1863-ARIZONA TERRITORY-1963

RITORY 1963

Basis of government for just such a situation, so that newly acquired land and its citizens might be as generously provided for as the inhabitants of the older states. The word "territory" was applied to these new areas. Organized territories aspiring toward statehood were allowed a popularly elected legislature, a governor appointed by the president for a term of four years, and a series of courts, the higher judges of which were to be paid for out of the national treasury. The territory's legislature was not to have plenary power and their acts were subject to modification or absolute veto by Congress. The organic law of the territory would consist of the Federal Constitution and the act of Congress organizing the territory, the framing of which the inhabitants had no part. In addition, the territory was not allowed to be fully represented in Congress but could choose a delegate who was given only the privilege of a seat in the House with the right to serve on committees and participate in debates but not vote.

September 9, 1850, Congress passed the Organic Act creating the Territory of New Mexico. Nuevo Mexico's seven partidos became New Mexico's first seven counties, eventually stretching from her eastern boundary west to the Colorado River. Arizona came into the Union under the guise of New Mexico. Her fight for recognition and territorial status was just around the corner. By now many hardy souls, en route to the California gold fields, had crossed her wilderness, but for the At most, Arizona was uninhabited except for small Span-ish outposts below the Gila. In 1849, a reporter from the New Orleans Daily Pica-yune wrote ". (we) reached the last military out-post (Tucson) at sundown May 28th. It is a miserable old place garrisoned by about 100 men. Flour and a small quantity of corn were all we could procure. From Tucson to the Gila River is a distance of 80 miles, not a drop of water except what we carried; it is of course a journey of great suffering. across Arizona As for Arizona aside from one (trail) in the north, the other was from Albuquerque south to Zuñi thence to the Gila by way of the Salt through the Pima villages."

It wasn't long before Congress, considering the pos-sibilities of linking the east and California by rail, was pressurized by moneyed factions-politics at work-a group seeking a northern railroad through Arizona and another group, a southern right of way. Now it was apparent that more land must be acquired if a southern route was feasible. The land north of the Gila presented too many obstacles. In 1854, after much negotiation, the United States bought from Mexico 29,670 square miles of land south of the Gila, defined in the Gadsden Treaty.

This provided that "The Mexican Republic agrees to the following as her true limits with the United States for the future: retaining the same line between the two Californias as already defined and established, according According to the 5th article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from the land, opposite the mouth of the Rio Grande, as provided in the 5th article of the treaty of Guadalupe Hidalgo; thence as defined in the said article, up the middle of the river to the point where the parallel 30°7′ north latitude crosses the same; thence due west 100 miles; thence south to parallel 31°20′ north latitude; thence along said parallel of 31°20′ to the 111th meridian of longitude west of Greenwich, thence on a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado rivers; thence up the middle of said river Colorado until it intersects the present line between the United States and Mexico. With the acquisition of more new accessible territory, the greater part of which was later to form the southern With the acquisition of more new accessible territory, the greater part of which was later to form the southern boundary of Arizona Territory, Americans began to move in. One of the first was Charles D. Poston, often referred to as the "Father of Arizona," who, if we can believe him, was later instrumental in achieving territorial status for Arizona. New Mexico also took action-in 1855 the land acquired by the treaty became the western part of Doña Ana County with the county seat at Mesilla. Now began complaints and agitation for Arizona's independence from Mexico. Mesilla was too far from Tucson and Tubac to enforce any law. In 1856 a convention was held in Tucson urging the organization of a territory of Arizona. A petition was presented to Congress, but nothing effective was accomplished. President Buchanan in his first annual message to Congress, 1857, advocated an Arizona Territory, and again in '58 and '59, stating in the latter message, that there were ten thousand people without law and order in Arizona.

Of the numerous conventions held the Weekly Arizonian, June 30, 1859, reported that at the Mesilla convention of June 19th it was claimed no judge had held court within the limits of Arizona for three years and it was imperative to clear the jails of offenders waiting trial. More conventions were held. All efforts failed miserably and it might be said it took the Civil War to settle matters.

