1st Arizona Territorial Legislature
Encyclopedia
The 1st Arizona Territorial Legislative Assembly was a session of the Arizona Territorial Legislature
which began on September 26, 1864, in Prescott, Arizona
, and ran for forty-three days. The session was responsible for enacting Arizona's first legal code
, creation of the territory's first four counties, and authorizing a volunteer militia to fight hostile Indians.
was created by the Arizona Organic Act
and officially established on December 29, 1863, in a ceremony performed at Navajo Springs, Arizona
. Following completion of an initial census, Governor John N. Goodwin proclaimed an election to select delegates to the first territorial legislature would occur on July 18, 1864. As no counties
had been established within Arizona Territory at the time of the election, the territory's three judicial districts
were instead used for allocation of delegates. The first district included all of Arizona east of the 114th meridian west
and south of the Gila River
, the second district was all of Arizona west of the 114th meridian, and the third district included all of Arizona east of the 114th meridian and north of the Gila.
, Coles Bashford
, was selected president of the Council while Tucson
attorney W. Claude Jones was selected speaker of the House. Two members of the legislature left during the session with Council member José M. Redondo resigning on October 10 on the grounds he was ineligible to hold the office and Representative Henry D. Jackson dying on October 16.
The session met in a recently constructed two-room log cabin
. The building was simply furnished with tables and chairs made from roughly hued boards. The chinking had not been completed, allowing the cold autumn air into the building, and an early winter storm forced the assembly to take shelter in the Governor's house. The assembly members themselves primarily wore frontier dress and many bore weapons used for protection from Indian attack during their journey to and from Prescott.
and that they would remain in force "until repealed or amended by future legislation". The Governor did not believe that New Mexico's laws were well suited for Arizona's needs and called for a commissioner to be appointed to draft a new legal code. Goodwin also called for the immediate repeal of acts allowing for peonage and imprisonment for debt.
Another key issue was dealing with hostile Indians within the territory. To address this need, Goodwin called for U.S. Army troops and the creation of a volunteer militia. Other issues covered were creation of mail routes and establishment of a public education system, including a public university under the provisions of the Morrill Land-Grant Colleges Act
.
and California
. After Goodwin was authorized to choose a commissioner, he chose Howell.
Debate over the proposed legal code consumed the majority of the session's efforts. After some modifications, the code was enacted and named the "Howell Code" after its principal architect. The Howell Code underwent a major revision, supervised by Bashford, in 1871 and was replaced in 1877 by the "Hoyt Code".
and the second a new community named Aztlan to be located at the juncture of the Salt
and Verde
rivers. Efforts to move the capital to both locations were defeated. Besides considering the location of the capital, the session created Arizona's first four counties. Mohave County
encompassed all of the territory north of the Bill Williams River
and west of latitude 113° 20' with its seat at Mohave City. Yuma County
encompassed the area south of the Bill Williams River and west of latitude 113° 20' with its seat at La Paz. Pima County
contained all territory south of the Gila River
and east of latitude 113° 20' with its seat at Tucson. The final county, Yavapai
, encompassed the area north of the Gila and east of latitude 113° 20' with Prescot serving as its seat.
To deal with hostile Indians, the session requested the U.S. Congress authorize US$250,000 to creation of a ranger force with an additional US$150,000 requested to create reservations along the Colorado River
for friendlier tribes. No funds came until 1867 when US$50,000 were authorized. In the meantime a group of Arizona Volunteers consisting of 350 men and 11 officers were organized into five companies
. The force provided an effective check against hostile Apaches till the arrival of U.S. Army troops following the American Civil War
.
To address educational needs, the legislature authorized a payment of US$250 for public education to any county seats provided the towns provided a matching amount. For Tucson, this amount was doubled to US$500 under the provision that English
lessons were added to the daily curriculum. Only two towns collected the funds, the mission school at San Xavier del Bac and a private school in Prescott. The need for roads was addressed by granting six franchises for construction of private roads. The franchisees were required to grade the right of way, build bridges, maintain wells along the route in exchange for the right to charge tolls of US$0.08/mile for wagons and US$0.025/mile for riders on horseback.
