2nd Arizona Territorial Legislature
Encyclopedia
The 2nd Arizona Territorial Legislative Assembly was a session of the Arizona Territorial Legislature
which began on December 6, 1865, in Prescott, Arizona
, and ran for 24 days. The sessions chief accomplishments were creation of Pah-Ute County
and establishing Arizona as a community property
jurisdiction.
was only two years old and still in the process of setting up basic government services. The American Civil War
was still in progress and military troops to deal with Apache
and other tribes hostile to white settlement was limited. Establishment of the Colorado River Indian Reservation
had however greatly reduced conflict with the Mohave
.
Mail service was a major concern in the territory. As Territorial Secretary Richard C. McCormick stated, "The hostile Indian is scarcely more inimical to the progress and prosperity of a new country than the mail contractor who by his faithlessness interrupts the business and social intercourse of the people, and deprives them of their only means of communication with the outer world." The previous year had seen the establishment of the territory's first mail route, connecting Prescott with Los Angeles, California
, Santa Fe, New Mexico Territory
, and Tubac
. To this route McCormick wished to see restoration of the old Butterfield route
along with a new route serving settlers along the Colorado River
.
The period since the previous legislative session
had also seen the territory's first regular elections held in September 1864. During the elections, Governor John N. Goodwin had defeated Charles D. Poston for Delegate to the U.S. House of Representatives. As a result, Secretary McCormick was left as Acting Governor.
s to hold law breakers and encouraging agriculture by settlers and "tame Indians" to provide food to the territory's population.
from the northern part of Mohave County
. Upon the recommendation of Acting Governor McCormick, the county was created to serve the needs of a rapidly growing population of farmers along the Colorado River
. The county seat was initially located in Callville but later moved to the town of St. Thomas. On May 5, 1866, the United States Congress
gave most of the new county's territory to the State of Nevada
.
Two changes to marriage laws made. First established Arizona as a community property
jurisdiction. The second prohibited marriage of a white
person to an Indian
, Mongoloid
, Mulatto
, or Negro. This anti-miscegenation law remained on the books for nearly 100 years before being eliminated in the midst of a court case involving a person of Japanese descent
marrying a white person.
Other legislation passed included two new taxes. The first an ad valorem tax
of US$0.25 per $100 of assessed value passed, the second a poll tax
of $3.00 for everyone except Indians, Mongoloids, and Negros. Three member Board of Supervisors were authorized to oversee affairs in each county. Finally, December 4, 1865, was set for the opening date of the first session of the territorial supreme court.
In addition to the legislation, a concurrent resolution
expressing sorrow over the death of Abraham Lincoln
was passed.
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 December 6, 1865, 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 24 days. The sessions chief accomplishments were creation 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...
and establishing Arizona as a community property
Community property
Community property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions...
jurisdiction.
Background
At the time the 2nd legislature met, 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 only two years old and still in the process of setting up basic government services. 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...
was still in progress and military troops to deal with Apache
Apache
Apache is the collective term for several culturally related groups of Native Americans in the United States originally from the Southwest United States. These indigenous peoples of North America speak a Southern Athabaskan language, which is related linguistically to the languages of Athabaskan...
and other tribes hostile to white settlement was limited. Establishment of the Colorado River Indian Reservation
Colorado River Indian Reservation
The Colorado River Indian Reservation is 189 miles west of Phoenix, Arizona, on highway 95. It lies in western La Paz County, Arizona, southeastern San Bernardino County, California, and northeastern Riverside County, California. It has a total land area of 432.22 sq mi , and most of it lies...
had however greatly reduced conflict with the Mohave
Mohave
Mohave or Mojave are a Native American people indigenous to the Colorado River in the Mojave Desert. The Fort Mojave Indian Reservation includes parts of California, Arizona, and Nevada...
.
Mail service was a major concern in the territory. As Territorial Secretary Richard C. McCormick stated, "The hostile Indian is scarcely more inimical to the progress and prosperity of a new country than the mail contractor who by his faithlessness interrupts the business and social intercourse of the people, and deprives them of their only means of communication with the outer world." The previous year had seen the establishment of the territory's first mail route, connecting Prescott with Los Angeles, California
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
, Santa Fe, New Mexico Territory
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
, and Tubac
Tubac, Arizona
Tubac is a census-designated place in Santa Cruz County, Arizona, United States. The population was 949 at the 2000 census. The place name Tubac is an English borrowing from a Hispanicized form of the O'odham name, which translates into English as "rotten". The original O'odham name is written...