Among other things the south was desirous of a route to the Pacific. Texas wished to retaliate for having lost territory to New Mexico, southern Arizonans were irked at the rebuffs to pleas for territorial status. In August, 1861, a mass meeting in Tucson formally declared Arizona a territory of the Confederacy and elected Granville Oury delegate to the Confederate Congress, and on February 14, 1862, President Jefferson Davis proclaimed the establishment of the Confederate Territory of Arizona. In the meantime, Poston, according to an interview

in the Phoenix Republic, Feb. 2, 1892, states “At the breaking out of the Civil War in 1861 I went to Washington and remained in that vicinity until 1863, when chances seemed favorable for organizing a civil government for Arizona. General Heintzelman and William Wrightson were the only people in Washington who had ever been in Arizona, capable of rendering any assistance and they did so nobly. The politicians did the rest for the sake of getting offices. They would have organized a territory in a hotter place than Arizona to get the offices.” In the Arizona Enterprise, Florence, Sept. 26, 1891, Poston said, “After the war was partially over I called to see President Lincoln about organizing a government for Arizona. He said, 'You will have to see Ben Wade, chairman of the Committee on Territories.' As soon as was convenient I called on Senator Wade from Ohio and told him my tale of woe. He said, 'Oh yes, I have heard of that country; it is just like hell-all it needs is water and good society!' That was the first time I had ever heard the expression.

“Ashley of Ohio, chairman of the Committee on Territories in the House, joined us heartily in favor of organizing the Territory of Arizona. They did not care a cent for Arizona and scarcely knew where it was; but a great many members of Congress had been delegates in their districts and they had to have office somewhere.” In his Memoirs, published in the Tucson Citizen, April 15, 1884, Poston claimed “Ashley, chairman of the committee in the House, told me how to accomplish the object. He said there were a number of members of the expiring Congress who had been defeated in their own districts for the next term, who wanted to go west and offer their services to the 'galoots' and if they could be grouped and a satisfactory slate made, they would have influence enough to carry the bill through Congress. Consequently, an 'oyster supper' was organized, to which all the 'lame ducks' were invited, and then and there the slate was made and the territory was virtually organized . and the bargain concluded, but toward the last it occurred to my obfuscated brain that my name did not appear on the slate, and in the language of Daniel Webster I exclaimed, 'Gentlemen, what is to become of me?' Gourley politely replied, 'Oh, we will make you Indian agent.' So the bill passed, and Lincoln signed all commissions, the oyster supper was paid for and we were all happy, and Arizona was launched upon the political sea.' Whether it all happened that way or not Poston did go to Washington prep prepared for the launching of the territory. Charlot Hall reports in the Arizona Daily Star, Feb. 23, 1910, “Anticipating the action of Congress which created the territory, Colonel Charles D. Poston took 1500 ounces of silver from the Santa Rita Mountains to New York, and out of a portion of it had a very massive inkstand made, following his own design. He intended to present this to President Lincoln, and ask him to use it in affixing his signature to the document creating the territory. There was some delay in the making, however, and the inkstand came too late for that use but it was accepted by the president as a personal gift.. The broad base shows a desert landscape with cactus; in the center, the dome of a capitol serves to hold the inkwell. At one end is the figure of an Indian woman typical of the peaceful Pima and Papago tribes, whose great friendliness counted for so much in that day, and at the other end was a figure in frontier dress with rifle across the knees, said to be a portrait of Colonel Poston.” February 24, 1863, Arizona was declared a territory. But this was in Washington-The appointed officials had yet to journey to Arizona and organize the territorial government. John A. Gurley, appointed governor by Lincoln, March 4th, died August 18th, and John N. Goodwin of Maine, Main who had had been been ap appointed Chief Justice was chosen to take his place. Goodwin and his party set out for the new territory. One of the members of that party, Joseph P. Allyn, appointed as Associate Justice recorded the details of the trip in correspondence to the Hartford Evening Press, Conn., signing himself "Putnam." He gives a graphic picture of the trip.

Traveling by steamer from St. Louis to Hannibal, Mo., his first report was written on board the Dio Vernon, Sept. 7, 1863. "Enroute to Arizona: If anyone doubts that it is quite an undertaking to cross Uncle Sam's domain from sea to sea .. I wish they had my experience. Everything to be thought of that one will need for a year, ear, from flat-irons up to determining the motto of the state. Not particularly versed in heraldry, perhaps I am not a competent judge of this last and yet I am sure but that I should do as well at that as in using the first. But it strikes me that Secretary McCormick has been especially fortunate in his selection of 'Didat Deus' -God Enriches-for the seal of Arizona. It is brief as that of England and breathes the same spirit with the blazing words our fathers traced on the arms of Connecticut..

