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Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona


Acts,


Resolutions and Memorials,


Adopted by the


First Legislative Assembly


of the


Territory of Arizona.



Session begun on the Twenty-sixth day of September, and ended on the Tenth day of November, 1864, at Prescott.



Prescott:
Office of the Arizona Miner,
Official Paper of the Territory.
1865.



Certificate.


Territory of Arizona,

Office of the Secretary.

I, Richard C. McCormick, Secretary of the Territory of Arizona, do hereby certify that the Acts, Resolutions, and Memorials, herein contained, are printed as passed by the first Legislative Assembly of the Territory, according to the enrolled copies upon file in my office.

Arizona Territory seal c1864 redesign.png

Witness my hand and the Seal of the Territory, given at Prescott, this first day of December, A. D. eighteen hundred and sixty-four.

Richard C. McCormick,

Secretary of the Territory.



The Organic Act.




An Act to provide a temporary government for the Territory of Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled: That all that part of the present Territory of New Mexico situate west of a line running due south from the point where the south-west corner of the Territory of Colorado joins the northern boundary of the Territory of New Mexico to the southern boundary line of said Territory of New Mexico, be, and the same is hereby, erected into a temporary government by the name of the Territory of Arizona: Provided, that nothing contained in the provisions of this act shall be construed to prohibit the Congress of the United States from dividing said Territory or changing its boundaries in such manner and at such time as it may deem proper: Provided, further, that said government shall be maintained and continued until such time as the people residing in said Territory shall, with the consent of Congress, form a State government, republican in form, as prescribed in the Constitution of the United States, and apply for and obtain admission into the Union as a State, on an equal footing with the original States.

Sec. 2. And be it further enacted, that the government hereby authorized shall consist of an executive, legislative, and judicial power. The executive power shall be vested in a governor. The legislative power shall consist of a council of nine members, and a house of representatives of eighteen. The judicial power shall be vested in a supreme court, to consist of three judges, and such inferior courts as the Legislative Council may by law prescribe; there shall also be a secretary, a marshal, a district-attorney, and a surveyor-general for said Territory, who, together with the governor and judges of the supreme court, shall be appointed by the President, by and with the advice and consent of the Senate, and the term of office for each, the manner of their appointment, and the powers, duties, and the compensation of the governor, legislative assembly, judges of the supreme court, secretary, marshal, district attorney, and surveyor-general aforesaid, with their clerks, draughtsman, deputies, and sergeant-at-arms, shall be such as are conferred upon the same officers by the act organizing the Territorial government of New Mexico, which subordinate officers shall be appointed in the same manner, and not exceed in number those created by said act; and acts amendatory thereto, together with all legislative enactments of the Territory of New Mexico not inconsistent with the provisions of this act, are hereby extended to and continued in force in the said Territory of Arizona, until repealed or amended by future legislation: Provided, that no salary shall be due or paid the officers created by this act until they have entered upon the duties of their respective offices within the said Territory.

Sec. 3. And be it further enacted, that there shall neither be slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted; and all acts and parts of acts, either of Congress or of the Territory of New Mexico, establishing, regulating, or in any way recognizing the relation of master and slave in said Territory, are hereby repealed.

Approved February 24, 1863.

Officers of the Territory.


Position. Name. Where From. Location.
Governor John N. Goodwin Maine Prescott.
Secretary Richard C. McCormick New York Prescott.
Chief-Justice William F. Turner Iowa Prescott.
Associate Justice William T. Howell Michigan Tucson.
Associate Justice Joseph P. Allyn Connecticut La Paz.
District-Attorney Almon Gage New York Prescott.
Surveyor-General Levi Bashford Wisconsin Tucson.
Marshal Milton B. Duffield California Tucson.
Supt. Indian Affairs Charles D. Poston Kentucky Tucson.



The First Legislative Assembly.

Council.

Name. Residence. Occupation. Age. Where Born.
Coles Bashford Tucson Lawyer 47 New York.
Francisco S. Leon Tucson Farmer 42 Arizona.
Mark Aldrich Tucson Merchant 62 New York.
Patrick H. Dunne Tucson Printer 40 Maine.
George W. Leihy La Paz Miner 47 New York.
José M. Redondo Arizona City Ranchero 40 Mexico.
King S. Woolsey Agua Frio Ranch Farmer 32 Alabama.
Robert W. Groom Groomdale Miner 40 Kentucky.
Henry A. Bigelow Weaver Miner 31 Massachusetts.


House of Representatives.

Name. Residence. Occupation. Age. Where Born.
W. Claude Jones Tucson Lawyer 46 Ohio.
John G. Capron Tucson Merchant 35 Ohio.
Daniel H. Stickney Cababi Miner 52 Massachusetts.
Gregory P. Harte Tucson Surveyor 24 Ohio.
Henry D. Jackson Tucson Wheelwright 40 New York.
Jesus M. Elias Tucson Ranchero 35 Arizona.
Nathan B. Appel Tubac Merchant 36 Germany.
Norman S. Higgins Cerro Colorado Mining Engineer 28 Ohio.
Gilbert W. Hopkins Maricopa Mine Mining Engineer 35 New York.
Luis G. Bouchet La Paz Carpenter 32 California.
George M. Holaday La Paz Hotel-Keeper 46 Indiana.
Thomas J. Bidwell Castle Dome Miner 31 Missouri.
Edward D. Tuttle Mohave City Miner 28 New York.
William Walter Mohave City Miner 28 Pennsylvania.
John M. Boggs Prescott Miner 32 Missouri.
Jackson McCrackin Lynx Creek Miner 36 South Carolina.
James Garvin Prescott Physician 33 Illinois.
James S. Giles Prescott Miner 28 Delaware.




Order of Acts.