Finally the session granted two divorces. The first annulled the marriage of John G. Capron, a member of the territorial House of Representatives, and Sarah Rosser Capron on the grounds that he had been lured into the marriage "by fraudulent concealment of criminal facts". The second divorce was of Fort Whipple
's post surgeon, Elliot Coues, from his wife, Sarah A. Richardson Coues.
Arizona Territorial Legislature
The Arizona Territorial Legislature was the legislative body of Arizona Territory. It was a bicameral legislature consisting of a lower house, the House of Representatives, and an upper house, the Council. Created by the Arizona Organic Act, the legislature initially consisted of nine members in...
which began on September 26, 1864, in Prescott, Arizona
Prescott, Arizona
Prescott is a city in Yavapai County, Arizona, USA. It was designated "Arizona's Christmas City" by Arizona Governor Rose Mofford in the late 1980s....
, and ran for forty-three days. The session was responsible for enacting Arizona's first legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
, creation of the territory's first four counties, and authorizing a volunteer militia to fight hostile Indians.
Background
Arizona TerritoryArizona Territory
The Territory of Arizona was an organized incorporated territory of the United States that existed from February 24, 1863 until February 14, 1912, when it was admitted to the Union as the 48th state....
was created by the Arizona Organic Act
Arizona Organic Act
The Arizona Organic Act was a United States federal law introduced as H.R. 357 in the 2d session of the 37th Congress on March 12, 1862, by Rep. James M. Ashley of Ohio. The Act provided for the creation of the Arizona Territory by the division of the New Mexico Territory into two territories,...
and officially established on December 29, 1863, in a ceremony performed at Navajo Springs, Arizona
Navajo Springs, Arizona
Navajo Springs is a community located on the Navajo Nation, near Holbrook, Arizona. The community is almost exclusively Native American, and a permit is required from the Navajo Nation for off-road travel in that area. During the time of the Old West, this area was frequented by notable western...
. Following completion of an initial census, Governor John N. Goodwin proclaimed an election to select delegates to the first territorial legislature would occur on July 18, 1864. As no counties
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
had been established within Arizona Territory at the time of the election, the territory's three judicial districts
United States federal judicial district
For purposes of the federal judicial system, Congress has divided the United States into judicial districts. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico...
were instead used for allocation of delegates. The first district included all of Arizona east of the 114th meridian west
114th meridian west
The meridian 114° west of Greenwich is a line of longitude that extends from the North Pole across the Arctic Ocean, North America, the Pacific Ocean, the Southern Ocean, and Antarctica to the South Pole....
and south of the Gila River
Gila River
The Gila River is a tributary of the Colorado River, 650 miles long, in the southwestern states of New Mexico and Arizona.-Description:...
, the second district was all of Arizona west of the 114th meridian, and the third district included all of Arizona east of the 114th meridian and north of the Gila.
Legislative session
Session was opened by Territorial Secretary Richard C. McCormick on September 26, 1864. All the members of the legislature had not arrived on that date, so the legislature sent out for beverages and tobacco and adjourned to wait for the remaining members to arrive. The session resumed on September 29 will all members present. The territory's Attorney GeneralAttorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, Coles Bashford
Coles Bashford
Coles Bashford was an American lawyer and politician who became the fifth Governor of Wisconsin. His one term as governor ended in a bribery scandal that forced him to leave the state, but he was later instrumental in the government of the newly formed Arizona Territory.-Early life and...
, was selected president of the Council while Tucson
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
attorney W. Claude Jones was selected speaker of the House. Two members of the legislature left during the session with Council member José M. Redondo resigning on October 10 on the grounds he was ineligible to hold the office and Representative Henry D. Jackson dying on October 16.
The session met in a recently constructed two-room log cabin
Log cabin
A log cabin is a house built from logs. It is a fairly simple type of log house. A distinction should be drawn between the traditional meanings of "log cabin" and "log house." Historically most "Log cabins" were a simple one- or 1½-story structures, somewhat impermanent, and less finished or less...
. The building was simply furnished with tables and chairs made from roughly hued boards. The chinking had not been completed, allowing the cold autumn air into the building, and an early winter storm forced the assembly to take shelter in the Governor's house. The assembly members themselves primarily wore frontier dress and many bore weapons used for protection from Indian attack during their journey to and from Prescott.
