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Documents Leading to Statehood
Notice: The following is provided for informational purposes only.
This compilation incorporates sections, shown in italics, from Mulford Winsor's Arizona's Way to Statehood (Phoenix, AZ: n.p., 1945 (reprint, Arizona Secretary of State, n.d.); AZDocs No.: SS 1.2:S 71). The Honorable Mulford Winsor (1874-1956) was a delegate to the Arizona Constitutional Convention of 1910 and was elected to the Arizona State Senate five times. He also served as Director of the Department of Library and Archives (now Arizona State Library, Archives and Public Records) from 1932-1956. Mr. Winsor noted that Arizona's road to statehood was not an easy one:
In all, thirty-nine bills and twelve joint resolutions aimed exclusively or in conjunction with other Territories at statehood for Arizona were introduced in the two houses of Congress. Of these, twenty-nine
bills and nine resolutions died in the committee of the house of origin, three bills were reported favorably but received no further consideration, four bills and one resolution passed the House of Representatives but did not reach a vote in the Senate, one bill passed both houses but died for want of agreement concerning amendments, one bill became a law but failed when its terms were rejected by the people of Arizona, one resolution passed both houses but was vetoed by the President, and one bill and one joint resolution, effecting the purpose for which they were designed, passed both houses and received the President's approval.
Arizona is "composed of Territory ceded by Mexico; part [north of the Gila River] by the treaty of Guadalupe Hidalgo in 1848, and part [south of the Gila River] by what is known as the 'Gadsden Purchase'".... The Arizona Geographic Alliance has produced a map showing the "Historical Development of Arizona and New Mexico Boundaries" which gives an overview of the many changes that took place before Arizona achieved statehood. The following is a chronology of key documents along Arizona's road to statehood.
1787
- Northwest
Ordinance
The Avalon Project at Yale Law School provides a transcription of the
Northwest Ordinance. This created a legal structure within
which the inhabitants of lands outside of the 13 original states could
operate, outlined the steps to form territorial governments and the
means by which new states could be admitted to the Union.
See also: Northwest Ordinance (Library of Congress), Northwest
Ordinance (1787) (Our Documents: 100 Milestone Documents
from the National Archives) and 1
Stat. 50 "An Act to provide for the Government of the Territory
Northwest of the river Ohio" (Library of Congress).
1846
- Confidential
Letter of the Secretary of War to General Kearny
In
December 1845, the U.S. Congress voted to annex the Texas Republic which
Mexico considered to be its territory and, after border skirmishes,
Congress declared war on Mexico on May 13, 1846. Brigadier
General Stephen
W. Kearny was sent with troops to secure New Mexico, Chihuahua,
and California. This June 3, 1846 letter to Kearny
from the Secretary of War was reprinted in the United States Serial
Set and the Library of Congress provides access to H. Ex. Doc.
No. 60 p. 153 (30th Congress, 1st Session) (1848).
- Bill
of Rights for the Territory of New Mexico
The New Mexico Office of the State Historian provides this transcription as
declared by Brigadier General Stephen W. Kearny, September 22, 1846.
- Laws for the Government of the Territory of New Mexico
The Avalon Project at Yale Law School provides a transcription of the
Laws for the Government of the Territory of New Mexico dated September
22, 1846 also known as the Kearny Code. An explanation of
the international law at the time relating to conquest of land through
war and treaties that follows are in two U.S. Supreme Court cases: Leitensdorfer
v. Webb, 61 U.S. 176 (1857) and Fleming v. Page, 50 U.S.
603 (1850).
1848
- Treaty of Guadalupe
Hidalgo
This Library of Congress site has links to pages from the Treaty signed
February 2, 1848 which brought an end to the war between the United
States and Mexico.
