USA > Arizona > History of Arizona, Vol. V > Part 4
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"Whereas, it has pleased an all wise Provi- dence to call from our midst Mr. A. M. Erwin, a member elect of this body, and whereas, in his decease our Territory has lost one of its most noble and energetic citizens, therefore, be it
"Resolved, that we fully appreciate the brave and valuable services rendered to the people of this and adjoining Territories by the deceased during his term of service in the California Volunteers.
"Resolved, that we deeply sympathize with the relatives of the deceased, that one so young,
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THE FIFTH LEGISLATURE.
so brave, so noble in all his traits of character, should be thus early taken from them by the fatal hand of the so much dreaded Apache.
"Resolved, that the Clerk of this House fur- nish the relatives of the deceased with an offi- cial copy of these resolutions."
The committee on Military and Indian Affairs made the following report :
"First. The Territorial Militia have neither organization nor ammunition. Therefore, we are unable to afford any protection to the people of this Territory, and this condition will con- tinue unless the General Government furnishes the requisite means of defense.
"Second. The Indians of the Territory are arrayed in deadly hostility to the whites, butch- ering and robbing on the highways and ranches, and every footpath from the Rio Grande to the Colorado river. Life and property are unsafe even in the immediate vicinity of military posts. The time has arrived, in the opinion of your committee, when some decided action should be taken in the premises, so that white settlers in the country can understand whether they have the predominating power, or that the Govern- ment will protect its citizens against a horde of demons in human shape, called 'Lo! the poor Indian.'
"The Legislature of the Territory has re- spectfully memorialized Congress for the four past consecutive terms; but up to the present time no action has been taken in the premises.
"Your committee are of the opinion that our Delegates have been negligent of their duty, or
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HISTORY OF ARIZONA.
the Government has been unmindful of the wants of the citizens of this Territory.
"The present military force in the Territory is inadequate to the protection of the citizens therein; and it matters not how well the present number of troops may be disposed of, or how- ever anxious the commanding officer of the dis- trict or the officers and soldiers under his com- mand may be, to render assistance to the settlers, under the present arrangement of mili- tary affairs. Every effort would prove an en- tire failure, unless a larger number of troops can be placed in the command of the district commander, in order to give them the opportu- nity of making rapid movements, and following up the same with success.
"But so long as certain Indians are permitted to draw rations from certain government posts or reservations, so called, to sustain their families and supply their own wants, and fit themselves out for a more successful campaign against the whites, it is utterly impossible for the military to put an end to these infernal devils, called Apaches.
"Your committee fully believes in placing the entire management of Indian affairs under the control of the military commanders of the dif- ferent military districts, until they are subju- gated and placed on reservations; and are made to earn their bread by the sweat of their brows, instead of murdering and robbing the whites. The blood of white men cries revenge from every hill, valley and nook.
"The mourning of the fond wife for her hus- band is borne on every breeze. The cry of the
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THE FIFTH LEGISLATURE.
orphan is heard in every hamlet. Numbers of our people have been taken captive, tortured cruelly, and burned at the stake. During the last seven years over eight hundred persons have been murdered in the highways and ranches within the limits of this Territory. The roads and byways throughout this Terri- tory are marked by monuments of savage ferocity ; fresh victims fall day by day on their journey through the country.
"Your Committee would be unmindful of their duty as Representatives of the people, and as citizens of the Territory did they fail to represent their constituents as a law-abiding, industrious and ever hopeful community.
"Your Committee would urgently request our Delegate in Congress to represent the facts set forth in this report in unqualified terms.
"(Signed) D. H. STICKNEY, "Chairman of Committee on Military and Indian Affairs."
An estimate of the expense for running the Territory for the year ending November 1st, 1869, was made by John B. Allen, Territorial Treasurer, and was as follows:
"TERRITORY OF ARIZONA, "Office of the Treasurer.
"Tucson, December 8, 1868.
"Hon. Thomas J. Bidwell, Speaker of the House of Representatives, Fifth Legisla- tive Assembly.
"Sir :- In pursuance to law, I herewith sub- mit an estimate of the current expenses of the V-4
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HISTORY OF ARIZONA.
Territory from November 1st, 1868, to Novem- ber, 1st, 1869, viz. :
Expenses of Supreme Court, as au-
dited by Judges of the late
Supreme Court $ 293.52
Salary of Territorial Auditor 650.00
Salary of Territorial Treasurer 650.00
Rent of room for Territorial Library .. 150.00
Distribution of Acts and Journals 50.00
Territorial Prisoners 500.00
Incidental Expenses 150.00
Total. $2,443.52
"Other expenses may arise during the year. "Very respectfully, "Your obedient servant,
" (Signed) JOHN B. ALLEN, "Territorial Treasurer."
