Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona/Resolutions
Resolutions.
Joint Resolution
Providing Payment for Enrolling Bills.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That the several persons employed in enrolling bills in the Council and House of Representatives, shall receive for their services at the rate of twenty-five cents per folio of one hundred words.
2. That the President of the Council and the Speaker of the House be and they are hereby required to audit and allow the accounts of the several persons employed in enrolling bills, according to the rates above specified, and that they shall certify the same to the Secretary of the Territory, who shall pay the same and take their receipts therefor.
3. That the sum of one thousand dollars is hereby appropriated out of any fund belonging to this Territory, which is not otherwise appropriated, for the above object.
Approved October 24, 1864.
Joint Resolution
To Purchase Books for the Territorial Library.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That the books, maps, charts, and pamphlets, purchased by Honorable Richard C. McCormick, Secretary of the Territory, for the use of the Territorial Library, are hereby purchased and received as a part of the said library, at the prices and charges specified in his bills certified by him to the committee on public buildings, grounds, and Territorial library.
2. That the remainder of the congressional appropriation be expended for additional standard works, including the proportion of law books required by law, under the direction of the Territorial librarian, unless otherwise ordered by the Congress of the United States.
Approved November 3 1864.
Joint Resolution
Instructions to the Honorable Charles D. Poston, concerning Arms and Mail Routes with Postal Service.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That the Hon. 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 ammunition, sufficient for the purpose of arming and equipping a battalion of Arizona rangers, for active service against the Apaches and other hostile 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. From Tubac, via Cerro Colorado, Fresnal, and Bababi, 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 Angeles, in coaches. 8th. 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. 12. From Albuquerque, New Mexico, to Prescott, in coaches.
3. That a copy of these instructions be forwarded immediately to the Honorable Charles D. Poston, by the Secretary of the Territory.
Approved November 7, 1864.
Joint Resolution.
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.
Whereas, The settlements of Santa Clara and Saint George, on the Rio Virgen, contain a population of some five hundred inhabitants, and are now claimed and submit to the jurisdiction of the Territory of Utah; and, whereas, it is believed that said settlements are south of the 37th degree of north latitude, and within the Territory of Arizona; and, whereas the rapid settlement of this Territory, along and near its boundary lines, in connection with the known rich mineral and agricultural wealth, make the question of civil jurisdiction one of delicacy and vexation, only to be obviated by speedily locating and marking permanently such boundaries; therefore,
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That the Honorable Charles D. Poston, our delegate in Congress, be and is hereby respectfully requested to urge the Congress of the United States to appoint Commissioners to survey and fix the boundary lines between Nevada, Utah, and Colorado Territories, and the Territory of Arizona.
2. That a copy of these resolutions be forwarded by the Governor to the Honorable Charles D. Poston, our delegate in Congress.
Approved November 7, 1864.
Joint Resolution
Relative to the Territorial Arms and Ammunition.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
That his Excellency, John N. Goodwin, Governor of the Territory, be requested to take immediate steps to procure the one hundred and twenty stand of arms, with their equipments, and eighteen thousand rounds of ball and buck cartridges belonging to this Territory, and which are not now in his possession; and if they cannot be procured in kind, then their equivalent in value.
Approved November 7, 1864.
Joint Resolution
Authorizing the Governor to sell the Territorial Arms.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That his Excellency, John N. Goodwin, Governor of the Territory, is hereby authorized and directed to sell, in such market as he may deem best, all the ordnance and ordnance stores pertaining to this Territory, the same being of the old pattern and inferior quality, and totally unfit for the arming of the militia forces of this Territory.
2. All moneys derived from the sale of the ordnance mentioned in the preceding section, shall be expended, under the direction of the Governor, in the purchase of the latest improved arms, with ammunition for the same, and expenses attending the transportation of the same to this Territory.
3. All ordnance and ordnance stores now pertaining to this Territory, and which may hereafter come into possession thereof, either by purchase or from any other source, shall be under the control and direction of the Governor of the Territory, except as otherwise provided by law.