- [Senate]
Executive [Document], No. 7 (30th Congress, 1st Session)
![[Senate] Executive [Document], No. 7 (30th Congress, 1st Session)](images/tnsexecdoc7.gif)
This
Library of Congress site links to Notes of a Military
Reconnoissance [sic], From Fort Leavenworth,
In Missouri, To San Diego, In California, Including Part of the Arkansas,
Del Norte, and Gila Rivers. By W.H. Emory, Brevet Major,
Corps Topographical Engineers. Made in 1846-7, with the
Advanced Guard of the "Army
of the West." (Washington,
DC: Wendell and van Benthuysen, Printers, 1848).
According to Amazing Arizona! Historical Markers in
Arizona. (Phoenix, AZ: Arizona Development
Board, [1957]) (AZDocs No.: DEV 1.2:H 47):
This book, describing the area between Bent's Fort and California
with full notes, astronomical readings and maps, possibly was the
greatest single factor that led to the opening of the southern snowfree
route to California. For just a year later the great gold
rush started, and Emory's book brought travelers along the Gila in
increasing numbers.
1850
- Compromise
of 1850
This is from a series of Library of Congress guides to "Primary
Documents in American History" and shows how the creation of the
Territory of New Mexico (which included Arizona) was part of the Compromise
of 1850 which was an attempt to maintain the balance between the free
and slave states in the United States and avert a crisis between the
North and South.
- Senate
discussion of S. 307 August 6, 1850 (31st Congress, 1st session)
S.307
"A Bill Proposing to the State of Texas the establishment
of her Northern and Western boundaries, the relinquishment by the said
State of all territory claimed by her exterior to said boundaries, and
of all her claims upon the United States" as amended,
would result in the establishment of the Territory of New Mexico on
September 9, 1850. The Territory of New Mexico included much
of the land that now makes up the State of Arizona. The Library
of Congress provides access to the Journal of the Senate of the
United States of America, vol. 41, pp. 524-529 where the background
is provided for amending the bill.
- 9
Stat. 446
The
Library of Congress provides access to "An Act proposing to
the State of Texas the Establishment of her Northern and Western Boundaries,
the Relinquishment by the said State of all Territory claimed by her
exterior to said Boundaries, and all her Claims upon the United States,
and to establish a territorial Government for New Mexico" from
the September 9, 1850 entry in the Statutes at Large.
- 9
Stat. 1005-1006
The
Library of Congress provides access to President Millard
Fillmore's December 13, 1850 proclamation "Declaring Act
of 1850, ch. 49, respecting the Boundaries of Texas, to be in force"
which was published on pp. 1005-1006 of the appendix to vol. 9 of the
Statutes at Large. This acknowledged that the Texas
legislature had passed an act accepting the new boundaries.
1853-1854
- Gadsden
Purchase Treaty
The Avalon Project at Yale Law School provides a transcription of the
Gadsden Purchase Treaty as amended by the Senate of the United States
and signed by President Franklin
Pierce on June 30, 1854. The version of the treaty which
was signed in Mexico on December 30, 1853 specified that the United
States would pay $15 million for 45,000 square miles of territory.
However, when the U.S. Senate ratified the treaty on April 25, 1854,
only $10 million was authorized for the purchase of 29,670 square miles
of territory. The renegotiated treaty was signed by Antonio
López de Santa Anna on June 8, 1854. See also:
Gadsden Purchase,
1853-1854 (U.S. Department of State).
1856-1857
- In the district south of the Gila [River, i.e., the land
acquired through the Gadsden Purchase] there soon came to be a demand
for some form of government. The population contained many
turbulent characters, and the seat of the Territorial government at
Santa Fe was so far removed from
Tucson,
Calabasas, Tubac
and the mining camps between Tucson and the border as to be of no validity.
Arizona was literally a land without organized society.