"It is quite amusing to watch the different expressions of people you meet; some look at you dolefully, as though they thought you ought to take a coffin along with you, and they never expect to see you again; others catch the enthusiasm of the adventure and want to join you at once. Some fancy Arizona is peopled with cannibals, others that diamonds grow on trees. The truth is that when one tells the sober truth about the vast domain beyond the Mississippi he passes for a crazy dreamer. In the midst of war, the last two years have seen more done for the West than in the twenty that preceded it. The Pacific railroad is begun, Nevada and Colorado have grown to be states and it needs but one more link to make the girdle of states unbroken from the Atlantic to the Pacific."

"Enroute: Thur., Oct. 8, 1863: About 4 o'clock we moved, the cavalry sweeping over the rolling swells of the prairie in advance.. a little interval then the string of ambulances, each with four mules, our transportation train and that of our escort, some 30 odd white covered wagons in all. It was a pretty sight to watch from the top of the hill. From front to rear the whole stretched over a mile; the dark mass of the cavalry creeping up the farther swell, throwing back the sun's rays from the flashing sabres and gleaming rifles, the starry banner flaunting its folds proudly over them; the long line of white wagons contrasted with the dark mules; now a clump of trees broke the view, the shrill notes of the bugle struck the ear, an orderly wagon-master galloping along, and stragglers came reeling out from town."

The New Mexican, Nov. 21, 1863, Santa Fe now adds an interesting note "Arizona Arrivals: On Saturday last week, arrived from the States in this city, the officers appointed to the new Territory of Arizona. They consist of Gov. Goodwin, Chief Justice Turner, associate Justices Allyn and Howell, Secy. McCormick, Dist. Atty. Gage, Surveyor General Brashford and Rev. H. W. Read, postmaster for Tucson. With the party is also ex-Governor Brashford from Wisconsin, brother of the Surveyor General. They have been attended by a mili-tary escort and will be when traveling until they reach the place of their destination. The Superintendent of Indians and U.S. Marshal have gone a different route . . . without desiring to be invidious, in designating at this time, one from another it may be said of the Arizona party, as a body, that they possess a fine share of abilities, education, qualifications and accomplishments.

tary escort and will be when traveling until they reach the place of their destination. The Superintendent of Indians and U.S. Marshal have gone a different route . . . without desiring to be invidious, in designating at this time, one from another it may be said of the Arizona party, as a body, that they possess a fine share of abilities, education, qualifications and accomplishments.

"One thing has especially attracted the observation of many, with whom they have come in contact. This is, their apparent elevation of mind and sentiments, above the littleness and meannesses (sic) of the small vindictive politicians, who are sometimes appointed to Territorial offices. They seem like liberal and enlightened gentlemen, and not as narrow, conceited and vulgar pretenders. Their mission is a high one, and if faithfully executed, will command the exertions of their best capacities, and sternest virtues. May personal success, and public utilities go with them and their efforts. They will aim to arrive directly at the new mines, and somewhere in that section, commence their Territorial organization, and set the wheels of the new government in action. Within a few months the capital will be selected, a census taken, a a legislature elected and in session and the whole civil machinery in full operation."

Of Santa Fe, Allyn to the Hartford Evening News had this to say: "Santa Fe, Nov. 21, 1863: Santa Fe contains about five thousand inhabitants, two hundred of whom may be Americans. Santa Fe is a strange chapter torn out of the past and stuck between the leaves of American progress."

"Albuquerque, Dec. 4, 1863: One evening we went to Peralta, 18 miles below, to attend an event in honor of Gov. Goodwin.... It was quite dark when we drew up in front of the officers' quarters and the roaring fire

and ample supper were exceedingly acceptable. The dance had hardly begun and after supper was over we were driven to the hall. The room was the largest in New Mexico being about the size of the City Hotel in Hartford. The American flag swept across the upper end, under which the Governor and other guests were placed (after the dance). Later in the evening we were invited into an outside room where a table was set with refreshments, an enormous pig forming the central figure, surrounded by oysters, cheese and coffee. The entertainment cost near a thousand dollars and was gotten up by the people of this place. Their hospitality was unbounded.

Jonathon Richmond, who accompanied the party, wrote home in a letter: "The ox-train which accompanies us here from Santa Fe is loaded with ammo. for the regulars they intend raising on our arrival. The trains combined will make 68 wagons, 3 co. of cavalry and 78 teamsters, besides our party of 18."

Will C. Barnes, recounting the story in the Arizona Republic, Apr. 14, 1937, gives added details: "The act of Congress provided that in order to receive their salaries for the year 1863 the new officials must arrive within the limits of the new territory on or before the last day of December 1863."

