficiently to be able to reappear on the streets, he did not seem to be the same man. He no longer took pleasure in rows, but acted like one who had had enough of battles, and was willing to live at peace with his fellow-men. Unfortunately, if one acquire the reputation of being a 'bad man' on the frontier, it will stick to him for a generation after he has sown his wild oats, and is trying to bring about a rotation of crops.
"Duffield was killed at Tombstone ten years since (about the year 1880 or 1881), not far from the Contention Mine, by a young man named Holmes, who had taken up a claim in which Duf- field asserted an interest. The moment he saw Duffield approaching he levelled a shot-gun upon him, and warned him not to move a foot, and upon Duffield's still advancing a few paces, he filled him full of buckshot, and the coroner's jury, without leaving their seats, returned a ver- dict of justifiable homicide, because the old, old Duffield, who was 'on the shoot,' was still re- membered, and the new man, who had turned over a new leaf and was trying to lead a new life, was still a stranger in the land.
"Peace to his ashes!"
In his message to the Third Legislative As- sembly, Governor McCormick refers to the cen- sus taken in the preceding April, and May, say-
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ing that it showed a considerable increase in the population of the Territory, and, "our advance in material prosperity, if not rapid, is steady, and, I believe, upon a substantial basis. Labor finds abundant employment and remunerating reward; social order prevails among our people, and the laws are obeyed with promptness and good feeling."
Under the head of Finance, the Governor made the following statement and recommenda- tion :
"The total Territorial indebtedness, as au- dited to this time, amounts to twenty-one thou- sand and fifty-one dollars and forty-one cents, and there is a balance of two hundred and forty- nine dollars and fifty cents in the treasury to the credit of the general fund. Of this indebted- ness, fifteen thousand, five hundred and ninety dollars are payable in gold, being the amount of bonds, (and interest on the same to January 4, 1867), issued under the act of the First As- sembly, approved November 9, 1864, and en- titled 'An Act to Provide for the Contingent Expenses of the Territorial Government.' In view of the fact that, until the present year, but two of the counties were fully organized, and that now, although all contribute to the revenue, the total receipts, owing to the limited amount of taxable property in the Territory are small, this is not more than a reasonable debt. Compared with that of neighboring Territories, containing a larger population and far better sources of revenue, it is insignificant, and will be com- plained of only by those singular individuals who expect the wheels of government to move without cost.
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"Still, I would advise that no expenditure of the Territorial funds, however earnestly it may be asked for, or necessary it may seem, be au- thorized by your honorable bodies without the most careful consideration; and, if you can im- press upon the counties the importance of economy in their affairs, it will be well to do so. In the matter of promptly and thoroughly col- lecting the revenue, they should be urged to increased vigilance, not only for their own benefit, but for that of the Territory at large.
"Some seven thousand dollars of the gold bonds before referred to, will become due in a little more than a year from this date, and al- though another legislature may meet before that time, it is not too early to make provision to insure their payment and thus to sustain the Territorial credit.
"There is a balance of about five hundred dollars in the Treasury from the special fund created by the sale of Territorial mining claims, which I would suggest be assigned to the general fund, and that all further receipts from such sales be so disposed of.
"The Treasury Department having made the Territory an Internal Revenue District, and appointed an assessor and collector, we may soon expect to be called upon to contribute directly to the national revenue. I had hoped, in view of our comparatively small population, and the drawbacks with which we have to contend, that we should escape other than Territorial taxa- tion for the present. But it becomes us, as loyal citizens of the great Republic, cheerfully to do our part, however humble it may be, towards cancelling the sacred debt incurred in preserving the national life."