- August 29, 1856, a convention was held at Tucson which sent to
Congress a memorial, signed by 260 citizens, urging the organization
of a Territory of Arizona, and also provided for sending a delegate
to Washington. Mark Aldrich, Mayor of Tucson, was the president
of the convention; James
Douglas of Sopori and Jose M. Martinez of San Xavier, vice-presidents;
G. K. Terry and W. N. Brawner, secretaries, and Nathan P. Cook, G.
H. Oury, H.
Ehrenburg [sic], Ignacio Ortiz, and I. D. L. Pack constituted
the Committee on Resolutions. Nathan P. Cook was elected
as delegate. He went to Washington, and although not admitted
to a seat, his mission was noticed.
- S.
176 (34th Congress, 1st Session)
The
Library of Congress provides access to "A Bill To establish
a separate judicial district south of the Gila, and to create the office
of surveyor general therein, to provide for the adjudication of certain
land claims, to grant donations to actual settlers, to survey certain
lands, and for other purposes" which was introduced March 18,
1856 by Sen. Rusk
of Texas. January 28, 1857 (34th Congress, 3rd Session) the
title of the bill was changed to read "A bill to establish a separate
judicial district south of the Gila, and to create the office of surveyor
general therein; to provide for the adjudication of certain land claims;
to grant donations to actual settlers; to survey certain lands; to provide
for the representation of the inhabitants of the ''Gadsden Purchase''
in the territorial legislature of New Mexico, and for other purposes."
- H.R.
752 (34th Congress, 3rd Session)
The
Library of Congress provides access to "A Bill To establish
a separate judicial district south of the Gila, and to create the office
of surveyor general therein; to provide for the adjudication of certain
land claims; to grant donations to actual settlers; to survey certain
lands; to provide for the representation of the inhabitants of the 'Gadsden
Purchase' in the Territorial legislature of New Mexico, and for other
purposes" which Rep. Morrill
of Vermont, from the Committee on Territories, brought to the House
Committee of the Whole on January 20, 1857.
- On the first Monday in September, 1857, another election was
held at Tucson. New petitions to Congress were prepared
and Sylvester Mowry was chosen delegate to Congress. He
was not admitted.
- S.
8 (35th Congress, 1st Session)
A
Bill (S. 8) [available through the Library of Congress] "to
organize the territory of Arizona, and to create the office of Surveyor
General therein, to provide for the examination of private land claims,
to grant donations to actual settlers, to survey the public and private
lands, and for other purposes," was introduced on leave in
Senate by Hon. William
M. Gwin [of California], and referred to Committee on Territories,
Dec. 17, 1857. The proposed Territory included the Gadsden
Purchase and Dona Anna [sic]
county, New Mexico, thus extending from the Colorado river to the
border of Texas. The committee was discharged from further
consideration of the bill, Feb. 8, 1859. See: "Memoir
of the Proposed Territory of Arizona by Sylvester Mowry, U. S. A.,
Delegate Elect" (Avalon Project at Yale Law School)
1858-1859
- September 1, 1858, at Mesilla,
and July 3, 1859, Tucson,
meetings were held at which Mowry was nominated for reelection.
In September he was reelected.
- S.
555 (35th Congress, 2nd Session)
The
Library of Congress provides access to this U.S. Congressional bill
"to provide temporary governments for the Territories of Dacota
[sic] and Arizona, and to create the office of surveyor
general for the Territory of Arizona." February
4, 1859, a bill was introduced in the Senate (S-555), for the admission
of Dakota, in which bill Arizona was included. Nothing came
of it.
1860
- April 2-5, 1860, a Constitutional Convention was held at Tucson.
Thirty-one delegates were present. The Constitution ordained
and established a provisional government to remain in force until Congress
should organize a Territorial Government. This Territory
included all of New Mexico south of latitude 33 degrees, 40 minutes,
and was subdivided into four counties. James A. Lucas was
president, G.
H. Oury and T. M. Turner secretaries of the convention.
Dr. L. S. Owings of Mesilla
was elected Governor. In November Edward McGowan was elected
delegate to Congress to succeed Mowry.
- S.
365 (36th Congress, 1st Session)
The
Library of Congress provides access to "A Bill To provide a
temporary government for the Territory of Arizuma [sic]
and to create the office of surveyor general therein."