In reference to the contention as to the bound- ary line between Arizona and California, the Committee on Counties and County Boundaries, through its Chairman, Mr. McKey, submitted the following :
"Mr. President :- It devolves upon me to re- port, as Chairman of the Committee on Coun- ties and County Boundaries from the Council and the Committee on Federal Relations from the House, who met jointly, and who had under consideration the matter of the disputed strip of land south of the Gila river and east of the Colorado, and in connection therewith, a report made by the Hon. Mr. Meagher to the Cali- fornia Legislature upon the subject :
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THE FIFTH LEGISLATURE.
"He says, speaking of that State, that 'our southern boundary has been considered in this State as determined and run by the Boundary Commissioners of Mexico and the United States.'
"As to this point none, I presume, are dis- posed to disagree with him, but as to what pre- cise territory was included in that boundary there seems to be a question in the minds of the California Legislators.
"The report before referred to, appears to be based upon as much ignorance with regard to this question, as was the action of the first two Legislatures of Arizona, which committed the grave error of memorializing Congress upon the subject; when, if they had examined the question, they would have found that the State of California never claimed the disputed land, and that Congress had specifically included it in the Territory of New Mexico in the Organic Act for that Territory.
"The Constitution of California in giving the boundaries of that State, claims the middle of the main channel of the Colorado River below the thirty-fifth parallel of north latitude down to the line between Mexico and the United States, as her line.
"Arizona claims that the western boundary line, consists of the middle of the main channel of the Colorado river, running southerly to the Sonora line.
"How it was possible for the first Legislature of this Territory to overlook her own acts, as to this matter, and the language of the Organic Act of New Mexico, so far as to recognize the
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HISTORY OF ARIZONA.
usurpation by the county of San Diego, as to cause it to memorialize Congress upon the sub- ject, is a matter of astonishment, to say the least of it.
"Mr. Meagher says 'Recently the Territory of Arizona has set up a claim,' etc.
"He is mistaken in his statement: we have always claimed this Territory and have ever maintained that there were no tenable reasons why San Diego should hold any authority over it. Let us see for what reasons or upon what grounds we base these claims.
"In the first place, in the year 1849, Cali- fornia, by the vote of her people ratified the Constitution of that State, in which the limits are plainly set forth. After fixing the north- ern line to where it intersects the 39th degree of north latitude, it says: Thence running in a straight line in a southerly direction to the river Colorado, at a point where it intersects the 35th degree of north latitude, thence down the middle of the channel of said river to the bound- ary line between Mexico and the United States, as established by the treaty of May 30th, 1848, thence west, etc., to the Pacific Ocean.
"Now, Sir, it would appear that the above- quoted language was sufficient to satisfy any un- prejudicial mind that California never claimed an inch of land east of the Colorado river, nor has she ever done so, until the last session of the Legislature of that State, which was induced by the wrong action of the Legislature of this Ter- ritory in memorializing Congress to give to us that which I shall convince any and all who will carefully examine the subject, was always ours.
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But before entering into a description of the peculiarities of the junction of the Gila and Colorado rivers, I deem it necessary to draw your attention to the provisions of the treaty of Guadalupe Hidalgo.
"In that treaty (article 5) after bounding the Southern Territory acquired thereby, until com- ing to the Gila river, it says :
" 'Thence down the middle of the Gila until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California to the Pacific Ocean.' But, says the treaty, in order to preclude all difficulty in tracing upon the limit separating Upper from Lower California, it is agreed that the said limits shall consist of a straight line down to the Rio Gila, where it unites with the Colorado to a point on the Pacific Ocean, etc.
"To those who are not conversant with the minute points of the geography of the junction of these two rivers, it is necessary to say that at the junction, and for miles around and above this junction, it is one immense mud flat, over which the Colorado river (at all times when high) overflows; and all the apparent circum- stances go to show, and those who were on the ground at the time of running the line by the Commissioners who fixed the line between the Republic of Mexico and the United States, by the treaty of Guadalupe Hidalgo, say that all of said flat country was inundated at that time.