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In the message the Governor mentions the fact that a marked degree of improvement is shown in the mining industry. He said :
"If there is less excitement over our mining interests, there is more confidence in their ex- cellence, and a strengthened belief that their de- velopment will surprise the world. Ten quartz mills will have been erected in this county alone before the close of the present year. Those already in operation afford a gratifying evi- dence of the value of the gold ores, and, as the lodes are sunk upon, they show permanence and size. The appearance of sulphurets and refrac- tory elements, at a certain depth in some, may involve the necessity of more elaborate ma- chinery, but no obstacles will, I think, be suffi- cient to baffle the enterprise of our miners who, depending more upon their own energies and capital than upon help from abroad, are deter- mined to know no such word as fail.
"The rare advantages of wood, water, and climate are more than sufficient to offset the present cost of living, and the heavy expense of transporting machinery here, and, the Indians properly subdued, I believe there will be few localities upon the Pacific Coast where quartz mining may be so economically, agreeably and profitably pursued.
"Those of the silver mines below the Gila and upon the Colorado, that are judiciously worked, with scarcely an exception, show great wealth, and fully maintain the traditional reports of the metallic opulence of the country.
"The considerable capital now devoted to the development of the copper lodes upon the Colo- rado and Williams' Fork is but an earnest of
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that which this important work will soon com- mand. The uniform richness of the ore, the quantity of the same, and the facilities for its extraction and shipment, combine to make the mines among the most desirable of the kind upon the continent."
He thus refers to the mining law passed by Congress :
"The Act of Congress to legalize the occupa- tion of mineral lands, and to extend the rights of pre-emption thereto, adopted at the late ses- sion, preserves all that is best in the system created by miners themselves, and saves all vested rights under that system, while offering a permanent title to all who desire it at a merely nominal cost. It is a more equitable and prac- ticable measure than the people of the mineral districts had supposed Congress would adopt, and credit for its liberal and acceptable provi- sions is largely due to the influence of the repre- sentatives from the Pacific Coast, including our own intelligent delegate. While it is not with- out defects, as a basis of legislation it is highly promising, and must lead to stability and method, and so inspire increased confidence and zeal in quartz mining."
According to the Governor, after much per- sistent effort, the government was induced to authorize, in 1864, the establishment of several important mail routes, but, up to the date of his message, the service had been irregularly per- formed. The first contractor, whose control ex- pired June 30th, 1866, so deliberately disre- garded the requirements of his contract and the convenience of the people, that the service was a mere burlesque and provocation.
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As this history progresses it will be seen that many other contractors and servants of the gov- ernment were equally derelict in the discharge of their duties, and, as a consequence of this neglect on the part of the mail contractors, Arizona probably suffered more than any other Territory for want of proper mail facilities.
The Governor, in reference to this subject, very truthfully remarked :
"The hostile savage is scarcely more inimical to the progress and prosperity of a new country than the mail contractor who, by his faithless- ness, interrupts the business and social inter- course of the people, and deprives them of their only means of communication with the outer world."
In reference to new mail routes, he said :
"The route from Great Salt Lake City via St. George to Hardyville, let under the new con- tracts, is highly advantageous to northern and central Arizona, on account of the eastern con- nection, by which letters from New York and Washington are received at Prescott in thirty days, a much shorter time than by San Fran- cisco.
"The extension of mail service from Prescott to the Rio Grande is much needed, not only in view of our relations with New Mexico, but for the most direct and speedy communication with the Atlantic states. The route is practicable at all seasons, despite all reports to the contrary, and in connection with that from San Ber- nardino to Prescott, would form one of the shortest from the Pacific to the Rio Grande. The citizens of La Paz, our largest town upon the Colorado, complain with reason that while
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they live upon the shortest, and one of the best highways from California to Prescott, they are left without mail facilities, except by a circuitous route. The people of Pima County ardently desire the re-establishment of service upon the old Southern or Butterfield route, acknowledged to be one of the best across the continent, and service on the route from Arizona City to La Paz is called for."
The Governor noted the fact that there was not a stage coach running in Arizona, although the Territory had been organized for nearly three years.
