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1862.

not understand the paper. some ambiguity about it.

THE CONGRESSIONAL GLOBE.

There seems to be

Mr. WATTS. But that does not matter. I contend that if there was but one solitary white man there, he is entitled to civil law and protection.

Now, sir, let me allude to the remark of the distinguished member from Kentucky, [Mr. WICKLIFFE.] There may be a well-grounded dispute in the minds of some people as to who are white and who are black. [Laughter.] There are many men in the Territory of New Mexico, who, by living constantly in the open air, and exposed to the rays have become bronzed in comof a burning sun, plexion, and yet who are neither of African nor of Indian blood. Whatever may be their color, the treaty stipulations between the United States and the republic of Mexico have invested them all with all the privileges and immunities of American citizens. Hence they are denominated whites, although some of them may be of a darker complexion than the members upon this floor.

Mr. MAYNARD. I wish to inquire of the gentleman from New Mexico whether this bill includes within its proposed limits the whole of Arizona county?

Mr. WATTS. It includes within its limits not only the whole of Arizona county, but it also includes the western end of all the other counties of New Mexico. The gentleman will see all of these things by looking at the map.

Mr. MALLORY. Will the gentleman from New Mexico permit me to inquire whether the people of the county of Arizona are not now included under the government of the Territory of New Mexico? I think that they are, and yet the gentleman spoke of the injustice of depriving the people of the county of Arizona of the benefits of government. As I have said, the people of that county are included within the Territory of New Mexico, and therefore it cannot be truly stated that they are deprived of the benefits of govern

ment.

Mr. WATTS. The people of the county of Arizona are included within the present Territory of New Mexico; but, sir, they are distant some seven hundred miles from the other inhabited portions of that Territory. They have not had a judge or a court, or anybody to furnish them with justice. There has not been a judge or a court there for the last ten years.

Mr. MALLORY. Does not the Territory of New Mexico furnish them with justice?

Mr. WATTS. In the southern part of New
Mexico there has not been a court for three years.
Mr. MALLORY. Perhaps it did not need it.
As to the limits and bounda-
Mr. WATTS
ries of this Territory, it is a matter in which the
people of New Mexico are most deeply interested;
and if anybody has a right to complain of the
organization of a new Territory within the pres-
ent limits of the Territory of New Mexico, it is
the Delegate who represents the interests of the
people of that Territory. And, sir, if I could
have an assurance from this House that Congress
never would divide the Territory of New Mexico,
but would forever let it remain within its present
boundaries, I would object, perhaps, to the erec-
tion of this new Territory of Arizona. But I know
and feel that it will not be left undivided. It is a
Territory large enough to make four States of the
size of New York or Pennsylvania, and I know
and feel that it will not be allowed to remain un-
divided. I know that it will be considered too
A division of the Terri-
large for one Territory

tory must and will come sooner or later; and if it
is to come, had it better not come now before the
people there become attached to each other, and
before in their intercourse they become so inter-
twined as one people that to disrupt the Territory
will cause the most unpleasant and painful sensa-
tions. I know how the people of the Territory
of New Mexico felt; I know how I felt when a
preceding Congress, merely for the purpose of
beautifying the lines of the new Territory of Col-
orado, took sixty miles broad and two hundred
and fifty miles in length, and five thousand of
population from the Territory of New Mexico.
Yes, sir, Congress took those people and put them
with a people alien in laws, alien in language,
alien in association, and simply for the purpose
of beautifying the lines of the new Territory of
Colorado.

Mr. BENNET. Mr. Speaker, I understood the gentleman from New Mexico to say that he

desired the organization of this new Territory of
Arizona, as provided for in this bill, because the
Territory of New Mexico was still too large. If
that be so, I do not see why he should complain
that Congress should take a portion of it for the
Territory of Colorado when it was still larger.
We have certainly taken better care of that people
than the Territory of New Mexico ever did, be-
cause we are giving them post offices and post
roads. We have given them many benefits and
privileges which they did not have under the Ter-
ritory of New Mexico.

Mr. WATTS. I am much obliged to you.
[Laughter.] I hope that you will take Arizona
under your protection.

But, sir, my line of argument was this: if there is to be a division of the Territory of New Mexico, it had better come now, before it would interrupt the business and associations of the people there. I am for leaving the people of the Territory of Arizona to start upon their own basis, to live under their own government, and to be protected by their own laws.

A word or two, sir, about the question of bound-
aries. If you will look at the map, you will find
that the boundaries provided for in this bill are
simply these: at the southwestern corner of the
boundary of the Territory of Colorado, where it
touches the northern boundary of New Mexico,
you run a line due south until it divides the Ter-
ritory of New Mexico into two equal parts or
thereabouts, the eastern portion being the Terri-
tory of New Mexico and the western portion be-
ing the proposed Territory of Arizona.

Now, what is the duty of a Government to its
people? IfI understand anything about it, the first
duty which the Government owes to its people
is to give them both military and civil protection.
In this case the Government is under a double
obligation to furnish protection. By the chance
of unsuccessful war with the republic of Mexico,
she was, under the treaty of Guadalupe Hidalgo,
compelled to relinquish her right to a portion of
her territory and her right to protect a portion of
her people, endeared to her by ten thousand pleas-
ant memories and hopes, and doubly endeared
by ten thousand painful forebodings for the fu-
ture. She struggled with heroic fortitude to throw
around them all the protection held sacred and
honorable among nations. It was with that pur-
pose that, in the treaty of Guadalupe Hidalgo, a
clause was inserted that that people should have
all the rights and privileges and immunities of
American citizens. We pledged the honor and
faith of the nation to that effect. Yet, sir, the
people of that Territory have been driven from
their homes by the savage Indian, because of the
want of protection on the part of this Government.
They have not had the protection that it was stipu-
lated they should have, and if the policy suggested
be adopted, the population of that Territory will
become "fine by degrees and beautifully less."
The tender mercies of the Indians and the more
ferocious conduct of the rebels will not leave one
of them there. Shame upon such a policy, and
shame upon such a violation of our plighted faith.

Mr. MAYNARD. I asked the Delegate from
the Territory of New Mexico a few moments ago,
whether the proposed Territory of Arizona in-
cluded all of the county of Arizona, and I under-
stood him to say that it did include that and more
too. This bill proposes the following boundaries:

Beginning at the point of intersection of the forty-second degree of north latitude with the thirty-eighth degree of longitude west from Washington; thence running south on the said thirty-eighth degree of west longitude until it intersects the northern boundary line of New Mexico.