Maps were scarce and not any too correct in those days nor were territorial lines clearly drawn. The act merely stated the new empire was to be formed of the western half of the then New Mexico lying west of longitude 109 degrees. It was not until they had reached a point on the Beale or 35th parallel road across the northern end of New Mexico known to travelers as "Navajo Springs" that they were certain they were within the official lines of Arizona Territory.

Navajo Springs are about thirty miles west of the western line of New Mexico and about three miles southeast of the present Santa Fe railroad station of the same name. These springs hardly deserve the name being mere wet places or "seeps." But the water was comparably pure and they lay out in the middle of a wideopen prairie with excellent grasses and feed for the animals while the approach of the hostile Indians, always looked for in those days, could be more easily detected.

The command reached these springs Dec. 29, 1863, and here the officials were duly sworn in.

Secretary of State Richard C. McCormick spoke the opening remarks: "Gentlemen, as properly qualified officer it becomes my duty to inaugurate the proceedings of the day. After a long and trying journey we have arrived within the limits of the Territory of Arizona. The broad plains and hills form a part of the district over which-as representatives of the United Stateswe are to establish a civil government. Happily-although claimed by those now in hostility to the federal armswe take possession of the Territory without resort to military force. The flag which I hoist in token of our authority, is no new and untried banner. For nearly a century it has been the recognized, the honored, the loved emblem of law and liberty. From Canada to Mexico-from the Atlantic to the Pacific-millions of strong arms are raised in its defense and, above the efforts of all foreign or domestic foes, it is destined to live untarnished and transcendent."

At the conclusion of his remarks the flag was raised. Prayers were offered by Rev. Read. The oath of office was administered to Chief Justice Turner and associate Justices Howell and Allyn by Secretary McCormick. Governor Goodivin and District Attorney Gage were qualified by Chief Justice Turner. Then the new governor's proclamation was read in English by Secretary McCormick and in Spanish by Rev. Read-as follows: "To the People of Arizona: I, John Goodwin, having been appointed by the President of the United States, and duly qualified, as Governor of the Territory of Arizona, do hereby announce that by virtues of the powers with which I am invested by an Act of Congress of the United States, providing a temporary government for the Territory, I shall this day proceed to organize said government. The provisions of the Act, and all laws and enactments established thereby, will be enforced by the proper Territorial officers from and after this date.

"A preliminary census will forthwith be taken, and thereafter the Judicial Districts will be formed, and an election of members of the Legislative Assembly, and the other officers provided by the Act, be ordered.

"I invoke the aid and cooperation of all citizens of the Territory in my efforts to establish a government whereby the security of life and property will be maintained throughout its limits, and its various resources be rapidly and successfully developed. The seat of government will for the present be at or near Fort Whipple."

In describing Navajo Springs, Will Barnes continues: "The writer knew three members of the expedition, Col. Chavez, Louis St. James, and James D. Houck. James D. Houck was an acquaintance of over 35 years and often spoke of the matter.

"The day was raw and cold. Six or eight inches of snow covered the ground, the camp was muddy and uncomfortable. They were out of fresh meat and Col. Chavez sent Houck and two or three soldiers out to kill some of the many antelope near the camp.

"They brought several back with them and after the flag raising the entire command feasted on antelope steak and drank a few rounds of champagne, provided especially for such occasions, in celebration of the establishment of the new territory of Arizona."

Arizona had finally achieved territorial status.

MARCH

I heard the thundering hoofs go by To join the herd in the jet-stream sky; But all I saw were white mares' tails, And dust-devil tracks on empty trails. -PAULINE HENSON

CLOUDBURST

The sky was brass, The road ahead, a looking-glass; Death rattled in the browning grass.

Faintly, a form Out of the desert haze is born; One thunderhead becomes a mighty storm.

Quickly the sky Piles up from rim to shining rim; It fills the earth, and overflows the brim!

Too long athirst The dusty sod, to drink cloudburst! Too fast, this flood Of water wasted, precious here as blood.

In desert places One lives by Nature's whim. (Nor can he say what's just.) Man humbly takes what's doled to him: The gentle rain... or floods... or bitter dust. -PAULINE HENSON

BALLADEER: COYOTE

Tone-clear, His yearning cant And ululation fills The awe-hushed night with folklore of The hills. -HENRIETTA HAYS

UNTIL

Summer is not really here Until the crickets start Reciting night-time verses Learned long ago, by heart.