A Bill (S. 365) "to provide a temporary government for the Territory
of Arizuma," was reported from Committee on Territories, Senate, by
Hon. James
S. Green, April 3, 1860; considered and amended Dec. 27 and further
consideration thereof postponed December 31, 1860.
1861
- In 1861, a convention was held in Tucson, which formally declared
Arizona a part of the Confederacy, and in August G.
H. Oury was elected delegate to the Confederate Congress.
The Library of Congress provides access to Journal of the Congress
of the Confederate States of America where the formation of the
Territory
of Arizona from the southern
half of the Territory of New Mexico was proposed.
1862-1863
- H.R.
357 (37th Congress 2nd Session)
The
Library of Congress provides access to this U.S. Congressional bill
"to provide a temporary government for the Territory of
Arizona" which was to be formed from the western portion
of the existing Territory of New Mexico. ...the Arizona
Bill was again introduced, and this time the north and south boundary
was fixed where it now is on the 109th meridian....
[The bill] was reported from Committee on Territories, House of
Representatives, by Hon. James
M. Ashley, March 13, 1862; passed that House May 8, 1862; passed
the Senate Feb. 20, 1863; and became a law February
24, 1863.
- 12
Stat. 664
The
Library of Congress provides access to "An Act to provide a
temporary Government for the Territory of Arizona, and for other Purposes"
which became effective February 24, 1863. President Abraham
Lincoln appointed Arizona's Territorial officials who took the oath
of office at Navajo Springs, Arizona on December 29, 1863.
1864
1865
- Hartley's Map
of Arizona
This
1865 map by William B. Hartley from the collections of the Library of
Congress shows the original boundaries of the Territory of Arizona before
the U.S. Congress transferred land from Mohave (AZGenWeb Project) and Pah-Ute
counties in the Territory of Arizona to the State of Nevada in 1866.
1866
- 14
Stat. 43
The
Library of Congress provides access to "An Act concerning the
Boundaries of the State of Nevada" which was approved May 5,
1866. This offered the State of Nevada land from the territories
of Utah and Arizona that bordered Nevada on the east and south.
James
Warren Nye who served as Governor and then as U.S. Senator from
the State of Nevada, served on the Committee on Territories which recommended
passage of S. 155 (39th Congress, 1st Session) which took land from
both Mohave (AZGenWeb Project) and Pah-Ute
counties in the Territory of Arizona. The triangular section
of land bounded by 37 degrees north latitude and running to the California
border now forms the southern tip of Nevada where Las Vegas is located.
1877
- The subject of Statehood was first broached in 1877, when [Arizona
Territorial] Governor A. P. K. Safford, in a measure to the Arizona
Legislature, predicted that the Territory "will soon become a State."
1886
- 24 Stat. 170 (pdf) (506 KB)
"An
act to prohibit the passage of local or special laws in the Territories
of the United States" also known as the "Harrison Act"
was passed by Congress to limit the ability of the Territories to exceed
set debt limits.
1889
- H. R. 11916 (50th Congress 2nd Session)
This ambition [to become a state] did not, however, attract
the attention of Congress until January 2, 1889, when Hon. Wm.
M. Springer of Illinois introduced in the House of Representatives
a bill (H. R. 11916) "to enable the people of Arizona and Idaho
to form constitutions and State governments." The
bill was referred to the Committee on Territories, but was not reported
back.
- The Fifteenth Territorial Legislature passed a bill, approved
March 21, 1889, providing for the "holding of a convention for
the purpose of framing a State constitution." An
election was to have been held November 5, 1889, and there were to be
forty-two delegates. They were to receive $5 per day each,
but "shall receive pay for no more than thirty days." The
delegates were to have assembled at Phoenix on the first Tuesday of
January, 1890. Governor Meyer C. Zulick, who was an ardent
champion of Statehood, approved the bill--indeed he had much to do with
its passage. But on April 9--nineteen days after approval
of the bill--Lewis Wolfley succeeded Governor Zulick, and the election
which the law provided the Governor should call was never called.