Approved November 7, 1864.
Joint Resolution
Providing Additional Compensation for the Secretary of the Council, Clerk of the House of Representatives, and their Assistants.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That, in addition to the compensation appropriated by the Congress of the United States, there is hereby allowed to the Secretary of the Council and the Clerk of the House of Representatives, the sum of five dollars per day each; and to the Assistant-Secretary of the Council, and the Assistant-Clerk of the House of Representatives, the sum of two dollars per day each; and to the Sergeant-at-Arms and Door-keeper of the Council, the Sergeant-at-arms and Door-keeper of the House, the sum of two dollars per day each; and to the Watchman of the Council, and Watchman of the House, the sum of one dollar per day each.
2. That the Board of Territorial Auditors are hereby authorized to audit and allow the account of each of the above-named officers, certified by the presiding officer of each House respectively, which amount shall, when so audited, be paid by the Treasurer of the Territory out of any funds not otherwise appropriated.
Approved November 9, 1864.
Joint Resolution
Appointing a Translator and Interpreter, who shall act as a Commissioner to publish the Laws required to be published in the Spanish language.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That the Honorable W. Claude Jones be and he is hereby appointed Translator and Interpreter of the Legislative Assembly, under the provisions of the Act of Congress, approved March 3d, 1853, and his appointment to take effect from the 29th of September last.
2. That said translator and interpreter is also hereby authorized to act as commissioner to make a compendium of such portion of the laws of the Territory as are required to be translated into the Spanish language, and to translate and superintend the printing of the same.
Approved November 9, 1864.
Joint Resolution
To give effect to Chapter Twenty-three of the Code, entitled “Of Education.”
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
That the last section of the House Bill, number seven, chapter twenty-three of the Code, entitled “Of Education,” be amended, so as to read, “This act shall take effect and be in force from and after its passage.”
Approved November 9, 1864.
Joint Resolution
Providing for Printing the Lectures of the Honorable W. Claude Jones, on the Resources of Arizona.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
1. That (200) two hundred copies of the lectures delivered by the Honorable W. Claude Jones, Speaker of the House, in compliance with a concurrent resolution of the Legislative Assembly, on the Resources of Arizona, be printed, with a map illustrative thereof, under his superintendence, and that the expenses of the same be audited by the board of Territorial auditors, and paid out of any money belonging to the Territory, not otherwise appropriated.
2. That said lectures, when printed, shall be deposited with the Territorial librarian, who shall furnish a copy of the same to the Governor, Secretary of State, Treasurer, Judges of the Supreme Court, Attorney-General, members of the Council and House of Representatives, and one to each of the probate judges and recorders of the several counties.
Approved November 9, 1864.
Joint Resolution
Empowering the Governor of the Territory to make Necessary Corrections in the Phraseology and Wording of the Code of Laws.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
That his Excellency, the Governor of the Territory, be requested, and is hereby empowered, to make such corrections in the phraseology and wording of the several chapters of the Code of laws as may be necessary to produce harmony of language in the same; Provided, that no alterations shall affect the intent or substance of the law.
Approved November 9, 1864.
Joint Resolution
Relative to Publishing a Compendium of the Laws of the Territory in Spanish.
Be it resolved by the Legislative Assembly of the Territory of Arizona:—
That the translator and interpreter, acting as a commissioner, appointed by resolution of the present session of the Legislative Assembly, shall make a compendium, and translate into the Spanish language, at the earliest practicable period, the following laws and parts of laws and the Secretary of the Territory shall cause to be printed not less than one hundred (100) copies of the same:
1. All that part of the Code of civil practice which relates to the powers and jurisdiction of the courts, and the method of procedure in civil actions, and all that part of said civil practice relative to the powers and duties of justices of the peace.
2. A general compendium of the election law, including the qualification of voters, the appointment of officers, the mode of conducting elections, making returns, and contesting elections.