In reference to the Apache he said :
"The conflict with the Apache continues, and will continue, I fear, until we are supplied with troops better suited to fight him, or the product of our mines is such as to attract a large popu- lation, and so literally to crowd him from the scene of action. I am satisfied that the Depart- ment commander (Major-General McDowell), who, from actual observation, has a good knowl- edge of the Territory, is sincerely anxious to afford us every assistance in his power, and that the commander of the District (Colonel Lovell), is actuated by the same spirit. In a recent let- ter the former says:
" 'You have in Arizona the bulk of the troops which the Government has placed at my dis- posal. If the number is insufficient, and the kind not such as you may think the most suited to success, it is a matter over which I have no control.'"
The Governor said that Delegate Goodwin had proposed an amendment to the new army bill, whereby the companies of Arizona Volunteers
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already enrolled, should be maintained and the number increased to a full regiment, but that Congress refused to legislate for a particular case, and, consequently, the companies were dis- banded.
The Congressional Globe does not show any attempt on the part of Arizona's Delegate to en- graft such an amendment upon the army bill. If done at all, it was proposed by him to the committee, which turned it down. The only case where Delegate Goodwin appears in the Congres- sional Globe is when he delivered the following speech in Congress opposing the taking of Pah- Ute County from Arizona. He did not propose any amendment to this bill by which it should be left, not only to the State of Nevada to ac- cept the grant, but to a vote of the people of Pah-Ute County upon the question of such an- nexation. Delegate Goodwin's speech is as fol- lows :
"I hope the amendment of the gentleman from Maine will prevail. The bill, as amended, would provide for taking a portion of Utah and annexing it to Nevada, striking out so much of the Senate bill as provided for the annexation of any portion of Arizona.
"This bill came to the House of Representa- tives from the Senate. While it was pending before the Committee on Territories in the Sen- ate, no hearing was had on the merits of this question. With my consent no hearing was had at that time, though I was notified that the bill was pending, for the reason that I desired to hear from my constituents in relation to the matter. When the bill came before the Commit- tee of Territories of the House, a full hearing was had on the merits of the question, and the
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committee, after hearing decided to strike out so much of the bill as related to the Territory of Arizona.
"Mr. Speaker, the House of Representatives is not the most convenient tribunal before which to present a question of this kind. A question regarding the dismemberment of a Territory should be decided upon evidence and facts, and not upon simple statements made in the course of debate, and the question was so regarded by the Committee on Territories of this House. I hope that the House will adopt the recommenda- tion of the Committee on this subject.
"I can only state very briefly, in the time al- lotted to me this morning, the substance of the argument, the points that were made before the Committee on Territories. It would be impos- sible to go over the arguments in full.
"The first objection to taking this portion of the Territory of Arizona is that it is a part of the watershed of the Colorado River. All streams running through that Territory empty into the Colorado. The people receive their sup- plies up the Colorado River. The principal mail route into Arizona runs down through a settlement about two hundred miles distant from Prescott, which is the capital of the Territory. All their connections and business are with the Territory of Arizona.
"Now, if they were annexed to the State of Nevada, they would be obliged, in order to reach the capital of the Territory, either to go around by San Francisco, or to go up nearly to the point of the overland mail route before they could get into the route leading to the capital of Nevada. There is no natural connection be- tween this country and the State of Nevada. It
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is separated from that state by a portion of the great desert, which presents an almost impassa- ble barrier. It is so perfectly barren that it is called 'Death Valley.' That forms the bound- ary between the two.
"There is another objection to this bill. It establishes a new precedent in legislation. While the consent of the State of Nevada is made a condition precedent to the annexation of this territory, no consent is required on the part of the people of Arizona. They are obliged to take upon themselves the burden of a state gov- ernment without their consent. I would be per- fectly willing that this bill should pass if the people of that portion of Arizona can be per- mitted to vote on this question and decide it by a majority. And I propose to offer, if this amendment should not be adopted and the bill should pass in its present shape, an amendment of that kind. And sir, I know, and gentlemen who advocate this bill know, that if the bill does pass in this shape, there will be an almost unani- mous vote of the people of that portion of the Territory against it.
