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[225]

So much now for the facts of the Territory of Arizona, as to being created and organized by and under the government of the Confederate States of America. In the next year, 1863, on the 24th day of February, it appears that the Congress of the United States, in session in Washington city, followed the Congress of the Confederate States and passed ‘an act to establish and organize the Territory of Arizona,’ formerly a part of the Territory of New Mexico. The name, as will be observed, is the same as that of the Confederate Territory. See the United States Statutes-at-Large, volume twelve, page 664, or Revised Statutes of the United States, edition of 1878, page 335. It appears in the above cited act of February 24, 1863, that the United States made the Territory of Arizona of the western portion of New Mexico, by including all that part ‘situated west of a line running due south from the point where the southwest corner of the Territory of Colorado joins the northern boundary of the Territory of New Mexico, to the southern boundary line of said Territory of New Mexico, and the same is hereby erected into a temporary government by the name of the Territory of Arizona; provided, that nothing contained in the provisions of this act shall be construed to prohibit the Congress of the United States from dividing said Territory or changing its boundaries in such manner and at such time as it may deem proper; provided, further, that said government shall be maintained and continued until such time as the people residing in said Territory shall, with the consent of Congress, form a State government, republican in form, as prescribed in the Constitution of the United States, and apply for and obtain admission into the union as a State on an equal footing with the original States.’

The second section of the act provides for appointment of officers and prescribes duties as conferred by the act organizing the Territorial government of New Mexico.

The third section provides ‘that there shall neither be slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, 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establishing, regulating, or in any way recognizing the relation of master and slave in said Territory are hereby repealed.’ Approved February 24, 1863.

It will be observed that there were then two Territories by the name of Arizona during the period of the Civil War, the Confederate

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