The 2nd Arizona Territorial Legislative Assembly was a session of the

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 le ...

which began on December 6, 1865, in

Prescott, Arizona Prescott ( ) is a city in Yavapai County, Arizona, United States. According to the 2020 Census, the city's population was 45,827. The city is the county seat of Yavapai County. In 1864, Prescott was designated as the capital of the Arizona ...

, and ran for 24 days. The sessions chief accomplishments were creation of Pah-Ute County and establishing Arizona as a community property jurisdiction.

Background

At the time the 2nd legislature met, Arizona Territory was only two years old and still in the process of setting up basic government services. The

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...

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 Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...

, Santa Fe, New Mexico Territory, and

Tubac Tubac is a census-designated place (CDP) in Santa Cruz County, Arizona, United States. The population was 1,191 at the 2010 census. The place name "Tubac" is an English borrowing from a Hispanicized form of the O'odham name ''Cuwak'', which tr ...

. 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 Colorado River ( es, Río Colorado) is one of the principal rivers (along with the Rio Grande) in the Southwestern United States and northern Mexico. The river drains an expansive, arid watershed that encompasses parts of seven U.S. s ...

. The period since the previous legislative session had also seen the territory's second elections held in September 1865. During the elections, Governor

John N. Goodwin John Noble Goodwin (October 18, 1824 – April 29, 1887) was a United States attorney and politician who served as the first Governor of Arizona Territory. He was also a Congressman from Maine and served as Arizona Territory's delegate to the Un ...

had defeated Charles D. Poston for Delegate to the

U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

. 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 within the territory. Other issues involved creation of jails 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 County from the northern part of

Mohave County Mohave County is in the northwestern corner of the U.S. state of Arizona. As of the 2020 census, its population was 213,267. The county seat is Kingman, and the largest city is Lake Havasu City. It is the fifth largest county in the United St ...

. Upon the recommendation of Acting Governor McCormick, the county was created to serve the needs of a rapidly growing population of farmers along the

. 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 The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

gave most of the new county's territory to the State of

Nevada Nevada ( ; ) is a state in the Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the 7th-most extensive, ...

. Two changes to marriage laws made. First established Arizona as a community property jurisdiction. The second prohibited marriage of a

white White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White o ...

person to an

Indian Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asia ...

Mongoloid Mongoloid () is an obsolete racial grouping of various peoples indigenous to large parts of Asia, the Americas, and some regions in Europe and Oceania. The term is derived from a now-disproven theory of biological race. In the past, other terms ...

, Mulatto, or

Negro In the English language, ''negro'' is a term historically used to denote persons considered to be of Black African heritage. The word ''negro'' means the color black in both Spanish and in Portuguese, where English took it from. The term can be ...

. 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 A concurrent resolution is a resolution (a legislative measure) adopted by both houses of a bicameral legislature that lacks the force of law (is non-binding) and does not require the approval of the chief executive (president). Concurrent resolut ...

expressing sorrow over the death of

Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...

was passed.

Members

References