"This accounts for fixing the initial point up the Rio Gila some hundreds of yards from its actual mouth, when both rivers are low, advan-
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HISTORY OF ARIZONA.
tage being taken of the high condition of the Colorado, in connection with the language of the treaty, which says :
" 'That the boundary line between Upper and Lower California shall consist of a straight line drawn from the middle of the Rio Gila, where the Colorado, etc.'
"The high condition of the Colorado at the time, owing to the flatness of the country, left the place of unity between the two streams very indefinite ; but a point was agreed upon between the Commissioners from which to start, for the purpose of dividing the two Californias. But there is no good reason to doubt but that the in- tention of the plenipotentiaries was at the time of making the treaty, to cross the Colorado river directly from the fact that the general course of the Colorado is north and south, and this dividing line runs directly west; but owing to a short bend from south to west, this line start- ing from the agreed initial point, did not cross the Colorado until the Commissioners had run six and a half miles, cutting off a strip of land between the line and the river on the west vary- ing from a few hundred yards to three-quarters of a mile in width.
"It must be kept in view, however, that this line was to be run for the express purpose of dividing Upper from Lower California.
"Now that it is understood that this line was for the sole purpose of dividing the Californias, will any one claim that it divided any part of the Californias before it crossed the Rio Colorado ?
"If either of these States ever claimed an inch of territory east of the Colorado river,
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THE FIFTH LEGISLATURE.
then it were possible, but as neither of them ever made any such claim, then it is simply ridiculous to suppose that this line divided them before reaching their territory ; the initial point notwithstanding, which was so fixed by the Com- missioners for the reasons before given. And when running this line, where they struck the bank of the Gila on the south or western side, from the middle of the mouth thereof, they came to the bank some four hundred yards from the Colorado river, and run six and one half miles before coming to the Colorado river. But bearing in mind that California in her Consti- tution claims the middle of the Colorado as her boundary, as between her and any other Terri- tory of the United States, and this Constitution was accepted by Congress, and California was admitted as a State, September 9th, 1850.
"The Organic Act creating the Territory of New Mexico by Congress was approved on the same day, and in giving the boundary limits of said Territory, in this act they commenced the boundary in the Colorado river, where the boundary line with the Republic of Mexico crosses the same; thence easterly with the said boundary line to the Rio Grande, with the meanderings east, north and then west, until it intersects the line of California at the north- west corner of Pah-Ute County ; thence back on the California line down the Colorado river to the place of beginning. I ask, is this conclu- sive ?
"California has never claimed this disputed territory until the action of her last Legislature. And Congress, right at the time of the admis-
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HISTORY OF ARIZONA.
sion of California as a State, did include this strip within the limits of the Territory of New Mexico, and has since created all the Territory west of a certain line, the Territory of Arizona, which had been included with the former limits of New Mexico.
"In the name of common sense and good rea- son, if this strip of land belonged to California, why did not California protest, or why has she not long before this made complaint? Or, if we admit for a moment that it did belong to her, why did Congress commence the boundary of New Mexico by starting six and a half miles off the edge or border of the Territory to be pre- scribed by said boundary, and follow thence easterly, northerly, and westerly to the Cali- fornia line, at the northwest corner of Pah-Ute County; and thence following said California lines back and down the Colorado river to place of beginning? What was the object in com- mencing six or seven miles down the Colorado river and running to the Gila by the line form- erly established by the Commissioners, and then afterwards, when they got back to the mouth of the Gila river, why did they run down the river to the place of beginning ?
"Did the territory included within these lim- its below the Gila belong to California ? Sir, it is presumption to contend for any such thing. Now, Mr. President, all of the foregoing may be summed up in these few questions :
"Has California ever claimed this strip of land before her last session? She has never before claimed it.
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"Do her constitutional bounds claim it? That instrument does not claim any territory west of the Colorado river, nor ever has, nor did either of the old Californias under Mexican rule claim any such thing.
"But Congress did claim and include it within the bounds of the Territory of New Mexico in her Organic Act. And, last, though not least, Arizona did claim it from her first organization. But from want of a proper understanding in the first two Legislatures she did commit the grave mistake in memorializing Congress to give her territory already belonging to her by nature, by the Organic Act, and the law of this Territory and the laws of Congress."
The foregoing seems to have been conclusive as to that controversy as there was no subse- quent action taken in reference thereto by California or by Congress.
The Governor submitted the following to the Legislature :
"TERRITORY OF ARIZONA, "Office of the Governor.
"Tucson, December 12, 1868.