Governor's address
Governor Goodwin gave his address to the assembly on September 30, 1864. In his speech, Goodwin reminded the legislature that under the Arizona Organic Act the new territory had inherited the laws of New Mexico TerritoryNew Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
and that they would remain in force "until repealed or amended by future legislation". The Governor did not believe that New Mexico's laws were well suited for Arizona's needs and called for a commissioner to be appointed to draft a new legal code. Goodwin also called for the immediate repeal of acts allowing for peonage and imprisonment for debt.
Another key issue was dealing with hostile Indians within the territory. To address this need, Goodwin called for U.S. Army troops and the creation of a volunteer militia. Other issues covered were creation of mail routes and establishment of a public education system, including a public university under the provisions of the Morrill Land-Grant Colleges Act
Morrill Land-Grant Colleges Act
The Morrill Land-Grant Acts are United States statutes that allowed for the creation of land-grant colleges, including the Morrill Act of 1862 and the Morrill Act of 1890 -Passage of original bill:...
.
Howell code
The legislature's first act was passed on October 1, 1864, and authorized the Governor to appoint a commissioner to study and propose a legal code for the new territory. Anticipating the need for a new legal code, Judge William T. Howell and Coles Bashford had begun researching a tentative code in April 1864. By the time the legislature met, a 400-page code has been written, based primarily upon the laws of New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
and California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. After Goodwin was authorized to choose a commissioner, he chose Howell.
Debate over the proposed legal code consumed the majority of the session's efforts. After some modifications, the code was enacted and named the "Howell Code" after its principal architect. The Howell Code underwent a major revision, supervised by Bashford, in 1871 and was replaced in 1877 by the "Hoyt Code".
Other legislation
In addition to establishing a new legal code, the session also performed several actions to administratively organize the new territory. While the Governor had chosen Prescott as the site of the capital, the legislature had the authority to move the capital. Two other locations were proposed, the first being La PazLa Paz, Arizona
La Paz was a short-lived, early gold mining town along the Colorado River in La Paz County on the western border of the U.S. state of Arizona. It was the location of the La Paz Incident in 1863, the westernmost confrontation of the American Civil War. The town was settled in 1862 in what was then...
and the second a new community named Aztlan to be located at the juncture of the Salt
Salt River (Arizona)
The Salt River is a stream in the U.S. state of Arizona. It is the largest tributary of the Gila River. The river is about long. Its drainage basin is about large. The longest of the Salt River's many tributaries is the Verde River...
and Verde
Verde River
The Verde River is the north and northwestern watershed of the Salt River–Verde River Watershed that co-join and enter the Gila River at Phoenix, Arizona, located in the U.S. state of Arizona...
rivers. Efforts to move the capital to both locations were defeated. Besides considering the location of the capital, the session created Arizona's first four counties. Mohave County
Mohave County, Arizona
Mohave County is located in the northwestern corner of the U.S. state of Arizona. As of the 2010 census, its population was 200,186, an increase of 45,154 people since the 2000 census count of 155,032. The county seat is Kingman...
encompassed all of the territory north of the Bill Williams River
Bill Williams River
The Bill Williams River is a river in western-central Arizona in Mohave County; the river proper is the northern border of La Paz County which it drains in the north, as well as areas of far western Yavapai County...
and west of latitude 113° 20' with its seat at Mohave City. Yuma County
Yuma County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*70.4% White*2.0% Black*1.6% Native American*1.2% Asian*0.2% Native Hawaiian or Pacific Islander*3.8% Two or more races*20.8% Other races*59.7% Hispanic or Latino -2000:...
encompassed the area south of the Bill Williams River and west of latitude 113° 20' with its seat at La Paz. Pima County
Pima County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*74.3% White*3.5% Black*3.3% Native American*2.6% Asian*0.2% Native Hawaiian or Pacific Islander*3.7% Two or more races*12.4% Other races*34.6% Hispanic or Latino -2000:...
contained all territory south of the Gila River
Gila River
The Gila River is a tributary of the Colorado River, 650 miles long, in the southwestern states of New Mexico and Arizona.-Description:...
and east of latitude 113° 20' with its seat at Tucson. The final county, Yavapai
Yavapai County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*89.3% White*0.6% Black*1.7% Native American*0.8% Asian*0.1% Native Hawaiian or Pacific Islander*2.5% Two or more races*5.0% Other races*13.6% Hispanic or Latino -2000:...