"It may be urged that there are but few people within this territory. Last year there were fifteen hundred people at least upon the Muddy River, and its branches, and I am in- formed by the Governor of Arizona, Mr. Mc- Cormick, that there are now nearly twenty-five hundred people within this territory, and that by the middle of this summer there will be five thou- sand.
"The burden of a state government is sought to be imposed upon these people without asking in any way their consent, and I believe that is establishing a wrong precedent."
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Delegate Goodwin, however, proposed no amendment to the bill when it was up for final consideration.
The Third Territorial Legislative Assembly was organized by the election and appointment of the following officers:
COUNCIL.
President Mark Aldrich.
Secretary John M. Roundtree.
Assistant Secretary William Cory.
Translator and Interpreter
Chaplain Octavius D. Gass.
Charles M. Blake.
Sergeant-at-Arms A. John Moore.
Doorkeeper
Messenger Julius Sanders.
Neri F. Osborn.
Watchman. Thomas W Simmons.
Engrossing Clerk Lafayette Place.
Enrolling Clerk. Joseph C. Lennon.
HOUSE OF REPRESENTATIVES. Speaker Granville H. Oury.
Chief Clerk. * James S. Giles.
Assistant Clerk. Ralph Shelton.
Translator and Interpreter
Octavius D. Gass.
Chaplain Charles M. Blake.
Sergeant-at-arms Thomas Hodges.
Doorkeeper
Messenger
Andrew H. Elliott.
. John W. Osborn.
Watchman
* Daniel M. Bornman.
Engrossing Clerk
Ralph Shelton.
Enrolling Clerk Henry Clifton.
*Mr. Shelton resigned October 9th, when Henry A. Bigelow was chosen Assistant Clerk. Mr. Giles resigned October 27th, when Mr. Bigelow was chosen Chief Clerk, and William H. Ford, Assist- ant. Mr. Bornman resigned October 16th, when Francis M. Cope- land was chosen Watchman.
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THE THIRD LEGISLATIVE ASSEMBLY.
It will be seen that there were no other offi- cers or attachés of the Legislature other than those authorized by the Federal law.
Among the laws passed by this Legislature was one creating the office of District Attorney.
One repealing the act creating the office of At- torney-General for the Territory.
One creating the office of Territorial Auditor, to which office James Grant was appointed, and repealing that portion of the Howell Code creat- ing a Board of Territorial Auditors. The sal- ary allowed the Territorial Auditor was five hun- dred dollars per year, and one hundred and fifty dollars for office and incidental expenses.
One authorizing the Auditor of the Territory to issue warrants on the Treasurer of the Terri- tory in favor of all persons whom the Legislative Assembly of the Territory might direct. These warrants were receivable for all amounts due the Territory. After they were issued and pre- sented to the Treasurer for payment, they bore ten per cent per annum interest.
At this session the salary of the Territorial Treasurer was fixed at the sum of five hundred dollars per annum, and one hundred and fifty dollars per annum to cover his incidental ex- penses.
The terms of the District Courts in the coun- ties of Pima, Mohave and Pah-Ute were fixed as follows :
"The District Courts in the counties of Pima and Mohave, on the first Monday in January and the first Monday in June; and the county of Pah-Ute on the third Monday in June."
Title V of Chapter 50 of the Howell Code, with reference to the location of mining claims for the Territory of Arizona, which reads as fol- lows:
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HISTORY OF ARIZONA.
"It shall be the duty of persons who may dis- cover and claim mining rights or mineral lands, at the same time that they may define the bound- ary of their claim or claims to any lode or mine as required by the provisions of this chapter, to lay off and define the boundaries of one perte- nencia as required by the provisions of this chap- ter, adjoining their claim or claims, which shall be the property of the Territory of Arizona. And at the same time that they present their notice of claim or claims to be recorded by the recorder of the mining district, they shall also present to such recorder the claim of said Ter-
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