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of Judge of this Election, according to law, and to the best of my ability, and that I will strictly endeavor to prevent fraud and abuse in conducting the same.'


Said oath shall be administered by any person authorized to administer oaths, (if any such be present,) if not, then the judges may administer the oath to each other, and a similar oath to the two clerks of the election, whom they are authorized and empowered to appoint; and the person administering oaths shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll-books. It is hereby further ordered and directed, that in case any of the Judges, appointed for any of the districts, do not appear and qualify, as above directed, or in case the Judges for any district are not named, then the voters first appearing, at the hour appointed, to the number of five, or more, shall choose three competent persons as Judges of Election, for said precinct, who shall take the oaths above required, and proceed to appoint two competent persons to act as Clerks of said precinct.

"It is further ordered and directed, that the Clerks of each election precinct, shall each keep a list of the names of all persons voting in their respective districts, and each voter, as he offers his vote, shall announce his name in an audible voice to the Judge, or Judges, who receive his vote, and they shall announce it to the Clerks and shall not receive any other vote until the Clerks shall declare the name of such voter written.

"The ballots may be written or printed, and shall contain the name of the candidate, and of his office, in full.

"It is further ordered and directed, that the constables of the several districts, (if there be any,) shall attend the election in the precinct where they reside for the purpose of preserving the public peace; and if none attend, then the Judges shall appoint one or more special constables, not exceeding five in number, to perform that duty. And the said constables shall, when directed by the said Judges, summarily arrest any disorderly person interrupting the proceedings of said meeting, or committing a breach of the peace, and detain him in custody, (but not depriving him of the right to vote, if he be a legal voter), until the adjournment of said meeting, when said Judges shall make complaint against him before the proper officer, and cause him to be tried for the offense.

"The polls shall be kept open until six o'clock p. m. of the day of election, and immediately after the polls are declared closed by the Judges of said election, they shall proceed publicly to examine and count the votes, and see if the votes cast agree in number with the poll lists kept by the Clerks, and if the votes so cast shall exceed in number the names on the poll list, the Judges, or some one of them, shall take indiscriminately from the ballots, a number sufficient to make the ballots and poll lists agree.

"After the public counting and examining of the votes, the Judges shall proceed to open and canvass, publicly, all the ballots cast, and shall read, in an audible voice, all the names on each ballot, and shall count the number given for each candidate. And the Clerks shall set down in their poll books, the name of the person voted

for, written at full length, the office for which such person received such vote, or votes, and the number he received, the number being expressed at full length. Such entry to be made, as near as may be, in the following form, viz:

"At an election held at the house of .. at

in the .... Council District, of the Territory of Arizona on the eighteenth day of July, A. D. 1864, the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit:

"A. B. had



votes for Delegate to Con

"C. D. had ... votes for Member of the Council.

"E. F. had .... votes for Member of the House of Representatives.

"Certified by us,

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A. B.,

"C. D.,

666 'E. F.,


" 'G. H.,


"Judges of Election.

"'I. J., Clerks of Election.'

"The Judges of Election shall then enclose and seal one of the poll-books under cover, directed to the Secretary of the Territory, and the packet thus sealed, shall be conveyed by one of the Judges or Clerks of the Election, to be determined by lot, if they cannot otherwise agree, and sworn to the performance of that duty by one of the Judges, and delivered to the Judge of Probate of the district in which such precinct

is situated, or if the Judge of Probate be absent, to the Sheriff of said district, within ten days after said day of election, and the said Judge of Probate, or Sheriff, shall, within ten days after said poll-books may be delivered to him, and within twenty days after said day of election, deliver the same to the Secretary of the Territory.

"And the Judges of Election shall then enclose and seal the other poll-book, under cover, directed to the Judge of Probate of the district in which the precinct may be, and the packet thus sealed should be conveyed by one of said Judges, or Clerks, as aforesaid, to said Judge of Probate, within the time above mentioned, and shall be deposited in his office subject to the inspection of any elector who may wish to examine it.

"And if any Judge or Clerk of any Election, at which he shall have sworn as Judge or Clerk to carry the poll-books as aforesaid, shall fail or neglect to deliver said poll-books, as aforesaid, he shall, for such offense, forfeit and pay the sum of five hundred dollars, for the use of the Territory, to be recovered by an action of debt in the name of the Territory, in the proper District Court.

"And, whereas, certain legal voters of this Territory are now engaged in a campaign against the hostile Indians, such persons shall have the right to vote for all officers for whom they could legally vote in their respective precincts, in the manner following:

"They shall, on the day of election, at the time herein fixed for the opening of the polls, proceed to elect three Judges of Election, who shall im

mediately give public notice of the hour of such day, and the place, when and where they will open the polls, and they shall appoint Clerks, and shall receive, canvass, and record the votes, and conduct the election, as nearly as may be, in conformity to the foregoing provisions; and shall, in like manner, cause to be delivered to the Secretary of the Territory, the poll-books, kept, certified, and sealed up in accordance with these provisions, and in the manner hereinbefore provided.

"Given under my hand, and the Seal of said Territory, at Fort Whipple, this twenty-sixth day of May, A. D. 1864, and of the Independence of the United States of America the eightyeighth.

"By the Governor:



"Secretary of the Territory."

The Act referred to by Governor Goodwin in the foregoing proclamation is as follows: "AN ACT to provide a temporary government for the Territory of Arizona, and for other purposes.

"Be It Enacted by the Senate and House of Representatives of the United States of America, in Congress Assembled: That all that part of the present Territory of New Mexico situate west of a line running due south from the point where the southwest corner of the Territory of Colorado joins the northern boundary of the Territory of New Mexico to the southern boundary line of said Territory of New Mexico,

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