, encompassed the area north of the Gila and east of latitude 113° 20' with Prescot serving as its seat.
To deal with hostile Indians, the session requested the U.S. Congress authorize US$250,000 to creation of a ranger force with an additional US$150,000 requested to create reservations along the Colorado River
Colorado River
The Colorado River , is a river in the Southwestern United States and northwestern Mexico, approximately long, draining a part of the arid regions on the western slope of the Rocky Mountains. The watershed of the Colorado River covers in parts of seven U.S. states and two Mexican states...
for friendlier tribes. No funds came until 1867 when US$50,000 were authorized. In the meantime a group of Arizona Volunteers consisting of 350 men and 11 officers were organized into five companies
Company (military unit)
A company is a military unit, typically consisting of 80–225 soldiers and usually commanded by a Captain, Major or Commandant. Most companies are formed of three to five platoons although the exact number may vary by country, unit type, and structure...
. The force provided an effective check against hostile Apaches till the arrival of U.S. Army troops following the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
.
To address educational needs, the legislature authorized a payment of US$250 for public education to any county seats provided the towns provided a matching amount. For Tucson, this amount was doubled to US$500 under the provision that English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
lessons were added to the daily curriculum. Only two towns collected the funds, the mission school at San Xavier del Bac and a private school in Prescott. The need for roads was addressed by granting six franchises for construction of private roads. The franchisees were required to grade the right of way, build bridges, maintain wells along the route in exchange for the right to charge tolls of US$0.08/mile for wagons and US$0.025/mile for riders on horseback.
Finally the session granted two divorces. The first annulled the marriage of John G. Capron, a member of the territorial House of Representatives, and Sarah Rosser Capron on the grounds that he had been lured into the marriage "by fraudulent concealment of criminal facts". The second divorce was of Fort Whipple
Fort Whipple, Arizona
Fort Whipple was a U.S. Army post which served as Arizona Territory's capital prior to the founding of Prescott, Arizona. The post was founded by Edward Banker Willis in January 1864 in Chino Valley, Arizona, but was moved in May 1864 to Granite Creek near the present day location of Prescott. ...
's post surgeon, Elliot Coues, from his wife, Sarah A. Richardson Coues.
Members
| House of Representatives | ||||
|---|---|---|---|---|
| Name | District | Name | District | |
| Nathan B Appel | First | Norman S. Higgins | First | |
| Thomas J. Bidwell | Second | George M. Holaday | Second | |
| John M. Boggs | Third | Gilbert W. Hopkins | First | |
| Luis G. Bouchet | Second | Henry D. Jackson | First | |
| John C. Capron | First | W. Claude Jones (Speaker) | First | |
| Jesús M. Elias | First | Jackson McCraklin | Third | |
| James Garvin | Third | Daniel H. Stickney | First | |
| James S. Gilas | Third | Edward D. Tuttle | Second | |
| Gregory P. Harte | First | William Walter | Second |
| Council | |
|---|---|
| Name | District |
| Mark Aldrich | First |
| Coles Bashford Coles Bashford Coles Bashford was an American lawyer and politician who became the fifth Governor of Wisconsin. His one term as governor ended in a bribery scandal that forced him to leave the state, but he was later instrumental in the government of the newly formed Arizona Territory.-Early life and... (President) |
First |
| Henry A. Bigelow | Third |
| Patrick H Dunne | First |
| Robert W. Groom | Third |
| George W. Leihy | Second |
| Francisco S. León | First |
| José M. Redondo | Second |
| King Woolsey King Woolsey King S. Woolsey was an American pioneer rancher, Indian-fighter, prospector and politician in 19th century Arizona. Woolsey Peak and other features of Arizona geography have been named after him, but he has also been criticized by historians for brutality in his battles with Apache native... |
Third |