OCR Interpretation


Arizona miner. [volume] (Fort Whipple, Ariz.) 1864-1868, June 22, 1864, Image 1

Image and text provided by Arizona State Library, Archives and Public Records; Phoenix, AZ

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016242/1864-06-22/ed-1/seq-1/

What is OCR?


Thumbnail for

Tisdale A. Hand,
" The Gold of that Land is good."
Publisher.
VOLUME I.
PRESOOTT, ARIZONA, WEDNESDAY JUNE 22, 1864.
NUMBER T;
THE ARIZONA -'MINER
v. i. havo, sM.hwm . '
.i" . -r -
VujnfoU to adtftftte, wUfcet
Far one year - i - - .
For six moafha , -
For three month - -;;
Single oopiei . -
m
to
seek protection. It; impair the Jmv-fcbidingllf any porno approaches yoa and attempts any
ADVERTISING
A square ennuis tea linos of thii letter. One
i Aa . t . A
ntonrhnn x l IM! t in.v aminrrt crfinmitflr for inrp.n
Vtmnthn f! 1111 li'rvt tt V mnK0 C ft fill H VY1 riTlO
rAnM. i fin w i rif- t h a nniMA ntnrnp mm rirmiiu
u. s. mstrict cowt. "
PtrT to rtmirm r 'ia Air 4 w iha og nwivil Jl HV ilk'
THE FIRST JUDICIAL DI8TBICT, AT TUCSON,
MAY TERM, A. D. 186'i.
Gkntlkmbx of Til Gxakd J DRY You aro
hn firsjf. rrrnnrl innnaet aver dulv amnanelled and
. .... r .l L t
eworn DT autuontv 01 irw, in una 1 ennui ?.
i it 1 vour action oonav. commoncea tne uiuiciai
ih .lit v 111 h 1 . 1 1 l 1 1 1 t.i 1 v niiuai; uiisi in auniLicuur ir.v
. i !ji .1., r it.. it:
naturally turned to the administration of its civil
icy. to ascertain whether there exists sufficient
jintelligonce and public virtue in its people to
give efficacy to its law, and security to life,
liberty and property. .
I need hardly remind you, gentlemen, that the
responsibility resting upon yon is one of very
great anu grave coosiuerauon. its magDiiaue,
feonid?red with reference to the future weal or
e of tbe people of tajf Territory, bee not been
P a. . . . . T B ... . - ... . 1 t
re.. 'iou of war jnrniMi rarr ererr aBearaoieti.
K7 mjo the prompt. Booest, faithfel and impartial
li. harge of that duty, measurably rest toe
future jadiciaJ history of this Territory.
Emerging as we are, from a chaotic state.
Rvhere no system of civil jnrisprudenca prescribed
by the supremo por,-et liae ever boen oil forced, a
ipnei consiaerauon oi our uuues, ngnis ana
mriviloges may not be considered as inappropriate
So r improper. A Ithougn not required by statute
ito call your attention to eacn particular violation
R)f the criminal law, yt to some, which 1 am ad-
R'ised may come beforo you for your consideration
Ut
r.nd action, I ueum it proper to call your atton
lion and First, Murder. Mnrdor is defined as
'tho act of unlawfully killing a human being
with premeditated malice, by a person of sound
mind. To constituto murder jn law. Uie per
son killing another must bo of sound mind, or
in possession of his reason, and tho act- must
bo done with malico prepense, aforethought or
premeditated ; but malico may be implied, as
well as express."
K therefore vou find bv eomnetont proof that
Llli IB human beinj? has been unlawfully killed by nn-
her. within the jurisdiction of your inquiries,
grhicb is co-extonsive with the limits of the judi
cial district, and that the poraon committing the
offence is identified, it will bo your duty, by pro-
or indictment to present such person tor trial.
on are to hear and consider only the evidence
on the nart of the nroseeution. excent in extra-
Ludxdinnry casos provided by statute. All matters
ot justihcation or excuse are to bo heart! ana
determined before the trial jury, whoro in accor-
aaoee witn our laws ana public policy, an pro-
eoediuiS aro open and public, to the end that the
people may be educated in the forms and pro-
feedings against persons accused of crime, and
jo reasons that shall conduce to their cdnvictiou
acquittal. Our former history presents a nain-
y thlfif recor( m tms r,fll Homicides, without
fcausp or lustification have been frequent : and it
fawn nuniflhrnnnL Llmh socurifcVr tolifrt nan nhhiin.
I nSST - T it j j i . T J. i t . - m r
i ui'BKTiext. i can vour attent on to tne onense oi
ambimer. a statuto ot jS ev Mexico, iniorce
Hire, makes tho ofibnse, one for your considera
tion, and to its provisions, I earnestly invoke
pur attention, as woil as your prompt action for
fimny violation. 'I'ho evils which How from this
;e. permeoto every vein and artery of society,
d contaminate and poison tho whole social
m j.- .
