4th Arizona Territorial Legislature
Encyclopedia
The 4th Arizona Territorial Legislative Assembly was a session of the Arizona Territorial Legislature
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 ran from September 4, 1867, till October 7, 1867, 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....

. Among the sessions accomplishments were establishment of the territory's first "permanent" capital and creation of the territory's first school district.

Background

At the time of the session, Arizona Territory was still in the early stages of its development. Transportation was limited but showing signs of improvement. The prior year saw the incorporation of the Atlantic and Pacific Railroad
Atlantic and Pacific Railroad
The Atlantic and Pacific Railroad was a U.S. railroad that owned or operated two disjoint segments, one connecting St. Louis, Missouri with Tulsa, Oklahoma, and the other connecting Albuquerque, New Mexico with Southern California. It was incorporated by the U.S. Congress in 1866 as a...

 with plans to build tracks along a route near the 35th parallel north
35th parallel north
The 35th parallel north is a circle of latitude that is 35 degrees north of the Earth's equatorial plane. It crosses Africa, the Mediterranean Sea, Asia, the Pacific Ocean, North America and the Atlantic Ocean....

. The route would however not be completed across the territory until 1883. To house lawbreakers, a jail was in the process of construction in Yavapai county.

The Indian Wars continued, with the Hualapai
Hualapai
The Hualapai or Walapai are a tribe of Native Americans who live in the mountains of northwestern Arizona, United States. The name is derived from "hwa:l," the Hualapai word for ponderosa pine, "Hualapai" meaning "people of the ponderosa pine"...

, Paiute
Paiute
Paiute refers to three closely related groups of Native Americans — the Northern Paiute of California, Idaho, Nevada and Oregon; the Owens Valley Paiute of California and Nevada; and the Southern Paiute of Arizona, southeastern California and Nevada, and Utah.-Origin of name:The origin of...

, and a portion of the Yavapai
Yavapai people
Yavapai are an indigenous people in Arizona. Historically, the Yavapai were divided into four geographical bands that considered themselves separate peoples: the Tolkapaya, or Western Yavapai, the Yavapé, or Northwestern Yavapai, the Kwevkapaya, or Southeastern Yavapai, and Wipukpa, or Northeastern...

 nations being on the warpath. In an attempt to placate the hostile natives, the U.S. Congress had funded the purchase of agricultural equipment for Indians that agreed to live peacefully. Beyond this, concern over most of Pah-Ute County
Pah-Ute County, Arizona
Pah-Ute County is a former county in the northwest corner of Arizona Territory that existed from 1865 until 1871. The majority of the county's territory is now in Clark County, Nevada, including the city of Las Vegas. Due to the transfer of most of the county's land to Nevada, Pah-Ute is known as...

's land area having been transferred to Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...

 continued.

Legislative session

The thirty-four day long session of the Fourth Legislative Assembly convened in Prescott on September 4, 1867.

Governor's address

Governor Richard C. McCormick gave his address to the session on September 9, 1867. His highest concern at the time was the continuation of the Indian Wars, noting "The birds of the air are scarcely more erratic in their movements than the Indians of Arizona." To meet this threat he asked for additional troops, claiming the current level of less than one soldier per 100 square miles (259 km²) insufficient for the need.
The governor also sought a reorganization of military forces in the territory from a large number of small, temporary forts to a smaller number of larger forts to free up more troops for deployment in the field. As for a long-term solution, McCormick favored the use of Indian reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...

 over a policy of extermination.

In other news, farming activities in 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:...

 valley had produced cotton
Cotton
Cotton is a soft, fluffy staple fiber that grows in a boll, or protective capsule, around the seeds of cotton plants of the genus Gossypium. The fiber is almost pure cellulose. The botanical purpose of cotton fiber is to aid in seed dispersal....

, tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...

, fruits, nuts, and a variety of grains. Territorial debt had grown to US$28,375 with the bonds authorized by the 1st Arizona Territorial Legislature
1st Arizona Territorial Legislature
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...

 coming due within a year. In the area of law enforcement, the territory was unable to fill the offices of U.S. Marshal and United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 due to the positions' low compensation.