Page
1. Authorizing the Appointment of a Commissioner to report a Code of Laws 19
2. For the Benefit of John G. Capron 19
3. Declaring Certain Routes as a County Road in the Territory of Arizona 20
4. For the benefit of Elliott Coues 20
5. Empowering the Governor to Appoint a Commissioner to Draft a Map of the Territory 20
6. To Incorporate the Arizona Central Road Company 21
7. Granting the Exclusive Right to Samuel Todd and his Associates and Successors, to maintain and keep a Ferry across the Colorado River at Mojave 24
8. Incorporating the Castle Dome Railroad Company 25
9. To Incorporate the Tucson, Poso Verde, and Libertad Road Company 27
10. To Incorporate the Santa Maria Wagon Road Company 30
11. To Incorporate the Mojave and Prescott Toll-Road Company 32
12. To Provide for Stay of Legal Proceedings on Foreign Indebtedness 35
13. Granting the Exclusive Right to William D. Bradshaw and his Associates to maintain and keep a Ferry across the Colorado River at La Paz 36
14. To Incorporate the Hualapai Mining, Smelting, and Assaying Company 37
15. To Authorize the Secretary of the Territory to appoint an Assistant 39
16. Concerning Grants and Deeds for Lands 39
17. To Authorize Probate Judges to appoint a Term of Court for Civil Business 40
18. To Incorporate the Arizona Historical Society 40
19. To Appropriate Money for the Aid of Public Schools 41
20. To Divorce Mary Catharine Mounce from the Bonds of Matrimony 42
21. Authorizing a Loan on the Faith and Credit of the Territory to Inaugurate and Pay the Expenses of a Campaign against the Apache Indians 42
22. Authorizing the Raising of Rangers 45
23. Relating to Interest 46
24. In Regard to County Recorders 46
25. Of Money of Account 47
26. Authorizing Certain Officers to exercise the Powers of Notaries Public 47
27. Concerning Possessory Rights in Public Lands 47
28. In Regard to Printing 48
29. Allowing Persons in the Military Service to Vote at Elections 48
30. Allowing Persons in the Military Service of the United States and of this Territory to hold Mining Claims 49
31. Creating a Seal for the Territory of Arizona 50
32. Relating to the Publication of Legal Notices 50
33. To Provide for the Payment of Certain Expenses incurred in the late Indian Campaign under Lieut.-Colonel King S. Woolsey 51
34. To Incorporate the Arizona Railway Company 51
35. Incorporating the Prescott, Walnut Grove, and Pima Road Company 53
36. To Provide for the Contingent Expenses of the Territorial Government 56
37. Amendatory to Chapter Fifty-Seven of the Code, entitled “Of Fees of Officers” 57
38. Declaring the Time when Chapter Fifty-Nine of the Code, entitled “Of the Prohibition of Gambling,” shall take effect 57
39. To Incorporate the Prescott and Fort Wingate Road Company 57
40. To Provide for the Civil Expenses of the Territorial Government 60




Order of Resolutions.

1. Providing Payment for Enrolling Bills 63
2. To Purchase Books for the Territorial Library 63
3. Instructions to the Honorable Charles D. Poston, concerning Arms and Mail Routes with Postal Service 64
4. Instructing the Honorable Charles D. Poston to urge the Congress of the United States to appoint Commissioners to Survey and Establish the Boundary Line between Nevada, Utah, and Colorado Territories and Arizona 64
5. Relative to the Territorial Arms and Ammunition 65
6. Authorizing the Governor to sell the Territorial Arms 65
7. Providing Additional Compensation for the Secretary of the Council, Clerk of the House of Representatives, and their Assistants 66
8. Appointing a Translator and Interpreter, who shall act as a Commissioner to publish the Laws required to be published in the Spanish language 66
9. To give effect to Chapter Twenty-three of the Code, entitled “Of Education” 66
10. Providing for Printing the Lectures of the Honorable W. Claude Jones, on the Resources of Arizona 67
11. Empowering the Governor of the Territory to make Necessary Corrections in the Phraseology and Wording of the Code of Laws 67
12. Relative to Publishing a Compendium of the Laws of the Territory in Spanish 67
13. Tendering Thanks to the Honorable Charles D. Poston, Superintendent of Indian Affairs 68
14. Tendering Thanks to Lieutenant-Colonel Nelson H. Davis, Inspector-General of the Department of New Mexico 68
15. Tendering Thanks to His Excellency John N. Goodwin, Governor of the Territory 69
16. Tendering Thanks to the Honorable Richard C. McCormick, Secretary of the Territory 69
17. Tendering Thanks to Lieutenant-Colonel King S. Woolsey and his Men 69
18. Tendering Thanks to Captain T. T. Tidball, Fifth Infantry, California Volunteers 70
19. Relative to Sylvester Mowry 70
20. Tendering Thanks to the Honorable William T. Howell, Associate Justice of the Supreme Court, and Commissioner to Report a Code of Laws; also Providing that said Code shall, in respect to the Author thereof be known as “The Howell Code” 71
21. Empowering the Governor of the Territory to change certain Bills 71




Order of Memorials.


1. Asking that the Tract of Land in the Bend of the Colorado River opposite Fort Yuma be attached to the Territory of Arizona 75
2. Asking an Increase per diem for Members of the Legislative Assembly, and an Increase of the Salaries of the Territorial Officers 76
3. Asking an Appropriation of One Hundred and Fifty Thousand Dollars for placing Indians of the Colorado on a Reservation 77
4. Asking an Appropriation of Two Hundred and Fifty Thousand Dollars in aid of the War against the Apaches 78
5. Asking an Appropriation of One Hundred and Fifty Thousand Dollars for the Improvement of the Navigation of the Colorado River 79


This work was published before January 1, 1924, and is in the public domain worldwide because the author died at least 100 years ago.