. To this route McCormick wished to see restoration of the old Butterfield route
Butterfield Overland Mail
The Butterfield Overland Mail Trail was a stagecoach route in the United States, operating from 1857 to 1861. It was a conduit for the U.S. mail from two eastern termini, Memphis, Tennessee and St. Louis, Missouri, meeting Fort Smith, Arkansas, and continuing through Indian Territory, New Mexico,...
along with a new route serving settlers 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...
.
The period since the previous legislative session
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...
had also seen the territory's first regular elections held in September 1864. During the elections, Governor John N. Goodwin had defeated Charles D. Poston for Delegate to the U.S. House of Representatives. As a result, Secretary McCormick was left as Acting Governor.
Legislative session
The twenty-four day long session of the Second Legislative Assembly convened in Prescott on December 6, 1865.Governor's address
The Governor's address was given by Acting Governor Richard C. McCormick on December 11, 1865. During the address he called for general legislation, as opposed to special enactments, to clear up legal problems dealing with mine ownership with in the territory. Other issues involved creation of jailJail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
s to hold law breakers and encouraging agriculture by settlers and "tame Indians" to provide food to the territory's population.
Legislation
The first act of the session was the creation of Pah-Ute CountyPah-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...
from the northern part of 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...
. Upon the recommendation of Acting Governor McCormick, the county was created to serve the needs of a rapidly growing population of farmers 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...
. The county seat was initially located in Callville but later moved to the town of St. Thomas. On May 5, 1866, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
gave most of the new county's territory to the State of 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...
.
Two changes to marriage laws made. First established Arizona as a community property
Community property
Community property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions...
jurisdiction. The second prohibited marriage of a white
Caucasian race
The term Caucasian race has been used to denote the general physical type of some or all of the populations of Europe, North Africa, the Horn of Africa, Western Asia , Central Asia and South Asia...
person to an Indian
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
, Mongoloid
Mongoloid race
Mongoloid is a term sometimes used by forensic anthropologists and physical anthropologists to refer to populations that share certain phenotypic traits such as epicanthic fold and shovel-shaped incisors and other physical traits common in East Asia, the Americas and the Arctic...
, Mulatto
Mulatto
Mulatto denotes a person with one white parent and one black parent, or more broadly, a person of mixed black and white ancestry. Contemporary usage of the term varies greatly, and the broader sense of the term makes its application rather subjective, as not all people of mixed white and black...
, or Negro. This anti-miscegenation law remained on the books for nearly 100 years before being eliminated in the midst of a court case involving a person of Japanese descent
Japanese people
The are an ethnic group originating in the Japanese archipelago and are the predominant ethnic group of Japan. Worldwide, approximately 130 million people are of Japanese descent; of these, approximately 127 million are residents of Japan. People of Japanese ancestry who live in other countries...
marrying a white person.
Other legislation passed included two new taxes. The first an ad valorem tax
Ad valorem tax
An ad valorem tax is a tax based on the value of real estate or personal property. It is more common than a specific duty, a tax based on the quantity of an item, such as cents per kilogram, regardless of price....
of US$0.25 per $100 of assessed value passed, the second a poll tax
Poll tax
A poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
of $3.00 for everyone except Indians, Mongoloids, and Negros. Three member Board of Supervisors were authorized to oversee affairs in each county. Finally, December 4, 1865, was set for the opening date of the first session of the territorial supreme court.
In addition to the legislation, a concurrent resolution
Concurrent resolution
A concurrent resolution is a resolution adopted by both houses of a bicameral legislature that lacks the force of law and does not require the approval of the chief executive.-United States Congress:...
expressing sorrow over the death of Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
was passed.
Members
| House of Representatives | ||||
|---|---|---|---|---|
| Name | District | Name | District | |
| Simon ChambersDid not attend session. | Pima | Alexancer McKey | Yuma | |
| Peter Doll | Yuma | William J. Osborn | Pima | |
| Juan Elias | Pima | M. R. Platt | Pima | |
| Daniel Ellis | Yavapai | James O. Robertson | Yavapai | |
| Octavius D. Gass | Mohave | Converse W. C. Rowell | Mohave | |
| James S. Giles (Speaker) | Yavapai | Manual Smith | Pima | |
| William K. Heninger | Yuma | Daniel H. Stickney | Pima | |
| Samuel Hughes | Pima | John W. Sweeney | Pima | |
| Jackson McCracklin | Yavapai | Henry McC. Ward | Pima |
| Council | |
|---|---|
| Name | District |
| 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... |
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:... |
| Henry A. Bigelow (President) | 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:... |
| Patrick H. Dunne | Pima |
| Robert W. Groom | Yavapai |
| 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... |
| Francisco S. León | Pima |
| George W. PierceElected but resigned before the session began. | Pima |
| Manuel Ravena | 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:... |
| 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... |
Yavapai |