Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona
Resolutions and Memorials,
Adopted by the
First Legislative Assembly
Territory of Arizona.
Session begun on the Twenty-sixth day of September, and ended on the Tenth day of November, 1864, at Prescott.
Office of the Arizona Miner,
Official Paper of the Territory.
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.
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.
|Governor||John N. Goodwin||Maine||Prescott.|
|Secretary||Richard C. McCormick||New York||“|
|Chief-Justice||William F. Turner||Iowa||“|
|Associate Justice||William T. Howell||Michigan||Tucson.|
|“ “||Joseph P. Allyn||Connecticut||La Paz.|
|District-Attorney||Almon Gage||New York||Prescott.|
|Marshal||Milton B. Duffield||California||“|
|Supt. Indian Affairs||Charles D. Poston||Kentucky||“|
The First Legislative Assembly.
|Coles Bashford||Tucson||Lawyer||47||New York.|
|Francisco S. Leon||“||Farmer||42||Arizona.|
|Mark Aldrich||“||Merchant||62||New York.|
|Patrick H. Dunne||“||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.
|W. Claude Jones||Tucson||Lawyer||46||Ohio.|
|John G. Capron||“||Merchant||35||“|
|Daniel H. Stickney||Cababi||Miner||52||Massachusetts.|
|Gregory P. Harte||Tucson||Surveyor||24||Ohio.|
|Henry D. Jackson||“||Wheelwright||40||New York.|
|Jesus M. Elias||“||Ranchero||35||Arizona.|
|Nathan B. Appel||Tubac||Merchant||36||Germany.|
|Norman S. Higgins||Cerro Colorado||Mining Engineer||28||Ohio.|
|Gilbert W. Hopkins||Maricopa Mine||“ “||35||New York.|
|Luis G. Bouchet||La Paz||Carpenter||32||California.|
|George M. Holaday||“||Hotel-Keeper||46||Indiana.|
|Thomas J. Bidwell||Castle Dome||Miner||31||Missouri.|
|Edward D. Tuttle||Mohave City||“||28||New York.|
|John M. Boggs||Prescott||“||32||Missouri.|
|Jackson McCrackin||Lynx Creek||“||36||South Carolina.|
|James S. Giles||“||Miner||28||Delaware.|
Order of Acts.
|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|