3. That portion of the criminal law defining crimes and their punishments, with a brief compendium of the mode of procedure in criminal causes.
4, The chapter relative to acequias, or irrigating canals, entire.
5. That portion of the mining laws relative to the location and registry of mines, and the jurisdiction of courts in mining cases.
6. The chapter on gaming.
7. The chapter relative to license tax.
8. That portion of the general taxation law relative to the assessment and collection of the revenue.
9. That portion of the Code relative to the probate courts, defining their jurisdiction and mode of procedure therein.
10. The act relative to grants of lands and registry of titles.
Approved November 10, 1864.
Concurrent Resolution
Tendering Thanks to the Honorable Charles D. Poston, Superintendant of Indian Affairs.
Whereas, Arduous and difficult duties have been performed in an efficient and able manner by the Honorable Charles D. Poston, as Superintendent of Indian Affairs; and
Whereas, The Legislative Assembly has no more efficient and practicable mode of expressing the sense of obligation felt toward him for the same; therefore be it
Resolved by the House of Representatives, the Council concurring, That the thanks of the Legislative Assembly of the Territory of Arizona, are hereby tendered to the Honorable Charles D. Poston, for the honest, able, and efficient manner in which he has discharged the duties of United States Superintendent of Indian Affairs.
Concurrent Resolution
Tendering Thanks to Lieutenant-Colonel Nelson H. Davis, Inspector-General of the Department of New Mexico.
Resolved by the House of Representatives, the Council concurring, That the thanks of the people of Arizona are hereby presented, through this Legislative Assembly, to the brave, active, and persevering Lieutenant-Colonel Nelson H. Davis, Inspector-General of the Department of New Mexico, for his able, efficient, and valuable service while in Arizona, in the exploration of the country, and successful expeditions against the hostile Apaches.
2. That the Secretary of the Territory be requested to forward to Lieutenant-Colonel Davis a copy of these resolutions.
Concurrent Resolution
Tendering Thanks to His Excellency John N. Goodwin, Governor of the Territory.
Resolved by the Council, the House of Representatives concurring, That the thanks of this Legislative Assembly are due and are hereby tendered to His Excellency John N. Goodwin, Governor of the Territory, for the valuable service he has rendered the various committees of both Houses, in the preparation of the laws, for his uniform and generous courtesy to the members, and for his active interest in all that pertains to the prosperity of the Territory.
Concurrent Resolution
Tendering Thanks to the Honorable Richard C. McCormick, Secretary of the Territory.
Resolved by the Council, the House of Representatives concurring, That the thanks of this Legislative Assembly are due and are hereby tendered to the Honorable Richard C. McCormick, Secretary of the Territory, for the thoughtful and liberal manner in which (with an inadequate appropriation from the General Government, and under other obstacles), he has provided for the accommodation of the members, and for the courtesy and kindness he has shown them on all occasions.
Concurrent Resolution
Tendering Thanks to Lieutenant-Colonel King S. Woolsey and his Men.
Whereas, Since the settlement of this country, the people have suffered in the loss of the lives of some of our most respected citizens; also in loss of stock and other property, and from constant apprehension of attacks, owing to the frequent raids made by the hostile Indians; and
Whereas, Lieutenant-Colonel King S. Woolsey has, with great perseverance and personal sacrifice, raised and led against the Apaches, during the present year, three several expeditions, composed of citizen volunteers, who, like their commander, have spent their time and means, and up to this time have been entirely unrecompensed therefor; and
Whereas, These expeditions have been highly beneficial to the people, not only by taking the lives of numbers of Apaches, and destroying the property and crops in their country, but also by adding largely to the geographical, geological, and mineralogical knowledge of the country; therefore
Resolved by the Council, the House of Representatives concurring, That the thanks of the Legislative Assembly of the Territory of Arizona be, and are hereby presented to Lieutenant-Colonel King S. Woolsey, and all of those who, under his guidance, have endured with him so many hardships, and have contributed so much to the safety, knowledge, and general welfare of the people.