That would divide the Territory of New Mexico into nearly two equal parts, and would have the effect of leaving a part of the county of Arizona out of the proposed Territory.

Mr WATTS. By a law of the Legislative Assembly, the county of Dona Aña was divided, and the western half was constituted into the county of Arizona, and it was of that western half I have been speaking.

Then, by the treaty of Gaudalupe Hidalgo we are under solemn obligation to extend protection to that people, and we are also under the further obligation of good faith not to permit those savages, those wild Indians, ten thousand in number, to make forays into the neighboring States of Sonora and Mexico, involving us in difficulties and heart-burnings and questions of comity with

the latter republic. In the condition in which
things now are, there is a border of seven hun-
dred miles bounding the States of Chihuahua and
Sonora, where we have not a single fort, a single
soldier, or a single man with which to enforce
our treaty stipulations and comply with these
solemn obligations. Our troops have been with-
drawn, and this vast frontier is opened to these
ten thousand savages to plunder the citizens of
Arizona and Sonora. Is there any fair and can-
did man, any just man, who can for a moment
pretend that it is not a serious and solemn duty
to extend protection to that country?

Now, as to the question of population, I find that Dakota Territory was organized, during the Thirty-Sixth Congress, with a population of four thousand eight hundred and thirty-nine; that Nevada Territory was organized with a population of six thousand eight hundred and fifty-seven; and that Washington Territory was organized with a population of eleven thousand five hundred and seventy-eight. So that, so far as the question of population is concerned, I do not consider that there is any obstacle whatever in the way.

But there is another thing: whenever anything is to be done giving protection to life and property of these exposed pioneers who risk their life and property upon the frontier, there arises the everlasting and ever-recurring question of expense. It will cost something to protect these people, and therefore they must be left to be plundered and desolated. It is all right for millions upon millions to be expended in the creation of gunboats and fortifications upon the sea-coasts, to protect the commerce and rights of property in those parts of the Union, as it floats upon the ocean; but when a poor distant Territory, exposed to every outrage, and liable to be plundered at every corner, asks for a little money to be spent for its protection and government, it cannot be done because it costs something to do it.

Mr. WHEELER. I wish to make an inquiry of the gentlemen as to how far the civil officers of the territorial government can protect the inhabitants there. I ask him whether the protection must not come from the military force of the Government alone, and whether, instead of putting this money into the pockets of these dignitaries, it would not be better to give it to the military arm of the Government?

Mr. WATTS. I want both the civil and the military branch. I do not desire, under the law and the Constitution, that the rights and privileges of any people should be left to the temporary whims and tender mercies of a military commander who is two thousand miles away from the source of power and responsibility. My experience has satisfied me of the injudiciousness of any such policy; and it has satisfied me that wherever the people with their rights and property go, there civil administration should go to protect them, and throw around them the shield of law and civil institutions.

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We shall have to incur the expense at some time or other; and inasmuch as that expense must be incurred, and in the end the expense will be no more to extend a territorial government over that country now than at a future time, I desire to have it done now. And prudence and good enter upon the protection of that people, because judgment admonish us that now is the time to we have a surplus of military force already in the service of the United States that can go along there with the civil government to aid in establishing order and giving protection to the people in their rights.

Mr. GURLEY. As the gentleman has referred to the matter of expense, I wish to say here that the people of the States have already spent more than one million of dollars in opening the silver, copper, and other mines of that Territory. Several of my constituents have been engaged in that work, and one gentleman of Cincinnati has spent $50,000 in opening silver mines. The question arises, whether the Government is not in good faith bound to protect those people who have gone I say that the out there to open those mines. matter of expense in establishing a government is a mere nothing, the smallest trifle, compared with the advantage of opening up those mines and settling the Territory, as several companies from several States have attempted to do. They should be protected by the Government, and the matter of twenty, thirty, or forty thousand dol

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lars in salaries, is nothing to the country compared to the advantages arising from an established government.

Mr. WHEELER. Does the gentleman from Ohio hold that the obligation to afford protection will be any stronger or more sacred to these people as residents of the Territory of Arizona than as the present residents of the Territory of New Mexico? And what degree of protection, under existing circumstances, could a civil government afford?

Mr. BENNET. Before the gentleman passes
from the point he has been considering; I wish to
say that I am not opposed to this bill, I do not
wish to be so understood at all. But when he
talks about the protection of these people, I desire
to take this occasion to say that protection for the
people of New Mexico is being furnished now at
double quick. A thousand volunteers from the
Territory of Colorado have marched to that Ter-
ritory, making over four hundred miles in the
short space of thirteen days, and the last one
hundred and sixty miles at the rate of forty miles
a day. They were marching towards the enemies,
not only of New Mexico, but of the entire coun-
try; they met them, and when they met them,
they whipped them.

Now, I would suggest to the gentleman from
New Mexico, so far as the protection of the peo-

Mr. GURLEY. I admit that it is impossible that they should receive adequate protection at this time; but I expect that civil government will be backed up and sustained by the military arm. Mr. WATTS. A moment's reflection will satisfy this House that where a member of the Legislature has to travel from the county seat in Arizona, seven hundred miles, to the capital of Newple of Arizona is concerned, let him continue the Mexico, to attend the Legislative Assembly, in a country two hundred miles in width, wholly inhabited by hostile tribes of Indians, that the intercourse between those regions will not be very frequent or very beneficial to the civil rights of the people who are to be governed. It will not be sufficient to compensate for the extraordinary risk encountered by a judge. It will require for a judge to go from Santa Fé to Tucson, the county seat, two months' travel, and then he would have to hire an escort and take provisions upon pack mules.

Mr. MALLORY. I would inquire of the gentleman if there is any difficulty in that Territory to get men to travel from the Territory to Washington city, to serve in the Congress of the United States?

march of the Colorado boys down into that coun-
try and clean out the enemy, and then he can
peacefully organize a civil government there. That
is the way, I think, to afford substantial protec-
tion to the people there. Send men there armed
with muskets, and not men clothed in ermine.
Send the Army there first and clear out the ene-
my, and then civil government will follow in its
wake.

tallic part; and, secondly, as to the proportion of silver in the whole specimen, including the earthy or silicious matrix; as it was said to be a fair representative of the average quality or condition of the ore.

The metallic portion, being black and lustrous, is easily distinguishable at sight from the gang, which is a bluish white stone.

In the first case I found, upon repeated trials, a variation from 11.6 per cent. to 19.2 per cent. of metallic silver; the remainder being chiefly copper, with other metals not yet determined. They are all, of course, in the state of sulphides. A mere trace of gold was found.