)Mme restraints ov the civil law, and substitute in
ri
n into his original elements, and punishes and
pteites of a vitiated mind, and an iutorosfc made
of ut by the most selfish ami dishonest. means,
MElho high aeUool of crime, from whicht could
,,,J''Mcrftt' letonff b. traced, eraenates a majori-
the homioides, robberies and the higher
w W against whiah the poopla aro obliged to
rfoiri of the people, and deetroya. that reliable
eonfiorrativQ element to which the govarnment
should look with confidence lor protection and
support in tba hour of tie peril and iU darker,
K!r dotfe ffao evil atop herd. It deOiohUiKO in&
debatee the youth of tire land, and unfits them
for placss of public trnst or private oondenco
H is a patent historical fact.,, that any comuiunL
ty or trovernment that has either licensed or tol
erated gambling, has been subjected to the evils
of unlawful assemblies raised for the ostensible
purpose of eradicating ot counteracting tho evils
produced by its toleration, and who, under the
impulse of excitemont, and acting beyond the
control of law, frequently commit outrages as
crievous as those of which thov complain. Tho
cure for all this, is a wholesome, lair, honest and
impartial administration of tho laws ns they exist.
Under the constitutional Guarantee of the
"riffht of everv citizen to keen and bear arms in
defence of himself and the government," an evil
ha3 arisen to which I invito your especial atten
tion while that constitutional guarantee must
oe ooservod ; tne abuse oi mat ngnt is naoie to
prosecution and punishment. If, lor instance,
the "arms" aro used for tho purpose of makin
an assault, with the intent to inflict upon the
person of another a bodily injury, within a dis-
: i t . ! a i
UIL.CC .Vii i(yii ouuii ui tun mil cui i j , ui w jn v unii
in fear, or to compel him by fear or threats to
obey au unlawful order or command, where no
considerable provocation appears, or where the
circumstances of the ivssault show an abandoned
and malignant heart, then, in any such case, the
"offender is liable to indictment and punishment.
The privilege U girea him alone for protection ;
ooi for Infringement upon tbe rights of other.
The person who deliberately violate tbe taw
of tbe land, aa de&eereteiy ttfcvra himieU wiili
out the protecting pale of its ieAaence, ati by
tbe act itself, roiuoUirfy anDouocea hii boatility
to law and social order. Aoy iodaiance to tech
pereoo etendere diereapect and diftruai for the
judicial tribaoaJs of the coentry, and k a direct
violation or tho rights oi tuoso wno uo uot
offend.
In your deliberations, allow me to suggest the
faithful observance of one great leading principle,
which is, to administer the laws as we find them
enacted by competent authority. Any deviation
from this principle is fraught with danger. Jn
its adherence, you announce the peaceful rule of
tho law, and proclaim to the world, that hence
forth, the Revolver and Bowie Knife shall cease
to be the arbiters of differences between indi
viduals, or the avomzers of tho baser passions of
men. One other principle of equal importance
is, that our individual opinions of tho policy or
provisions of a law. should not be allowed to
obtain in its administration.
If wo refuse to execute a law, because its pro
visions aro not in accordance with our private
views, we aro rccroant to the trusts confided to
us, and guilty of perjury qpojG- our official oaths
Wo substitute individual opinion for I ho com
bined wiadorn of tho law making powor, aud thus
deliberately ignoro the cardinal principle that
"the majority should rule' and which forms the
basis of ail free institutions.
In tho present unhappy condition of our coun
tiy, we have hithorto boon subjected to military
rale, or "martial law' This has ceased j and if
a question arising under this state or public
affairs is brought before you for consideration,
tno (UVIuing lino ui juwciu uutwuuu iuu uivu mm
military authorities i3 easily defined. Tho civil
havo no military powers, and tho military no civil
powors, except what aro given by express law.
. . ... . , .1 V ..... 1 if
jNotlunsr can oe taKen uy impucatiou ; aim n
either attempt to assume me lunctious or uis
charge tho dutios of the other, anda wrong en
sues, that wrong rs without excuse, and tho per
petrator is amenablo to tho law for its violation,
Nothing should bo more assiduously guarded