Concurrent Resolution
Tendering Thanks to Captain T. T. Tidball, Fifth Infantry, California Volunteers.
Whereas, The able and valuable services of Captain T. T. Tidball, of the Fifth Infantry, California Volunteers, in his various successful expeditions against the barbarous Apaches, merit the highest expression of our approbation, and as the only mode of expressing the obligations that the people of Arizona owe to him; therefore
Resolved, That the thanks of this Legislative Assembly be tendered to the brave and energetic Captain T. T. Tidball, and the officers and soldiers under his command, for his and their efficient and eminently successful campaigns against the hostile Apaches of Arizona.
Resolved, That the Secretary of the Territory be instructed to forward to Captain Tidball a copy of the above resolution.
Concurrent Resolution
Relative to Sylvester Mowry.
Whereas, On or about the 24th day of August last, Lieutenant Sylvester Mowry, claiming to be a resident of this Territory, and largely interested in the mines thereof, having returned thereto for the purpose of looking after his interests therein, was placed out of said Territory in pursuance of an order issued by General James H. Carleton, commanding the department of New Mexico, by the military forces under his command; therefore be it
Resolved by the Council, the House of Representatives concurring, That such action on the part of General Carleton was unnecessary, and that in our opinion the presence of said Mowry in this Territory was not dangerous to the peace thereof: that the courts of this Territory are competent judges of all violations of the laws of the United States, and of the Territory of Arizona, committed within their jurisdiction, and have all necessary power and authority to punish all violations thereof; and be it further
Resolved, That his Excellency, the Governor of the Territory, be requested to forward a copy of this resolution to General Carleton, with a request that he revoke said order, and in case of his refusal, that he then forward a copy of said resolution to the Secretary of War with a like request.
Concurrent Resolution
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.”
Resolved by the Council, the House of Representatives concurring, That the thanks of the people of this Territory are due and are hereby tendered by their representatives in the Legislative Assembly, to the Honorable William T. Howell, Associate Justice of the Supreme Court of this Territory, and assigned to the first judicial district, by reason of his anticipating the wants of the Territory, by preparing his excellent and able Code of laws therefor; and in respect to the author thereof they shall be known as “The Howell Code.”
Resolved, That his Excellency the Governor transmit to Judge Howell a copy of these resolutions.
Concurrent Resolution
Empowering the Governor of the Territory to change certain Bills.
Resolved by the Council, the House of Representatives concurring, That the Governor of this Territory be and is hereby authorized and empowered to change the following chapters of the Code in his hands, passed at the present session of the Legislature, so that they shall take effect and be in force from and after the 20th day of April next. Said bills are entitled as follows: Of Crimes and Punishments; Of Proceedings in Criminal Cases; Of Jails and Prisons, and Confinement Therein; Of the Title to real Property by Descent; Of the Distribution, Custody, and Application of Public Moneys; Of the Limitation of Actions; Of Fraudulent Conveyances and Contracts; Of Estates in Dower; Of Wills; Of Probate Courts; Of Marriages; Of Divorce; Of the Rights of Married Women; Of the Liability for causing Death by Wrongful Neglect or Default; Of Exemptions; Of Attorneys and Counsellors-at-law; Of Conveyances; Of Forcible Entry and Detainer; Of Corporations for Mining Purposes; Of Acequias or Irrigating Canals; Of the Support of Poor Persons and Orphan Children of Indians; Of Commissioners of Deeds in other States and Territories; Of Habeas Corpus; Of the Incorporation of Villages. The following shall be likewise added by the Governor to the last section of a chapter entitled Of Miscellaneous Provisions: Provided, nothing contained in this section shall be construed to repeal any laws heretofore in existence in this Territory, until the laws inconsistent therewith, passed at the present session of the Legislature, shall take effect and be in force, excepting, however, that all the provisions of this bill, and every part thereof, shall take effect and be in force from and after the twentieth day of April, 1865.