In the second case, operating upon the whole specimen, I found an average percentage of 4.2 per cent. of metallic silver. As it is usual to estimate ores by the bushel, cord, or ton, (the last being the most definite term,) I may state that ore of this quality would yield $1,660 to the ton of two thousand pounds.

This prodigious return imparts a great interest to the examination; and I shall take pleasure in making a further search for the other metallic constituents, and will acquaint you with the results, probably adding some remarks as to the most feasible and economical mode of extracting the silver in the large way.

I may add that there is a very marked difference between this silver ore and the product of the famous Washoe mines in Utah Territory. The Arizona silver is accompanied with copper-the Washoe with lead; both are surprisingly rich in silver, but the latter is accompanied largely with gold; other striking points of difference need not here be dwelt

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upon.
Very respectfully, your obedient servant,
J. R. ECKFELDT, Assayer.
Hon. JAMES POLLOCK, Director, &c.

Mr. WATTS. It appears from that communication that upon an actual test of an ordinary specimen of the silver ore from this mine, it produces $1,600 to the ton. I have another specimen before me that produces twelve hundred pounds of lead to the ton. I have another specimen of silver that produces $800 to the ton; and I have a specimen of copper before me from the mines of that Territory that produces ninety-five per cent. of copper, almost pure. One of the ob

Mr. WATTS. I am much obliged to the Delegate from Colorado for the tribute which he has paid to the patriotism, courage, and endurance of that noble band of one thousand volunteers who went to the relief of the overrun, distressed, and down-trodden Territory which I have the honor to represent; and my only regret is that they were not followed by another thousand and another thousand still of the same sort, which it will be necessary to send to that Territory before we are entirely relieved from the pressure of the thirty-Jects of organizing a territorial government for five hundred confederate troops that are now desMr. MALLORY. I thought so. I would ask,olating the southern portion of the Territory. then, why there is any greater difficulty to get members of the Legislature to travel from Arizona to the capital of New Mexico?

Mr. WATTS. I will say to the gentleman, that they are there about as ready to make their appearance here as gentlemen are from Kentucky. [Laughter.]

Mr. WATTS. I have explained the difficulty. There is no line of communication opened. A man has to go upon his own risk and run the gauntlet of ten thousand hostile Indians. If the same outrages which have been perpetrated upon the people of that Territory with impunity, had been perpetrated upon the constituents of the gentleman from New York, or those of the gentleman from Kentucky-if one hundred and fifty or two hundred of the people of their districts had been chained to wagon wheels and burned, along with their property, or hung up by the heels and roasted to death-the eloquence of the gentleman would ring through this Hall and through the country until it would have nerved the hearts of the people as hearts of steel to avenge such outrages. But it is different with this far-distant, plundered, and forgotten Territory, which seems to be bereft of friends to do it the smallest justice. But I do not despair of their cause yet. Before I conclude this question, I wish to appeal to the members of this House, and ask if they have yet the feelings of manhood and humanity in their bosoms.

Mr. MALLORY. I will say to the gentleman from New Mexico that there is no man in this House who feels a greater interest than I do in extending to every man in Arizona and New Mexico all the protection necessary to their lives and property; but I will suggest to the gentleman from New Mexico that it is as much the duty of the Government of the United States-and to that Government they must look for protection-to afford that military aid which will save them from the evils to which he has adverted, while they remain citizens of New Mexico, as it would be to protect them after they become residents of another Territory. I do not see how the erection of a territorial government in Arizona will enable the Government of the United States to furnish military protection to that people with more facility than that Government can furnish protection now.

Mr. WATTS. We have had a specimen of that kind of connection for the last ten or fifteen years, and it has resulted just as I have been attempting to show the House.

But there is another consideration, and a very important one. I desire, and I think the country desires, that the vast mineral resources of this country shall be developed and properly developed.

Mr. LOVEJOY. I wish to suggest to the gentleman that there is this reason for a civil government even if a military force is sent there, that we do not want to intrust the admininstration of the civil government in the hands of military men. They should go simply to protect the civil gov

ernment.

Mr. WATTS. Mr. Speaker, it is the general impression that this distant Territory is a Godforsaken portion of the world, of no interest to anybody, and that nobody need take any interest in. Now, I wish to satisfy the House that this is a mistake; that although every acre of ground that is within the limits of Arizona will not produce seventy-five or eighty bushels of corn, it will produce seventy-five or eighty or one hundred dollars' worth of the precious metals, including gold; and I think the experience of the world is begining to show that cotton is not king, or if it is, that gold is not only king, but king of kings; and that any nation which commands gold-the circulating medium of the world-and is enabled to produce sufficient food for the men who are digging it out from the inaccessible mountains, are destined to have the privilege and the right to govern the world. I hold in my hand a specimen of the productions of the Territory of Arizona. I can send it to the Mint, at Philadelphia, and when examined and assayed, it will produce in the article of silver alone $5,000 to the ton. That is a choice specimen. I hold in my hand an assay from the Mint, at Philadelphia, of an ordinary specimen from the same vein. I ask the Clerk to

read it.

The Clerk read, as follows:

MINT OF THE UNITED STATES,
PHILADELPHIA, May 2, 1862.
DEAR SIR: The inclosed report of the assayer of the
Mint exhibits the quality and richness of the silver ore
"from the Heintzelman mine in Arizona," left by you for
assay. The results of the examination are highly satisfac-
tory.
Yours, truly,
JAMES POLLOCK,
Director.

Mr. CHARLES D. POSTON.

Report.

ASSAY OFFICE, UNITED STATES MINT,
May 1, 1862.

SIR: The specimen of silver ore, stated to be from the
Heintzelinan inine in Arizona,” left with you by Mr. Charles
D. Poston, is a sulphide of silver and copper, contained in
quartz rock.

On account of the call for an early report, I have thus
far made only an examination with reference to the con-
tent of precious metal. Two kind of results were aimed
at: first, as to the proportion of silver in the strictly me-

that distant region is to enable the hardy miners, the pioneers, in the discovery and working of the mines, to go there in peace and quiet, with the protection of law and order, military and civil, thrown around them, in order that the vast and untold resources of that magnificent mineral region may be fully developed.. I undertake to say, from my intimate knowledge of that section of country, that if such protection is extended to it, the Territory of Arizona alone will furnish to the circulating medium of the country $50,000,000 per annum in the articles that I have exhibited to you; and it is a shame to the American people, and to the American Congress that the mineral wealth of this country is better known and more highly appreciated in London and Paris than it is in an American Congress, and by the American people.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. FORNEY, its Secretary, informed the House that the Senate had passed a bill (S. No. 297) to limit the appointment of major generals and brigadier generals in the Army and volunteers; in which he was directed to ask the concurrence of the House.