than oppression under color of official or legal
authority. Under such circumstances it becomes
the more flagrant, because of tho assumed pro-
"That Government is tho best administered
that considers an insult to its meanest subject,
an insult to its whole people ; and in the ad
ministration of the criminal law, it should bo our
constant endeavor so to demean oursolveB, that
tho poor, the weak, and tho timid, equiuly with
tho rich and the powerful, should regard our
courts of justice ns a shield against wrongs, and
o defonder of their lawful rights, . Your investi
gations antl deliberations aro to be in secret.
No person should bo permitted to be present ex
cept the witness under sxanii nation, and tha
Attorney General as your assistant and logal ad
viser ; and upon the decision of a question, no
ono should bo present oxcon, your own body.
conversation cr inquiry. ae to the matters yon
have Jn ohargft, it will be your duty, and an act
of criminal negujreece if yoa fail to-discharge It,
to preaeot the name of such poreon to the Uourt
for pnomhmmit.
I am not aware, gentlomen, of anything more
fcan say that will more piamly indicate the liuo
of your duty than the simple, plain and comprehen
sive language of tho oath you havo taken that you
"shall diligently inquire, and true presentment
make, pf all public offences against the people
of !he United States or this Territory commit
ted or triable within this judicial district, of
which you shall have or obtain legal evidence ;
you shall present ho person through malice,
hatred or ill-will ; nor have any nnpresentcd
through fear, favor or affection, or for any re
wnrd, or tho promise or hope thereof; but in
all your presentments or indictments, you shall
present the truth, the whole truth, and noth
ing but the troth, according to the best of
your skill and understanding So help you
God."
No true test of tho standard of public morals
can be attained ; and nothing is more conducive
to the public good, than the ijonscientious obser
vance of the solemn obligations of an oath, taken
by the officers of justice. It dispels all doubts,
nlinys rd! uuxiuties, and inspires public confidence
m tho purity of our institutions.
In case3 when you have not tho power to pre
sent by indictment for trial, you have the right to
present in the form of a public complaint, soch
matters as are injurious to tho public, repug
nant to public policy -demoralizing in their in
flumces upon eofltet?. j)c . obstruct the due ad
ministration of cittt gorTneiit
vided, no property af n oilizsn shall b taker, for
public uses without hia consent, and no tax ! vi
ed beyond what may be necessary to nay fc;
veying otitthe town limits and blocking m r
cant lots. And they BhhU aeeS3 upon tW polle
ani ertate of uii proprtyowi r, or resident, in
loceon, their proportion of a tax snfiiclOBt to
pay all such indebtedness as may be incurred in
their behalf by the Mayor and councilmen, in ac
cordance with these provisions, and shall audit
all bills against the municipality.
Resolved, That tho Mayor and councilmen
make a report to tho next Legislature, of their
acts and doings under these resolutions, and re
quest to havo them confirmed, and that a city
charter With proper provisions, be granted to tho
town of Tucson.
Besoi.ved, That the (jovernor be requested
to appoint n, Mayor aud five councilmeu. and
that they hold their office until a government is
established by legislative enactment.
The undersigned agree to conform td" all mat
ters contained In these resolutions, and to respect
and assist the officers appointed under the samo,
and to pay to the Mayor, upon notice, all taxes
assessed by said officers against them jpr Weir
property. Signed :
Wm. S. Oury,
.Turemiah Kiordan,
M.B. Duffield,
James G. Douglas,
H. McWard,
J. G. Capron,
Hill De Armitt,
S Warner,
a. 15. -Wise,
Fritz Contzen,
C. H. Meyers,
H. S. Stevepg,
John B. AHeu,
M. Aldrich.
At & ineetioff of the GiUaeea of t&e town of
Tuceon, Territory of Ariaoaa, hew May sth, 1S54,
for tho purpose of organizing a temporary munic
ipal government.
On motion of W. S. Oury, Esq., General W.
Claudo Jones was called to the chair. !
On motion of W, S. Oury, Esq., Mr. Gregory!
P. Ilarte was nominated Secretary of the meet-;
is.
The objeot of the meeting being explained by
tho President, tho Secretary was called upon to
read the following resolutions, formed for the