"Hon. John T. Alsap, President of the Council :
"Sir: The following appointments have been made by me since the adjournment of the last legislature, and are respectfully submitted to the Council for confirmation :
"December 31st, 1867, John B. Allen, Terri- torial Treasurer.
"July 1st, 1868, Charles H. Lord, Territorial Auditor, vice James Grant, resigned.
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HISTORY OF ARIZONA.
"July 20th, 1868, John S. Thayer, as Probate Judge, vice Sidney R. DeLong, resigned.
"September 7th, 1868, James H. Toole, Ad- jutant-General.
"(Signed) RICHARD C. McCORMICK."
The Territorial Auditor made the following report :
"Tucson, October 20th, 1868.
"Hon. R. C. McCormick, Governor of the Ter- ritory of Arizona.
"In accordance with the provisions of sec- tion 10 of the Act approved October 5th, 1867, I herewith furnish you a full exhibit of the claims audited and warrants issued by me from the time of my appointment, July 1st, 1868, to this date.
"I am, with respect, your obedient servant. "CHARLES H. LORD, "Territorial Auditor."
LIST OF CLAIMS AUDITED AND WAR- RANTS ISSUED, 1868.
July 1st, 1868.
Claim No. 116-Lord & Williams, for cost and charges on bond books for Territory, under act of October 5th, 1867. Warrant No. 140. $ 75.00
Claim No. 117-Lord & Williams, for interest on bonds, gold or equiva- lent; Act of October 5th, 1867. Warrant No. 141 475.00
Claim No. 118-Lord & Williams, for interest on bonds, Act October 5th,
1867. Warrant No. 142. 475.00
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THE FIFTH LEGISLATURE.
Claim No. 119-Lord & Williams, for interest on bonds, Act of October 5th, 1867, gold or equivalent. Warrant No. 143. July 3rd, 1868.
275.00
Claim No. 120-G. H. Oury, for, six months' salary as Attorney Gen- eral; Act October 5th, 1867. War- rant No. 145 30.00
July 24th, 1868.
Claim No. 121-J. B. Allen, for three months' salary as Territorial Treas- urer; under Act October 5th, 1867. Warrant No. 145 October 19th, 1868.
162.50
Claim No. 122-P. R. Brady, Sheriff of Pima County, for care of Terri- torial prisoners; Act of October 5th, 1867. Warrant No. 146 ..... 192.00."
The Territorial Treasurer made the follow- ing report :
"TERRITORY OF ARIZONA, "Office of the Treasurer. "Tucson, November 1, 1868. "To the Honorable the Fifth Legislative As- sembly :
"In compliance with the requirements of sec- tion 10, of 'An Act concerning Territorial In- debtedness,' approved October 5th, 1867, I have the honor to submit herewith a report of the transactions of the office from the 15th of Jan- uary, 1868, at which time I assumed its duties, to this date, accompanied by statements rela-
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HISTORY OF ARIZONA.
tive to the financial condition of the Territory, more particularly detailed by statement 'A'; showing in tabular form an account of all Bonds issued by the Treasurer since the organization of the Territory.
"Statement 'B' giving a detail of all war- rants outstanding, with interest thereon, com- puted November 1st, 1868.
"Statement 'C,' an exhibit of all receipts and disbursements.
"Statement 'D,' recapitulating the above, and showing the entire indebtedness in currency, up to November 1st, 1868.
"I regret to say that no report, either monthly or quarterly has been received at this office from the Treasurer of Pah-Ute County since my assuming the office; from the Treas- urer of Mohave County since July last ; from the Treasurer of Yuma County since August 8th; and from the Treasurer of Yavapai County since July 6th.
"I do not know, nor have I had any means of ascertaining, what amount of taxes has been levied and collected in the above mentioned counties during the present year for Territorial purposes.
"The report of the proceedings of the Board of Supervisors of Yavapai County, as published in Miner, states that twenty-five cents on the one hundred dollars was levied for Territorial pur- poses, although the law requires that fifty cents on the one hundred dollars should be levied.
"It will be too apparent to you, from a con- sideration of this statement, that a careful re- vision of the revenue laws is necessary.
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THE FIFTH LEGISLATURE.
"Although the people have cheerfully con- tributed of their hard earnings a sufficient amount to meet all the obligations of the Terri- tory, yet through the delinquency of a few county officers, who were sworn to perform, and are paid to do their duty, we are compelled to declare officially that Arizona has failed to make good her promises to pay.
"ESCHEATED ESTATES.
