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Arizona's Struggle for Statehood with Emphasis on the Proposed Constitution O F 1891

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Arizona's Struggle for Statehood with Emphasis on the Proposed Constitution O F 1891 MASTER'S THESIS M-655 W A L K E R , Walter Wood. ARIZONA'S STRUGGLE FOR STATEHOOD WITH EMPHASIS ON THE PROPOSED CONSTITUTION O F 1891. The American University, M.A., 1964 History, modern University Microfilms, Inc., Ann Arbor, Michigan COPYRIGHT BY WALTER WOOD WALKER 1965 ARIZONA'S STRIJ&GLB FOR STATEHOOD WITH EMPHASIS ON ^ PROPOSED CONSTITUTION OF 1891 by Walter Wood Walker Submitted to the Faculty of the College of Art a and Sciences of the American University in Partial Fulfillment of the Requirements for the Degree of Master of Arts Signatures of Committee Chairman Member_ O Member Dean of the College Date Date 7 ^ 1965-64 The American University Washington, D. C. AMERICAN UNIVERSITY LIBRARY ®EP241964 IMSHINSTOn , D. C ^ 8 TABLE OP CONTENTS CHAPTER PAGE I. INTRODUCTION .................................... 1 II. BACKGROUND OP ARIZONA'S DRIVE FOR STATEHOOD . 4 Arizona and New Mexico: 1848-1863 4 Early Efforts at Statehood .................. 14 Background of the Constitutional Convention of 1 8 9 1 ........................ 18 Background of the Delegates to the Convention ............................. 21 III. THE ARIZONA CONSTITUTION OF 1 8 9 1 .............. 40 IV. ARIZONA'S DRIVE FOR STATEHOOD ................ 74 The First Bid for Statehood ............... 74 The Free Silver C rusade .................... 77 Arizona's Second Bid for Statehood ......... 81 Arizona's Successful Drive for Statehood . 84 V. SUMMARY AND CONCLUSIONS ....................... 96 BIBLIOGRAPHY ........................................ 100 CHAPTER I INTRODUCTION The proposed Arizona Constitution of 1891 was formulated and written as a climax to nearly three de­ cades of territorial rule. It has not received adequate historical recognition, either nationally or locally. Therefore, it is the purpose of this study to explore the historical background and course of development of this constitution, and to demonstrate the national and local historical importance of this first major effort by the people of Arizona Territory to achieve statehood. The Con*^ citution of 1891 was long neglected in the standard historical studies of Arizona. ^ However, since it was the first serious effort for home rule, it deserves a thorou^ historical study as an integral part of Arizona's fervant desire to become a member of the Union. George H. Kelley, Legislative History of Arizonat 1864-1912 (Phoenix, Arizona* Manufacturing Stationers, 1926), pp. 154-55; Edward A. Peplow, Jr., History of ^Izona (New York* Lewis Historical Publishing Company, Inc., 1958), II, p. 9; Prank 0. Lockwood, Pioneer Days In Arizona* Proa the Spanish Occupation to Statehood Tïïew York* The MacMillan Company, 1932), pp. 368-69; James H. McClintock, Arizona* The Youngest State (Chicago* The S. J. Clarke Publishing Company^ 1916), II, pp. 361-362. 2 The drive for statehood in 1891 and the resulting constitution claimed a certain amount of importance in the national spotlight. This was a political act and came at a time when the United States government was dominated by the Republican Party. Arizona Territory, on the other hand, was predominately Democratic. The late nineteenth century was the period when the great silver crusade was at its peak. Arizona was favorably disposed to free sil­ ver which was an important factor in the history of the proposed Constitution of 1891* Finally, the relationship between the constitution and the repeal of the Sherman Silver Purchase Act in 1893 clearly shows the political opinion of the time within the Congress of the United States on the silver issue. Besides Chapters 1 and 5 of this thesis, which are devoted to introductory remarks and the summary, there are three major chapters. Chapter 2 deals with the historical background of the proposed Constitution of 1891* This in­ cludes a survey of Arizona’s efforts to achieve territorial status, her final success, and the early movements toward statehood. Part 3 of this chapter covers the constitution­ al convention and a discussion of the delegates. Chapter 3 is an article by article development of the constitution. This chapter relies heavily upon news­ papers as well as other sources. Chapter 4 traces the 3 history of Arizona Territory's drive for statehood under the Proposed Constitution of 1891. In addition, the national political scene is discussed and important his­ torical conclusions are arrived at in relation to this fiÿst major effort of the people of Arizona Territory to achieve the status of statehood. Chapter IV is an historical account of the final effort by the people to bring Arizona into the Union. This covers the present constitution of the state which was written in 1910; its progressive qualities; and the final acceptance by Congress and President William Howard Taft. CHAPTER II BACKGROUND OP ARIZONA'S DRIVE POR STATEHOOD I. ARIZONA AND NEW MEXICO» 1848-1863 The story of the struggle for Arizona statehood is set against an historical background which began in 1848. When the treaty of Guadalupe-Hildalgo was ratified by the United States Senate on May 30 of that year. New Mexico became a part of the public domain of the United States. The southern boundary was the Rio Grande» the Upper Gila, and a line uniting these rivers just above the present position of El Paso, Texas.