TERRITORY OF ARIZONA-AGAIN.

Mr. WATTS. Mr. Speaker, there are other considerations to which I desire to refer. It is important to lay the foundation for a future State there. Look at California. California alone, since the first discovery of gold in that vast region-in 1848-has furnished to the circulating medium of the United States $750,000,000 of gold. All this vast region of country that I am now speaking about is lying idle and unproductive. It furnishes no capital to the country for the reason that it is roamed over by savage Indians, who come down upon the settlements, and spread desolation and destruction. This rich and bounteous country will bountifully repay your protecting

care.

An Italian sunset never threw its gentle rays over more lovely valleys or heaven-kissing hills, valleys harmonious with the music of a thousand sparkling rills, mountains shining with untold millions of mineral wealth, wooing the hand of capital and labor to possess and use it. The virgin rays of the morning sun first kiss the brow of its lofty mountains, and the parting beams of the setting sun linger fondly around their sublime summits, unwilling to leave to darkness and to night such beauty and such grandeur. If there be a single thought which lights up the oft times gloomy pathway of the faithful legislator, it is the sweet reflection that he has been instrumental in protect

1862.

THE CONGRESSIONAL GLOBE.

ing the rights of a distant, feeble, and oppressed people against the merciless barbarities of a powerful and treacherous savage foe. Let it not be said of us that, while we are ready to spend untold millions of money and thousands of lives to protect our own lives and property, the appeal of this distant people falls upon our bosoms

"Cold as moonbeams on the barren heath."

Let it not be said of us that we have the power to conquer and annex provinces, but not to protect or defend them. Let us indulge the pleasing hope that whenever and wherever our country plants its victorious banners upon foreign soil, it does so to bless, not to desolate it.

protection of the citizens who emigrate to the Ter-
ritories of the United States. For the first time,
I believe, in the history of our legislation, have
the people of a Territory asked that a portion of
such Territory which, from physical disabilities
they were not able to protect, should be taken off,
and organized into a separate government. I do
not intend to take up the time of the House in dis-
cussing our duty to resident citizens who have
gone there. Shame and disgrace attach to a nation
that is incapable, or that neglects or refuses to pro-
tect its citizens. Citizens from my own State, and
of my own acquaintance, have gone into this Ter-
ritory with the positive assurances of the late Ad-
ministration that they would be protected, who
have not only sacrificed all their wealth invested
there, but many of them have lost their lives.
For the first time in the history of our Govern-
ment have the white settlers in the Territory been

I am a filibuster, I confess it; but my mode of attacking the Governments which surround us is not after the manner of Walker, of Lopez, or of Crabb. I propose to erect within their gaze an altar dedicated to justice and liberty, and I pro-driven from their homes, leaving their property, pose to keep the sacred fire constantly burning on that altar so bright and beautiful that the world may see its light, and by approaching feel its warmth. Nations will rush to worship at this shrine, and stay to live within the circle of its brightness. If we are but true to ourselves and our country, a noble destiny awaits us. We lead the van of nations in the movements of empires. Our fathers are shouting "onward" from the records of the past; posterity is beckoning to us from the bosom of the future.

Mr. WICKLIFFE. I have no desire to make a speech upon this question, but I wish to offer a proviso to the last section but one.

The SPEAKER. No amendment is in order

at this time, a motion to postpone being pending. Mr. WATTS. I move the previous question on the motion to postpone.

The previous question was seconded, and the main question ordered.

The SPEAKER stated that the gentleman from Ohio, [Mr. ASHLEY,] who reported the bill, was entitled to the floor for one hour, to close the debate.

Mr. COX. With the permission of my colleague, I would like to make a motion to strike out the third section of the bill, which contains the Wilmot proviso. It will strengthen the bill, and I know he is anxious to pass it.

Mr. ASHLEY. I cannot yield to my colleague for that purpose. An amendment has been prepared which I have agreed to accept, striking out the part of it relating to other Territories.

Mr. COX. At the proper time I will make the

motion.

WAGON ROAD IN COLORADO.

Mr. BEAMAN, by unanimous consent, reported from the Committtee on Territories a bill making appropriation for the construction of a wagon road from Denver, in Colorado Territory, by the way of Clear creek and the Middle park; to Salt Lake City, in the Territory of Utah, and for other purposes; which was read a first and second time, referred to the Committee of the Whole on the state of the Union, and ordered to be printed.

TERRITORY OF ARIZONA-AGAIN. Mr. ASHLEY. Mr. Speaker, when this bill came up, two or three weeks since, for the consideration of the House, I stated in my place that I did not desire to have it put upon its passage then, if any member desired to discuss it. No gentleman rising at that time, I demanded the previous question on the third reading. I did so at the suggestion of a gentleman at my side, a better Parliamentarian than I profess to be. And when I declined to yield to my colleague on the comnittee, [Mr. WHEELER,] it was in consequence of a misunderstanding. I was told that if I yielded, as the morning hour would expire in three minaates, I would lose control of the bill. I therefore declined to yield, not from a desire to cut off my colleague, for I understood then, as I do now, that ordering the main question on the third reading left debate open, but prohibited amendments, which I desired to do. I think this explanation due to the House and to my colleague on the committee.

Mr. Speaker, the strange spectacle is presented to-day, in this House, of a people who have no Protection from this Government asking it through their Representative, and, if the motion to postpone prevails, of its being practically refused, by Le very men who, of all others, are pledged to the

to the amount of millions, at the mercy and control
of savage Indians. I knew but little of that Ter-
ritory, except as I gathered it from friends who
had gone there, and from gentlemen who had called
on me to urge the necessity of establishing a ter-
ritorial government there. Not on my motion,
sir, was a bill first introduced here for the organ-
ization of this Territory. On the 24th of Decem-
ber last, the Delegate who represents that people,
who is supposed to know their wants quite as well
as gentlemen residing thousands of miles away,
introduced a bill for that purpose. It was drawn
up in the usual phraseology, and contained forty
or fifty sections. But I preferred to have a short bill,
Something like the old bills organizing govern-

ments under Jefferson's administration, such as
the bill organizing Ohio. I therefore reported this
bill which has but three sections, and contains the
Jeffersonian proviso, without which I could not
consent to the organization of this Territory. I
therefore declined to yield to my colleague [Mr.
Coxj to move to strike it out, for if it is organized ||
by this Congress it must be free.