"During the last five years many of our bold pioneers have fallen by the hand of the dread Apache, and some by disease, who have left large estates to the Territory, and yet not a dollar has reached the Treasury from this source, al- though some estates have been in the hands of administrators for years. It is due to the mem- ory of those worthy men that the proceeds of their estates be applied toward establishing public schools, so that their labor may find some reward.
"In this connection I would respectfully recommend the passage of a special act in re- spect to escheated estates now in the hands of the several administrators, the effect of which will be to place within one year, into the Treas- ury, the proceeds of all escheated estates.
"I would furthermore respectfully recom- mend that the County Treasurers be made ex officio Public Administrators of their respective counties, and be required to make quarterly re- turns to the Territorial Treasurer, the same as in other matters.
"The proceeds of escheated estates once in the Treasury, the Legislature could make such dis- position thereof as they deem proper.
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HISTORY OF ARIZONA.
"The act approved October 5th, 1868, entitled 'An Act concerning Territorial Indebtedness,' contemplated the funding of the Bonds and Warrants therein specified.
"No bonds have been issued under the provi- sions of that Act. A question involving the legality of the act having arisen, and being now pending before the Courts, parties holding those Bonds and Warrants prefer retaining them, and the Treasurer is barred from paying them principal or interest. The repeal of sections 1, 2, 3, 4, 7 and 9 of said act is necessary.
"It may be of interest for you to know that the amount of internal revenue assessed in Pima County from January 1st to October 30th, 1868, is $7,791, and the amount collected up to Novem- ber 1st, 1868, $6,050.
"No statement has been received from the Collectors in other counties.
"All of which is respectfully submitted.
"JOHN B. ALLEN, "Territorial Treasurer."
The statement "D," referred to in the Treas- urer's Report, showed that from the 1st day of June, 1868, to and including the 31st day of Oc- tober, 1868, the Treasurer had received from all sources, the sum of $8,479.86, and that dur- ing the same period he had disbursed the sum of $5,611.80, leaving cash in the Treasury, $2,868.06. At the date last mentioned the Ter- ritory had a total outstanding indebtedness of $62,961.05, evidenced by bonds and warrants.
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THE FIFTH LEGISLATURE.
CHAPTER III. THE FIFTH LEGISLATURE (Continued).
ACTS PASSED BY - DANCING LICENSED - ACT TO
ESTABLISH PUBLIC SCHOOLS-TEXT OF-ACT LOCATING TERRITORIAL PRISON AT OR NEAR PHOENIX.
The first act of any importance was an act to license dance houses, which read as follows :
"Section 1. It shall be lawful, and the col- lectors of licenses of the several counties of this Territory are hereby authorized and directed to collect a license tax of not more than twenty nor less than five dollars, of any and all persons who shall keep a dance house within the limits of any town or village in this Territory, which license shall be collected for each night of danc- ing.
"Sec. 2. All moneys collected under the provisions of this act shall be appropriated by the Supervisors of the respective counties, to grading and repairing of the streets of the town or village in which such license shall be collected.
"Sec. 3. This act shall be governed by the license laws of this Territory in all respects, except the manner of the appropriations of the moneys."
At that time there was no mining camp, vil- lage or town in the Territory that was not en- livened after dark with the music of the dance, where the belles of the lower world held high carnival and the boys spent their time and money between dances on drinks.
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HISTORY OF ARIZONA.
An act concerning public highways and streets in towns having a population exceeding five hundred, provided for a street superintendent to be appointed by the Board of Supervisors, at such compensation as they might deem advisable to see that all the streets were properly laid out and graded. Under this act the street superin- tendent was empowered to compel any owner of any lot or lots to grade the same, or the streets in front thereof as he saw fit, and in case any owner should fail or refuse to comply with the provisions of the act in this respect, the street superintendent was empowered to bring suit before a justice of the peace of the county in which the said town was located, and upon con- viction of such person or persons, he or they should be fined not less than ten nor more than a hundred dollars for each and every violation of the act. All fines collected were to be paid into the county treasury and all such moneys were to be applied by the Board of Supervisors to the purpose of repairing the streets or high- ways of the towns in which such fines were col- lected. Provision was made also for the re- demption of the bonds of the Territory issued under an act approved November 9th, 1864, entitled "An Act to provide for the contingent expenses of the Territorial Government," and also for the payment of Territorial Warrants; also an act creating the office of Attorney- General of the Territory, defining his duties, and fixing his salary at $400 per annum.
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