"Article 14th. In case of the death or resignation of the Recorder, an election shall be ordered as provided in Art. 10th of this code for the choosing of a Recorder to fill his unexpired term of office.

"Article 15th. It shall be the duty of the Recorder to enter on the books for recording claims; underneath the notices, the name of the person who has examined such claim for record.

"Article 16th. All Laws or parts of Laws heretofore in force in this District, pertaining in any way to Quartz Mining, are hereby repealed.

"Article 17th. These Laws shall be in force from & after the date of their adoption.

"On motion of Geo. Lount-A. O. Noyes was put in nomination for recorder and unanimously elected.

"We the undersigned committee appointed to draft and report By-laws & regulations for the better government of Quartz mining in QuartzMountain District, having examined the foregoing Laws, do certify them as a true & correct copy of the Original Laws as adopted at the meeting called for this purpose Dec. 27th 1863. "(Signed)

A. O. Noyes,
E. M. Smith,
Geo. Lount."

The foregoing mining districts were formed under the old California mining laws, which allowed miners to form their own mining districts, and designate the number of claims, and their size, which could be located. Claims on placers covered certain areas, and vein mines were located on the ledge vertically, in general not following dips, spurs and angles.

CHAPTER XVI.

CREATION OF TERRITORY.

REAL CAUSES FOR CREATION OF TERRITORY-EFFORTS OF CHAS. D. POSTON INTRODUCTION OF BILL FOR CREATION BY MR. ASHLEYPASSAGE OF SAME THROUGH HOUSE AND SENATE SIGNING OF SAME BY PRESIDENT LINCOLN DESCRIPTION OF PASSAGE OF BILL BY CHAS. D. POSTON-APPOINTMENTS OF OFFICIALS OF TERRITORY-STARTING OF OFFICIALS FOR TERRITORY.

Undoubtedly the Confederate invasion of Arizona and New Mexico, and the organization of Arizona into a separate Territory by the Confederates, which was acknowledged by the Confederate Government, with the discovery of gold in large quantities in Arizona, of which the Government at that time stood in great need, were the real causes of the passage of the bill through Congress in the session of 1862-63 for the creation of the Territory of Arizona.

Charles D. Poston, who was in Washington at that time, aided by General Heintzelman, was active in promoting the measure, which had the support of Ben Wade of Ohio, in the Senate and Ashley, of Ohio, in the House.

On March 12th, 1862, Mr. Ashley introduced a bill for the organization of the Territory of Arizona, which was referred to the Committee on Territories. This bill, adopting the suggestion of New Mexico, fixed the north and south

eastern boundary line of the new Territory on the meridian of 32 degrees west of Washington, which is 109° 2′ 59′′ 25 thirds west of Greenwich, and included the area as at present included within the boundaries of the State of Arizona, with the exception of about 12,000 square miles lying west of the Colorado River, which was subsequently annexed to the State of Nevada.

This bill, after a lively debate, was passed through the House by a small majority on May 8th. 1862. Watts, the Delegate from New Mexico, and Ashley, from Ohio, were its chief advocates in the House, and Wheeler of New York, led the opposition. It was argued that Arizona's white population of 6500 evidently included the Mexican population, for, at that time, by the best accounts, the native born American population was not over 600, and they, and the four thousand civilized Indians were entitled to a civil government and protection as citizens of the United States, which it was contended they could not receive as long as it was under the territorial government of New Mexico. It was also argued that the great mineral wealth of the country was ample justification for the necessary expenditure in creating a new Territory. The opposition claimed that the population never had been sufficient for a territory; that the 6500 population shown in the census included Mexicans and half breeds, totally unfit for American citizenship, that the American population as enumerated at that time had been driven out and that the territory was in the possession of rebels and hostile Indians. Under such

conditions it was contended that no real protection could be given, and that a territorial government would be a mere farce; that the bill was intended to benefit office seekers, and that in view of the great expenses of the government, Congress had no right to divert any portion of the public monies for their benefit, but should conserve it all for the protection of the country against its rebel and savage foes. By this bill slavery was prohibited and the Capitol was located at Tucson.

In the Senate the bill was supported by McDougal of California and Wade of Ohio. After some debate the bill was postponed from June, 1862, to December of the same year. Final action was taken on the 20th day of February, 1863, when the clause designating Tucson as the capitol was removed, and, under the championship of Senator Wade, the bill was finally passed by a vote of twenty-five to twelve and signed by President Lincoln on the 24th day of February, 1863.

Charles D. Poston, in giving his connection with the final passage of this bill says: "At the meeting of Congress in Dec. 1862 I returned to Washington, made friends with Lincoln, and proposed the organization of the terr. of Arizona. Oury (who I suppose had been elected delegate in '62 to succeed McGowan) was in Richmond, cooling his heels in the ante-chambers of the confederate congress without gaining admission as a delegate from Arizona. Mowry was a prisoner in Yuma, cooling his head from the political fever which had afflicted it, and meditating on the decline and fall of a West Point

graduate. There was no other person in Washington, save Gen. Heintzelman, who took any interest in Arizona affairs. They had something else to occupy their attention, and did not even know where Ariz. was. Old Ben Wade, chairman of the senate com. on territories, took a lively and bold interest in the organization of the territory, and Ashley, chairman of the com. 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 the 'lame ducks' were invited, and then and there the slate was made, and the territory was virtually organized. So the slate was made 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?' Gurley politely replied, 'O, we will make you Indian Agent.' So the bill passed, and Lincoln signed all the commissions, and the oyster supper was paid for, and we were all happy, and Arizona was launched upon the political sea."

In March following President Lincoln made appointments for the territory as follows:

Governor: John A. Gurley of Ohio, who died August 18th, and, on the 21st, John N. Goodwin, of Maine, was appointed in his place.