I did not report this bill without having satis-
fied myself that the people of this Territory had
sufficient population to entitle them to a territo-
rial government. I will state, for the information
of the House, some facts in connection with the
history of the population of other Territories at
the time of their organization. The Territory of
Indiana was organized on the 7th of May, 1800,
The Territory
with a white population of 4,517.
of Mississippi was organized on the 10th day of
May, 1800, with a white population of 5,170. The
Territory of Michigan was organized on the 11th
of January, 1805, with a population of 4,818. The
Territory of Illinois was organized on the 11th of
February, 1809, having been detached from the
11,501. The Territory of Minnesota was organ-
Territory of Indiana, and it had a population of
ized on the 3d day of March, 1849, with a popu-
lation of 6,038. The Territory of Washington
was organized on the 2d of March, 1853, having
been detached from the Territory of Oregon. There
is no statistical information giving the exact num-
ber of inhabitants of that Territory at the time of
its organization; but I have consulted the Delegate
from the Territory of Washington, who was then
and is now a resident of that Territory, who thinks
that its population could not have exceeded 2,000
or 2,500. At all events, after a territorial organ-
ization of nearly ten years, its population at the
census in 1860 was only 11,578.

The Territories of Kansas and Nebraska, as
gentlemen are aware, were organized on the 30th
inhabitant in either of them, by authority of law.
of May, 1854, when there was not a resident white
Those who were there were intruders, in contra-
vention of a law excluding every white man from
the Territory who was not connected with the In-
dian agencies. The Territory of Nevada was
organized on the 2d of March, 1861, when it had
a population of 6,857. It was detached from the
Territory of Utah, over which there was at that
time a territorial government, as there is to-day
a government of form merely over the people of
Arizona, who ask for this territorial government.
The Delegate from Nevada informed me to-day
that the recent census, taken some six months
only after the organization, shows a population
of 17,000 souls, with two daily newspapers in the
Territory; proving that that organization which
secures life and property, and which gives civil
protection, had brought these people to the Ter-

ritory, where, with the teeming wealth that every-
body knows exists there, they will have within
a year a population greater than that of the State
of Oregon. On the 2d of March, 1861, the Ter-
ritory of Dakota was organized with a popula-
tion of 4,839. The Territory of Arizona, as pro-
posed to be organized, has in that part of it alone
which is called Arizona county, 6,466 white in-
who live in their homes and till the soil.
habitants, 21 colored, and 4,040 civilized Indians,
Census Bureau have no official returns from the
included in the limits of the new Territory.
remaining part of the country proposed to be

The

Now, Mr. Speaker, this is the position of that Territory to-day. It is said, and I suppose with some truth, that a large portion of this population But my information from has been driven out.

the Territory and from General Heintzelman, who called upon me, and who was there for a number of years, and built Fort Yuma, is, that those people are driven into the State of Sonora, and that the moment the Indians and the secessionists, who have control of the Territory, retire, they will go back to their homes and resume their claims on the mines. General Heintzelman said to me, in a conversation I had with him about the importance and necessity of organizing a government for this Territory, that, had it been organized five years ago, it would have contained to-day from fifty to seventy-five thousand population, who have been in the Territory and failed to remain there because of the insecurity of person and property. That is the statement of a man who was there as a military officer of the United States.

Now, sir, let us see what has been the opinion of men who have had this subject-matter under consideration before it came into my hands. Let us see the importance attached to the organization of this Territory by men who have been regarded as statesmen. Senator Gwin, of California, introduced a bill for the organization of this Territory as early as 17th December, 1857. Senator Douglas, who was then chairman of the Committee on Territories, reported back a bill to the Senate, and recommended its passage. So long ago, then, as 1857, it was thought to be not only the duty of the Government, but to be expedient and proper, by the gentleman having charge of this matter, that a territorial government should be organized for that Territory. On the 4th of February, 1859, Senator Green, of Missouri, introduced a bill for the organization of Dakota and Arizona, he being then a member of the Committee on Territories. Jefferson Davis, a Senator at that time from the State of Mississippi, introduced a bill for the organization of the Territory of Arizuma, which was referred to the Committee on Territories, and Mr. Green, then chairman of that committee, reported back substantially this same bill, with the recommendation that it pass.

This Territory has elected three Delegates, at three separate and distinct elections, and sent them here to claim seats in this House, asking that the Territory be organized, and the protection due from the Government to the people there be extended to them.

Now, I undertake to say here in my place, that if a territorial government had been organized in that Territory, and proper protection extended, the mines which are undeveloped in that region, and which are richer than those of Colorado, would have called to it a larger population to-day than now exists either in the Territory of Colorado or the Territory of Nevada. But for the lack of proper protection it was incapable of sustaining and defending itself against the horde of Indians who make their inroads there, and the small band of secessionists who have been able, by conspiring with those Indians, to drive out the loyal Union men who here to-day ask your protection. These, sir, are facts which no gentleman of this House, here or elsewhere, can gainsay.

Now, sir, I ask the attention of the House to this map [unrolling a map of the proposed and surrounding Territories] which will show what an immense Territory this is, and the boundary with which it is proposed to be organized. Here is the Territory of New Mexico, nearly a thousand miles in length from the eastern to the western boundary. It is proposed to constitute this Territory by running a line from the southwestern boundary of Colorado, as is shown by this line, making a Territory larger than Nevada, larger than Colorado, larger than Utah, larger than the

State of New York, and larger than any other
State in the Union except Texas.

Now, that territorial organization will secure the largest proportion of emigration which now goes into California by the great southern mail route. That is the testimony of General Heintzelman; and from the location of Fort Yuma, built by him, that and a fort at or near Calabagas, properly garrisoned, will afford all the protection that will be needed for the Territory and the government now proposed to be organized.

Now, I do not propose, as I said in the outset, to take up the time of the House in the discussion of the importance and necessity of this measure. The honorable member from New Mexico, in the able and eloquent speech to which the House have just listened, has left no part of the ground unexplained, which I intended to occupy when I yielded the floor that it might be awarded to him, and I could not if I would add anything on the points he has so clearly presented, and with which from a residence of many years in that Territory he must be so familiar.

The band of secessionists now having control of this Territory must be driven out of it, and there is no way by which this can be done so easily, and the Territory so effectually secured to the Union, as by giving it a territorial organization; such an organization as is asked for by the people who live there; such an organization as will afford it local protection. Why, sir, I have been informed by a gentleman in whose integrity I confide to the utmost, that for more than three years no court has been held in that entire Territory; that murders of our citizens have been perpetrated with impunity, not only by savages, but by the very men who are now in rebellion against the Government, and assume to govern the Territory in the name of Jeff Davis and the so-called southern confederacy.

