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

by the Government of the Territory of Arizona

Acts,

Resolutions and Memorials,

Adopted by the

First Legislative Assembly

of the

Territory of Arizona.

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

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

Certificate.

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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.

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.

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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.

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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.

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		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

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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

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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