Finally, McCormick asked for the United States to purchase additional land from Mexico in order to secure the sea ports at Guaymas
Guaymas
Guaymas is a city and municipality located in the southwest part of the state of Sonora in northwestern Mexico. The city is located 117 km south of the state capital of Hermosillo, and 242 miles from the U.S. border, and is the principal port for the state. The municipality is located in the...

 and Puerto Libertad
Puerto Libertad (Sonora)
Puerto Libertad is a town and port of the Mexican state of Sonora, Mexico located on the north coast of the Gulf of California, in the municipality of Pitiquito....

 for the territory.

Legislation

The session saw a new law prohibiting the indiscriminate discharge of a firearm on public roads. The act included provisions that also made it a crime to use a deadly weapon during a fight.

Dealing with the organization of the territorial government, the territory's first school district was created within 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:...

. More controversial was the selection of 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...

 as the territory's first "permanent" capital. Prescott residents were angered by the move and accused several members of the legislature of accepting bribes and Governor McCormick of selling his support for the bill in exchange for assistance in his election to become the Territorial Delegate to Congress. No evidence of actual wrongdoing was ever produced and the capital was officially moved on November 1, 1867. A proposal to create Maricopa County
Maricopa County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*73.0% White*5.0% Black*2.1% Native American*3.5% Asian*0.2% Native Hawaiian or Pacific Islander*3.5% Two or more races*12.7% Other races*29.6% Hispanic or Latino -2000:...

 was defeated in the House by a 8–6 vote.

In other matters, the session memorialized the U.S. Congress asking for the US$3 per diem
Per diem
Per diem refers to a specific amount of money that an organization allows an individual to spend per day, to cover living and traveling expenses in connection with work...

 each member of the legislature received be increase to US$6. The also requested the U.S. Army's District of Arizona
District of Arizona
District of Arizona was a subordinate district of the Department of New Mexico territory created on August 30, 1862 and transferred to the Department of the Pacific in March 1865.-District of Arizona Commanders:...

 be removed from the Department of the Pacific
Department of the Pacific
The Department of the Pacific was a major command of the United States Army during the 19th century.-Formation:The Department of the Pacific was first organized on October 31, 1853, at San Francisco, California, taking over from the previous Pacific Division. The department reported directly to...

 and granted its own department
Department (United States Army)
Department, is a term used, by the U.S. Army, mostly prior to World War I. In 1920, most of the departments were redesignated as corps areas. However, the Hawaiian, Panama Canal, and Philippine Departments retained their old names...

.

Members

House of Representatives
Name District Name District
John B. Allen Pima G. W. Hanford Yuma
Underwood C. Barnett Pima John Henion Yuma
Solomon W. Chambers Pima Francis M. Hodges Pima
Edward J. Cook Yavapai Charles W. Lewis Pima
Allen Cullumber Yavapai Nathaniel S. Lewis Mohave
Royal J. Cutler Pah-Ute Oliver Lindsey (Speaker) Yuma
John T. Dare Yavapai John H. Matthews Yavapai
Philip Drachman Pima Marvin M. Richardson Pima
John S. Giles Yavapai John A. Rush Yavapai
Council
Name District
Octavius D. Gass (President) Pah-Ute
Pah-Ute County, Arizona
Pah-Ute County is a former county in the northwest corner of Arizona Territory that existed from 1865 until 1871. The majority of the county's territory is now in Clark County, Nevada, including the city of Las Vegas. Due to the transfer of most of the county's land to Nevada, Pah-Ute is known as...

William H. Hardy Mohave
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...

Henry Jenkins Pima
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:...

Daniel S. Lount 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:...

Alexander McKey Yuma
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:...

Mortimer R. Platt Pima
John W. Simmons Yavapai
Lewis A Stevens Yavapai
Daniel H. Stickney Pima
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