That this Territory must be wrested from its present occupants all admit. It is in the possession of a small but desperate band of outlaws and marauders, who were driven from Kansas and the other frontier States of the South and West. They have been enabled by conspiring with the savages, to drive out and despoil all the Union citizens, many of whom are to-day in the State of Sonora, Mexico, anxiously awaiting the time when the Government shall again assert its just authority over the Territory, and afford them that protection to which they are entitled, in order that they may return to their homes.

I hope the members of this House will not allow the appeal of the gentleman from New York, [Mr. WHEELER,] on the score of economy, to prevent them from discharging their solemn duty to our citizens. But I undertake to say that, in an economical point of view alone, it is the cheapest, best, and most effectual way of saving that Territory to us, and of protecting our citizens.

Speaker, that we fail fully to comprehend the wan' and necessities of this perilous hour for the coun try. Men are so accustomed to run in grooves that even revolutions fail to lift a majority of those whom we have been accustomed to call leaders to the level plane of passing events. History informs us that most of those who have been regarded in times past as great statesmen and military heroes have fallen victims to their inability to rise to the level of the revolutionary plane. Unable to meet and overcome the exigencies of the hour, they have folded their arms, and, like Na

But in addition to this, I desire to say that there rests upon the majority of this House a solemn obligation to pass this bill, and to pass it substantially as we have reported it; to pass it prohibiting slavery in the Territory, as it is their duty to dedicate all our national Territories to freedom. At the request of the Delegate from New Mexico, I have consented to amend the bill by striking out Washington, and inserting New Mexico, and to make one other amendment striking out all that part of the bill which relates to other Territories, and permit the prohibition of slavery to extend only to the Territory now proposed to be organ-poleon before Moscow, faltered, hesitated, and ized. I have done so because it has been represented to me by several members on this side of the House, for whose opinions I have great respect, that the general provision proposed on the subject of slavery in other Territories should be made in another bill. My colleague on the committee, from Illinois, [Mr. LOVEJOY,] has in his charge, by direction of the committee, the bill introduced into the House some time ago by Hon. Mr. ARNOLD, of Illinois, and which contains substantially the same provision touching the question of slavery in the other Territories. I have, therefore, consented to have the prohibition for other Territories omitted in the Arizona bill.

Now, Mr. Speaker, I have given to the House the facts in relation to this matter. How much wealth has been carried into Arizona that is utterly and forever lost unless this House now organizes this Territory I cannot say, but the amount must be large. The citizens of Ohio alone have more than a million of dollars invested there, and the citizens of other States have invested large amounts.

Mr. GURLEY. I wish to state to the House that I see a gentleman in the gallery who has spent $50,000 of his own money in opening mines in Arizona, who was driven away by the Indians; and if the Government would only afford him and his associates, and others who may desire to go to that Territory protection, they will in return give us millions upon millions of dollars in silver. Gold has become so common now that we do not care much about it. Legal tender is as good as gold, and a little better, by our law. [Laughter.] But this Territory is peculiarly rich in silver. As my colleague, [Mr. ASHLEY,] and as I have learned from my constituents who have gone there, I believe that $50,000,000 per annum would in a short time, say a few years, be extracted from the mines of that Territory in silver, if you will only protect the miners, so that they need not be compelled to work, holding the rifle in one hand, and the pick in the other, as they have hitherto been compelled to do.

I wish to say that my attention has been called to this subject from the fact that I have many constituents who have been out there, and engaged in mining. Several prominent gentlemen from Cincinnati have lost their lives in that Territory. For myself, I have nary gold mine nor silver mine in the Territory.

Mr. ASHLEY. Mr. Speaker, so far as I am concerned, the amount of earthly treasure which I have laid up in this world is very small; I trust that in the other it will be proportionately large. I, too, have no gold or silver mine in Arizona. I have friends there, however, who have invested large amounts in that Territory, and who will sacrifice all if the present condition of affairs should continue. I have had friends there whose lives have been sacrificed. I have conferred with gentlemen who have lived years in that Territory, who state-and their statement is confirmed by General Heintzelman-that whenever it is organized, from $50,000,000 to $75,000,000 may be exported annually in the precious metals. But aside from that consideration, the citizens of the United States who have gone there have the right to pro

Why, sir, no longer than a few days ago, when you were discussing the tax bill, my friend from Indiana [Mr. DUNN] offered an amendment that this Government should send out laborers to dig in the mines, to enable us to obtain the precious metals required to aid in carrying on this Government. I undertake to say that if this Territory is organized at this time, in six months from its inauguration and the suppression of the rebellion there will be a population there larger than that of Nevada, because the mines are richer and emigrants may reach there by water communication. And I not only say there will be a population there larger than Nevada, but that the wealth produced will repay, a hundred fold, the expense which will be necessarily incurred, whether we organize the Territory or not, in its recapture from the men who now hold and occupy it. I ask you to look at the Territory of Colorado, which is not as rich in minerals as Arizona. A year or two ago there were scarcely a thousand American citizens there. To-day there is a population of forty-odd thou-league, the first and highest duty of this Governsand, and in a year from this time Colorado will have a population greater than that of the State of Oregon. The same may be said of Nevada. And do you tell me, then, that this Territory, which is admitted by all men who have traveled over it or who have resided in it to surpass all the other Territories in mineral wealth, will not have a larger population in the same length of time from its organization, when its population has run up to six or seven thousand under all its disadvantages?

tection.

As I was saying, when interrupted by my col

ment is to protect its citizens. Yet, sir, the strange
spectacle is presented of opposition to this bill by
members on this side of the House, who, with an
inconsistency of principle wholly incomprehens-
ible, propose that its further consideration shall
be postponed until December next. Do not gen-
tlemen know that if they postpone this matter
until December next, it will be late in the summer
or fall of next year before a government can be
organized which will secure for these people the
protection they now demand. It seems to me, Mr.

were lost. Well and truly has the poet said that"Once to every man and nation comes the moment to decide,

In the strife of truth with falsehood, for the good or evil side."