^ On August 15, 1850, the United States Senate passed a bill providing a territorial government for New Mexico. The House of Representatives joined this bill with the Texas boundary bill, which the Senate had previously passed, and sent the combined bill to the Senate for its approval on September 9» 1850. President Millard Pillmore signed 2 the bill into law on the same day. By the Texas and New Mexico Act, the boundaries of the latter territory included Arizona, as well as parts of , Hubert Howe Bancroft, History of Arizona and New Mexico I 1530-1888. Volume XVLI of The Works. 39 volumes (San Prancisoo* The History Company, 1889), p. 442. ^Ibid., pp. 457-58. 5 Colorado and Nevada. The eastern boundary of New Mexico ran to the thirty-eighth parallel, which was followed west to the Continental divide at the headwaters of the Rio Grande, thence back to the thirty-seventh parallel. That line was then followed straight west until it met Cali­ fornia's eastern boundary. At this time the Gila River was New Mexico's southern boundary line as well as that which % separated the United States territory from Mexico.^ From 1850 until 1863 Arizona was a part of the New Mexico Territory. Until 1854 county division of the Ari­ zona area consisted of the five or six New Mexican counties whose western boundaries extended to the California line. Since Arizona had few permanent settlements, there existed the bhre semblance of county jurisdiction. The Gadsden Purchase of 1854 added the area between the Gila River and the present Mexican border to New Mexico Territory and, by an act of that legislature in January, 1855, it was at­ tached to Dona Ana County, a part of which it remained until 1863. In records of the time, however, the only in­ dication of county rule is the occasional sending of a criminal to Mesilla for trial. There were justices of the peace at Tucson and so it can be safely assumed that there ^Rufus Kay Wyllys, Arizona» The History of a Frontier State, first edition (!Phoenix, Arizona» Hobson & Herr, 1950), p. 106. 6 were others throughout the county. The lack of adequate county jurisdiction and the fact that this portion of the New Mexico Territory was far removed from the seat of gov­ ernment in Santa Pe, caused a great deal of complaint. This dissatisfaction resulted in the circulation and sign­ ing of petitions asking for a separate territorial govern­ ment for that portion of the territory which is now Arizona.^ A convention was held at Tucson on August 29» 1856 which resolved to send a memorial to Congress urging the organization of the separate territory of Arizona. The memorial was signed by some two hundred and sixty names, and Nathan P. Cook was elected as the delegate to Congress. Cook was not admitted to a seat in that body, but his mis- Sion was brought before it in January, 1857. Because of the limited population, the House Com­ mittee on Territories reported against a territorial or­ ganization for Arizona at that time. It did, however, recognize the unfortunate condition of the people in the lack of adequate government. Accordingly, it recommended a bill to organize a judicial district south of the Gila; to appoint a surveyor-general; to provide for representa­ tion at Santa Fe; and to regulate land claims and mining ^Bancroft, History of Arizona, pp. 503-4. Wyllys, Arizona: The History of a Frontier State, p. 135. 7 titles. Such a bill was passed by the Senate in February, 1856, but was never acted upon by the House. President James Buchannon added a slight note of encouragement when he recommended a territorial government for Arizona in his message to Congress in 1857.^ On December 17, 1857 Senator William M. Gwin of California introduced a bill which would provide for the organization of a territorial government within the Gadsden Purchase. The bill was referred to the Senate Committee on Territories, and while there, the New Mexico territorial legislature passed resolutions in favor of the measure. Added to the resolutions were recommendations for a north and south boundary line on the 109th meridian and a re­ quest that all New Mexican Indians be removed to Northern Arizona. In spite of New Mexico’s approval, Gwin’s bill 7 did not pass the Senate. During the year 1857 several favorable petitions were received from^.different parts of the Union which encouraged the people of Tucson to hold an election for a delegate to Congress. Sylvester Mowry was elected ^Bancroft, History of Arizona, pp. 504-5.
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