Summer is not really here, However much it seems, until the songs of crickets make music of our dreams. -ELIZABETH-ELLEN LONG

FROM A SPEEDING TRAIN

From a speeding train, I've seen An endless plain Squeeze through impossible gorges, Yet emerge boundless and strong; Push forest and bush aside Then race on, Tumbling mountains upon their backs, Spilling their contents out; Then turn and chase the charging wheels themselves, Yet stop dead At the city gates. -EDWARD ADAMS

POPPIES

When last I looked there were only three Two for you and one for me. Since then they've multiplied by far And now we've one for every star. -PATRICIA MORTON

MYSTERIOUS DISAPPEARANCE

When you are touring during daytime, You find motels a constant scene; But when night brings hit-the-hay time, Motels become darned far between. -PETER CARTWRIGHT

READ MULLAN'S GALLERY OF WESTERN ART:

In the November number of Arizona Highways there appears an article about the interesting combination you have conceived of uniting Art and Business. I was not only interested, but amused, inasmuch as I recognized the fact that it could be done: especial-ly if you were profoundly, religiously, a lover of art!

The object of this letter is to locate, if he is still living, an artist by the name of Leon Gaspard, for it is I who first suggested that he should go to Arizona, firstly to regain his health and, secondly, to make a name in the world of Art. He was a young man when I mentioned this project to him and, as he was suffering at the time, I gave up all hope of ever hearing from him again until I ran across the two pictures painted by him and reproduced in the November issue of Arizona Highways. If he still lives, could you help me find him? I have two or three samples of his pictures which have attracted much attention. One-the most important painting -is a peasant marriage in Russia, the other two are of Moscow.

Dr. D. Hally-Smith Paris, France

ARIZONA'S NATIVE TROUT:

... I have been enjoying ARIZONA HIGH-WAYS for many years and wish to take this opportunity to compliment you and your staff on the production of such an out-standing magazine. Many of my trips to Arizona (the first one in 1934) are re-captured by the articles and particularly by the magnificent photos that appear on your pages.

The July, 1962, issue brought back sharply the memories of a brief trip into the Apache Indian Reservation in 1950. I do think, however, that Charles Herbert missed a golden opportunity to reveal an apparently little known fact about this region. It is the abode of Arizona's only native trout, a species (which in 1950 I named Salmo gilae, after the Gila River) that unfortunately is be-coming quite scarce, even in the uppermost White River tributaries. I had no difficulty obtaining many from the East Fork of the White River east of Kinney Lookout twelve years ago. But continued plantings of the exotic rainbow trout have made very serious inroads into the virgin waters where this beautiful fish was once so abundant; without proper protection and propagation, it is doubtful whether the native fish will sur-vive. It long since disappeared in Oak Creek where, until the early 1900's, it was still common and readily caught. Competition and crossing with introduced rainbows spelled its doom there, as it will also in the White Mountains if nothing is done to prevent the loss.

This trout makes up in beauty what it lacks in size. Most adults do not exceed twelve inches although old-timers report that it grew to sixteen inches. The sides of the body are a lovely rich yellow and are black spotted; there is no "rainbow band" or "cutthroat mark." A good color drawing of the Arizona native trout appears on the cover of the pamphlet, "Game Fishes of Arizona," by E. E. Mulch and W. C. Gam-ble, published in 1954 by the Arizona Game and Fish Department.

Between 1876 and about the turn of the century, the native trout were so abundant that it was no trick for a boy to catch 100 in a few hours or 200 in a full afternoon. Because of ancient taboos against eating fish, these trout were not eaten by the Apaches and thus they survived until the white man began to exploit them.

It is now up to the white man to save them, if he can. I understand that the Arizona Department of Fish and Game is attempting to restore the species. I hope it isn't too late.

Robert R. Miller, Professor of Zoology, Curator of Fishes University of Michigan Ann Arbor, Michigan

"OASIS IN NAVAJOLAND" BY JOSEF MUENCH. Photograph taken at Moenava, Arizona, on the Navajo Reservation a few miles from Tuba City (off Arizona 64 after turning east from U. S. 89, north of Cameron). Fed by springs up in the Echo Cliffs, a series of man-made reservoirs provide irrigation for orchards and fields, a delightful spot and a true oasis in the desert. 4x5 Linhof camera, Ektachrome, f.20 at 1.50th sec., 6" Xenar lens, early September.

"RAINBOW IN THE DESERT-RAINBOW BRIDGE NAT'L MON." BY JOSEF MUENCH. Rainbow Bridge, the world's largest natural bridge, is in southeastern Utah, just over the Arizona-Utah state line. It can be reached from the south from Arizona 64 by trail from Navajo Mountain Trading Post. 4x5 Linhof camera, Ektachrome, f.14 at 1/50th sec., 6" Xenar lens, early May.