Mr. Speaker, I do not by any means believe that the members of the House are indifferent to the great issues involved in this rebellion; indeed I know of the anxiety and solicitude of many of its most distinguished and patriotic members. But I do think, sir, that we fail to appreciate in all its terrible reality the importance and grandeur of the era in which Providence has cast our lot. We fail to realize that we are living in a time when the Republic of our fathers, in which is centered the hopes and aspirations of millions, is to be saved or lost. The march of events is so swift and irresistible, that we become dizzy in contemplating it, and do not remember that we are forever and forever being pressed forward. We seem to forget that we are to preserve constitutional liberty and American civilization, or permit them to go out in the night of barbarism and slavery. I appeal to all those who have not forgotten when, recently, this capital was beleaguered by the defiant hordes of treason, and who have not forgotten all of the exciting and terrible events which have transpired within the past year; I appeal to all those who then saw, and still see, the dangers which beset this Government and its people, whether they are not solicitous for the future?

Sir, I do not believe there is a member in this House, unless he be an accomplice in the treason which is seeking the nation's life, who is not anxious that victory shall crown our arms, and that there shall be a speedy restoration of the Union. But as a body, we hesitate and are divided in action. Five long and weary months of this session have passed, in which we should have had action, prompt, efficient action, against the rebels, and yet we sit deliberating. We have done but little aside from voting men and money to aid in the speedy suppression of this rebellion. No concert or unity of purpose has thus far marked our legislation. The nation, in breathless suspense, is awaiting the moment when some practical measure of relief shall be proposed and adopted. the people ask is competent and efficient leadership, and millions of money and myriads of men are at our disposal. With impunity have traitors remained in our Army, in our Navy, and in almost every department of the Government. We have done more, far more-I regret to say it-to encourage treason than to terrify traitors, by our inaction and our divisions.

All

Mr. WICKLIFFE. I do not know whether I understood the gentleman in a remark which he has just made, and therefore I rise to ask him a question. Are we to understand him as saying that there are traitors still remaining in the Army and Navy, and in every department of the Government?

Mr. ASHLEY. Yes, sir; I made that state

ment.

Mr. WICKLIFFE. In God's name, then, let us know who they are.

Mr. ASHLEY. I give that as my opinion, based on facts which are within the reach of every member of this House. I believe that there still remain in all the departments of this Government men who, at heart, are traitors to it. I know that to be the opinion of a majority of the members of the select committee on the conduct of the war, and of the Potter committee. The members of both these committees with whom I have conversed are well satisfied that there are many now in office under this Government who sympathize with those who are to-day seeking the nation's life, and yet we remain apparently indifferent and divided.

Sir, we spend weeks in discussing a tax bill, which might without much impropriety be called a bill to confiscate the property of loyal citizens, while we refuse, persistently refuse, to touch the property of rebels in arms against the Government. We prefer to fall back upon musty precedents, and thus attempt to divert the will of the nation from its purposes by discussing learned absurdities and constitutional technicalities rather than grapple as practical men with the cause of the rebellion. Treachery and treason stalk before us on all sides and defy us. We are told, not only by traitors, but by some who profess to be our friends, that we have no constitutional power to confiscate the property of rebels in arms against the Government; that we have no constitutional power to remove the cause and admitted support of the rebellion, and thus make a like rebellion from the same cause forever impossible hereafter. Thus, amid this diversity of opinion, we are divided in council and rendered powerless in action, and are drifting as a nation no one knows whither. Instead of directing the public mind, as statesmen should do, by playing the politician we divide and distract it. Now, sir

The SPEAKER. The gentleman must confine his remarks to the subject under discussion. The motion is to postpone.

motion, and the prompt organization of this Territory, I regard as very important. Its passage will secure not only the approbation of the great majority of the loyal people of this country, but it will secure the approbation of the liberal people of every Government in Europe. It will place the national Government where every earnest man in this House desires it to be placed-on the side of freedom.

Sir, this indifference, this division of sentiment, to which I have felt it to be my duty to allude, sits like an incubus upon many, and they seem powerless to dispel it. Many who should be with us in action, as they profess to be in sentiment, unfortunately are encouraging others to vote against this bill, who otherwise would sustain it. If this bill fails-this national proclamation, as it may properly be called, of freedom-it will fail by the votes of its professed friends, upon the pretext that it will cost the nation thirty or forty thousand dollars annually. If it does fail, I ask every member upon this side of the House, I ask every member in this Hall, if we will not justly be charged with abandoning that cause which sent a majority of Republicans into this Hall, and which intrusted the present national Republican Administration with the control of the Government.

Sir, I trust the motion will fail, and that before Mr. ASHLEY. In my judgment, in the re- this House adjourns, or before the two days set marks which I am submitting, I am not out of apart for territorial business shall have passed, order; and if the Chair had waited to see the ap- this bill, so far as the action of the Representatives plication which I propose to make of them, he of the people can decree it, will have become the would not, I am sure, have decided me out of law of the land. If the bill fails, and this great oporder. However, if that be the decision of the||portunity be lost, and it should so happen at the Chair, I will not further continue them.

The SPEAKER. The Chair cannot see what relevancy the confiscation of the property of rebels has to the pending question.

Mr. ASHLEY. Papers and resolutions are often presented at the Clerk's desk to be read for the action of the House, and questions of order are not unfrequently raised upon them. The Chair usually delays a decision until they are read, to ascertain their contents and relevancy, and in this instance I do not see why he should have departed from his usual course. I certainly do not intend to make any remarks which are out of order, and perhaps this allusion which I make to confiscation and our divisions on other subjects is not relevant; but I propose to make, with your consent, an application of these remarks, and you and the House may then judge whether they are pertinent to the pending proposition or not.

next session that you cannot pass it, certainly those who so vote will incur a terrible responsibility, and of all men will be most guilty.

Sir, I repeat that I hope the motion to postpone will fail.

The question recurring on the motion to postpone

Mr. WHEELER demanded the yeas and nays. The yeas and nays were ordered.

The question was taken; and it was decided in the negative-yeas 54, nays 59; as follows:

YEAS-Messrs. Joseph Baily, Biddle, Jacob B. Blair, Calvert, Casey, Clements, Cobb, Cox, Cravens, Crisfield, Crittenden, Diven, Dunlap, English, Fisher, Franchot, Granger, Grider, Haight, Hale, Hall, Harding, Holman, Horton, Johnson, William Kellogg, Kerrigan, Killinger, Knapp, Law, Leary, Lehman, McKnight, Mallory, Maynard, Morris, Nixon, Noble, Noell, Odell, Price, Richardson, Robinson, John B. Steele, William G. Steele, Stratton, Voorhees, Wadsworth, E. P. Walton, Ward, Webster, Wheeler, Wickliffe, and Woodruff-54.