adoption of tho meeting.
Eksolted, That tho citizens of tho municipal
ity of Tneson, in tho absenea of any law enabling
them to form a city or town government adapted
to their wants, do hereby temporarily, ana uutu
the necessary legislative action can bo had, estab
lish tho following provisional government :
1st. Tho officers of said municipality shall con
sist of a Mayor and five "councilmen.
2d. 1 ho Mayor shall have tne general powers
conferred on such officers by city charters. All
laws and regulations made by tho majority vote
of the council shall first bo submitted to him for
binding and obligatory upon oil' citizens. It
shall bo his duty to seo that all police aud sani
tary regulations aro observed. That all laws aro
inforeod, and that peace and good order is pre
served. All taxes assessed upon the citizens
snail be paid to him ; and ho shall, from tho
funds in his bands, pay such bills against the
municipality as may havo been justly incurred
and have beeu audited by tho council.
3d. Itidiall be the duty 0 tho council, and
they shall havo tho power to elect from their
number n President, and to appoint a Clerk ;
rind with tho concurrence of tho Mayor to make
all needful sanitary and police regulations, and
establish fucu ordinancea as they may think
necessary to proservo the peaco aud secure good
government, and advance tho permanent pros
perity of Tucson, They shall request tho Judge
of Probate, for this district, to take tho necessary
stops to Uro-empt, under the United btates laws
1
Tho rasoluiioas wore than plaesod
dteouemon.
It boiac mo?ftd and teconded fihat t b.
Uie Secretary M prtaijntec wAyvp ur.
hii approlmtioc aim aotbo, !t,waa Uuai
cer?riftj,
There beirw ao fwrUiec busiaesi, the
adjourned- r "
v. CLAUDE JONES, President.
Gkkgoby P. Hjlrtk, Secretary.
approved Mav 28th, three hundred and
twentv acres of land, outside of tho Pueblo Grant
of Tucson ; and they shall havo tho power, with
the approval of tho Mayor, to lay off tho same, aud
all other lands of tho municipality, into lots ; to
make and tako reservations for public buildings,
and to determiuo tho price, manner and condi
lions on which said lots shall bo Hold. They
shell have the right, subject to tho approval of
tho Mavor, to lay out. locato, and straighten all
strootsWoads nml ways, that the convepionco,
necessity and interests of tho citizens may re-
quiro, nud estimate au damages ineroior rro
At a uieotiug of emigrants from Colorado he!d
at Xort 'Whipple, Arizona Territory, $ta?fttu
18G4, tho Hon Joel Woods was called t'thoi
chair, and W. C. Ilatton appointed SooreUcy,
On Motion, tho chair appointed tne io Dewing
named geutlemen to draft resolutipua ; Judge.
Piatt, R. Short, A. H. Sammers, .0. L.Purgu-
son and Samuel McMartm. .
Tho Committee Reported the' following, which'
were adopted : '
Whereas, we citizous and miners'from Cdoradu'
Territory, having Providentially fallen in a
Fort Wingato, N. M.f with a goremmenfc:
escort of tho 1st Regiment California avahy
commanded by Lt. E, 0. Baldwin, afW travi
ing from that Post to Fort Whipple Item
incumbent upon us to express our fleeHngb J
therefore,
"Riwu.van. That wo tender to T.i KiM ;ii
for his many kindnesses and. his geuUc-manl?
deportment, towards us on all occasions dnrif.i:
our trip, our most hearty ana sipceio rKntw
edKements.
Resolved, That tho conduct of Lt. BuuHir?
aud the mon under his command has. been -k-u
as to warrant us in com mend ing' them rn th
world as soldiers worthy of tho name, aru ur
ticularly of the confidence of their anpjnriof.
KE30I.VKD, I hat our memories shall ftp t, r-
cur with pleasing recollectiouB to opr bojoumi
togetner.
Resoltrd, That tho proceedings of this rime-
ing be signed by the President and fcciui t
and a copy bo presented to,Lt. Baldwin, tni 0-1
to the Company also that tho Editor f ti.
Arizona Miner bo requested to pub: -h uto
same.
On motion tho meeting adjourned.
JOEL WOODS Qbairman.
W. C. Uatton, Secretovy. ' '
The iDiiEK. Everything within us and ,diu..t.
us shows that it never was intended that nwr,
should be idle. Our own haalth and eu:iu:$,
and the welfare and happiness of thoe vrovKl
us, all require that man should labor,
body, soul, all afike sufler and met by
tho idlor Is a iourco of merUl aud uio
to everybody around. He in a i.'nii
worii't ano ueeas aattuient ior trie u
like any othr source of pestilcnc-

xml | txt