NAYS-Messrs. Aldrich, Alley, Arnold, Ashley, Baker, Beaman, Bingham, Samuel S. Blair, Blake, George H. Browne, Buffinton, Campbell, Chamberlin, Colfax, Covode, Cutler, Davis, Delano, Duell, Dunn, Edgerton, Eliot, Ely, Fessenden, Frank, Goodwin, Gurley, Hooper, Julian, Kelley, Francis W. Kellogg, Loomis, Lovejoy, McPherson, Moorhead, Pike, Porter, John H. Rice, Riddle, Edward H. Rollins, Sargent, Shanks, Sheffield, Shellabarger, Benjamin F. Thomas, Francis Thomas, Train, Trimble, Trowbridge, Van Horn, Verree, Wall, Wallace, Charles W. Walton, Washburne, Albert S. White, Wilson, Windom, and Worcester-59.

So the motion to postpone was not agreed to. During the call of the roll,

Mr. ALLEN stated that he had paired off for the remainder of the day with Mr. HUTCHINS.

Mr. SHELLABARGER stated that Mr. HARRISON was detained from the House by sickness. Mr. FRANK stated that Mr. POMEROY was

confined to his room by sickness, and had paired

off with Mr. VIBBARD.

Now, Mr. Speaker, when interrupted, I was saying that we had failed utterly to do anything effective in behalf of the country at this session, if I except the act emancipating the slaves in this District, and the passage by this House of the homestead bill and Pacific railroad. We not only have permitted ourselves to be divided in counsel; we have not only failed to grapple vigorously with the cause of this rebellion, as statesmen and practical men; but, by playing the politician, we have divided the people at home. To-day we yield to the supercilious demands and pocket the insult of a foreign Government, and to-morrow grow jubilant over a victory which means nothing. To-day we declare the backbone of this rebellion broken, and to-morrow a reverse destroys this faith, and we grow as skeptical as before; but whether rejoicing in victory or mourning in defeat, we are constantly assured by the friends and apologists of slavery that we must not pass any law which will touch this question. We are assured by gentlemen that if we are only patriotic-if we are only patient, conciliatory, and magnanimous-our erring southern brethren will soon return and sin no more, which simply means, as I interpret it, that they will return to the Union when we give them all that they ask, and more than they ever asked before the rebellion. Thus, day by day, week by week, and month by month, for a whole year, has this panorama of victories and defeats been pass-propriation for the pay of the two and three years ing in review before our eyes; and yet we remain undecided, and "sit here deliberating in cold debate," without unity of purpose or harmony of action. This bill imposes a just punishment upon slavery, which has brought about this rebellion. It puts it under the ban of the national Government, and gives an earnest of our purpose, by declaring that slavery and involuntary servitude shall cease in this Territory forever.

Sir, the motion to postpone this bill practically secures a direct vote upon it. The defeat of this

Mr. SARGENT stated that his colleague, Mr. PHELPS, had been called away by sickness in his family.

ENROLLED BILLS.

Mr. GRANGER, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled an act (H. R. No. 460) to establish a port of entry in the collection district of Beaufort, South Carolina, and an act (H. R. No. 404) to provide for the deficiency in the ap

volunteers, and the officers and men actually employed in the western department; when the Speaker signed the same.

ARIZONA TERRITORY-AGAIN,

The SPEAKER. The bill is now before the House for action.

Mr. WICKLIFFE. I desire to offer an amendment to the bill.

The SPEAKER. A motion is pending to recommit the bill, and no amendment is in order.

Mr. WICKLIFFE. Then, I move to amend the motion to recommit by adding certain instructions. I do not desire to oppose the recommitment, nor do I desire to enter into the discussion of this bill; nor do I care much about its passage. I have stated a fact which I believe to be true in reference to the present population of that Territory. But, sir, if there is a population there to the extent which the census shows, they ought to have some kind of a civil government. But believing, as I do now, that there is no American population there at this time to which the protection of this Government, military and civil, ought to be extended, or its power extended there to force them out, [laughter,] I desire that by this bill the salaries of these officers shall not commence or be paid until they enter upon the duties of their offices.

I therefore move to amend the motion to recommit by instructing the committee to report a bill with the following proviso:

Provided, That no salary shall be due or paid to the officers created by this act until they shall have entered upon the duties of their respective offices within said Territory.

Mr. ASHLEY. I did not know that there was a pending motion to recommit this bill. The SPEAKER. It was made when the bill was introduced, on the 24th of March.

Mr. ASHLEY. I will accept the amendment of the gentleman from Kentucky.

The SPEAKER. The gentleman cannot accept it.

Mr. ASHLEY. Then I withdraw the motion to recommit.

Mr. RICHARDSON. I rise to a point of order. The gentleman has not it in his power to withdraw the motion to recommit when a proposition is pending to amend it. It has passed from the power of the gentleman who made the motion.

The SPEAKER. The Chair overrules the point of order. The gentleman can withdraw the motion at any time before a vote is taken upon it.

Mr. ASHLEY. The gentleman from New Mexico has drawn up two amendments, which I have agreed to accept, and which I send to the Clerk's desk that they may be read.

The SPEAKER. It is not in order to offer two amendments at once.

Mr. ASHLEY. I then move to amend, in section two, line nineteen, by striking out the word "Washington," and inserting "New Mexico;" so that the clause will read, "an act organizing the Territory of New Mexico." And upon that I call the previous question.

The previous question was seconded, and the main question ordered to be put; and under the operation thereof the amendment was agreed to.

Mr. ASHLEY. At the request of the Delegate from New Mexico, I move to strike out lines twenty-two and twenty-three, and to insert, after the word "act," the words:

An act amendatory thereto, together with all legislative enactments of the Territory of New Mexico, not inconsistent with the provisions of this act, are hereby extended to, and continued in force in, said Territory of Arizona until repealed or amended by future legislation.

And upon that I call the previous question.

The previous question was seconded, and the main question ordered to be put; and under the operation thereof the amendment was agreed to.

Mr. ASHLEY. I now move the amendment of the gentleman from Kentucky, which is to add to the end of the second section the following proviso:

Provided, That no salary shall be due or paid to the officers created by this act until they shall have entered upon the duties of their respective offices within said Territory. Upon that I call the previous question. The previous question was seconded, and the main question ordered to be put; and under the operation thereof the amendment was agreed to.

Mr. ASHLEY. I offer the following additional amendment, to come in at the end of the last section of the bill:

And all acts and parts of acts, either of Congress or of the Territory of New Mexico, establishing, regulating, or in any way recognizing the relation of master and slave in said Territory, are hereby repealed.

I now call the previous question on the engrossment and third reading of the bill.

The previous question was seconded; and the main question ordered.

The amendment was agreed to.

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