See also: Territorial
Governor Conrad Zulick had his share of trouble by Richard Gorby
(Sharlot Hall Museum)
1891
- In September, 1891, Arizona'[s] first constitutional
convention was held. It was a volunteer affair, participated
in by delegates from all parts of the Territory. Among them
were such well-known citizens as W. A. Rowe, H. M. Alexander, George
W. Cheyney, Marshall H. Williams, Marcus
A. Smith, William H. Barnes, Frank Hereford, J. W. Anderson, Alonzo
Bailey, Ben M. Crawford, Thomas Davis, Foster S. Dennis, Thomas Gates,
W. A. Hartt, John Hunt, William Herring, T. C. Jordan, Martin McDonald,
Thomas G. Norris, A. M. Patterson, J. M. Wilson. Rowe was
elected president, and Allen C. Bernard of Tucson was secretary.
- Journals
of the Constitutional Convention for the State of Arizona
This Convention was convened September 7, 1891 and adjourned October
3, 1891. The Journals are from the collections of Arizona
State Library, Archives and Public Records--State Library of Arizona
(AZDocs No.: COC 3.9:J 58)
1892
- H.R. 7204 (52nd Congress 1st Session)
A Bill (H.R. 7204) "to provide for the admission of the
State of Arizona into the Union, and for other purposes," was
introduced in the House of Representatives by Hon. Marcus
A. Smith, Delegate from Arizona, and referred to Committee on Territories,
March 14, 1892; reported back favorably from the committee by Mr. Smith,
March 16, 1892; passed June 6, 1892. In the Senate, referred
to Committee on Territories, June 9, 1892; no further action.
1893-1894
- H.R. 3322 (53rd Congress 1st Session)
A Bill (H.R. 3322) "to provide for the admission of the
State of Arizona into the Union and for other purposes," was
introduced in the House of Representatives by Hon. Marcus
A. Smith, delegate from Arizona, and referred to Committee on Territories,
September 21, 1893.
- H.R. 4393 (53rd Congress 1st Session)
H.R. 4393 was reported back favorably from the committee as a substitute
[for H.R. 3322 ], by Mr. Smith,
November 3, 1893; amended and passed December 15, 1893.
In the Senate, referred to Committee on Territories, Dec. 18, 1893;
reported back from the committee, with amendments, by Hon. Charles
J. Faulkner of West Virginia, August 2, 1894; no further action.
- Proceedings
of the Arizona Convention for Statehood
The
convention was held in Phoenix, Arizona November 27 and 28, 1893.
The Proceedings are from the collections of Arizona State Library, Archives
and Public Records--State Library of Arizona (AZDocs No.:
COC 3.9:S 71)
1896
- 29 Stat. 262 (pdf) (588 KB)
"An
Act Amending and extending the provisions of an Act of Congress entitled
'An Act approving with amendments the funding Act of Arizona'"
funded all outstanding debt of the Territory of Arizona and resolved
issues arising from the Harrison Act. See: "
Letter to Honorable B. J. Franklin, Governor of Arizona Territory, captioned
'In the Matter
of Lewis Wolfley.'" (Arizona Memory Project)
1901
- October 26, 1901, another statehood boom was launched, at a gathering
held in Phoenix, called by Governor Oakes
Murphy, attended by 130 prominent citizens. A. J. Doran
was chairman. A delegation was selected to go to Washington
to lobby for statehood. It included W. J. Murphy of Phoenix,
William C. Green of San Pedro, E. B. Gage of Congress, John Lawler of
Prescott, John Coffman of Pearce, and Dr. L. W. Mix of Nogales, all
well-known citizens who have since passed on.
1902-1903
- H.R. 12543 (57th Congress, 1st Session)
A Bill (H.R. 12543) "to enable the people of Oklahoma,
Arizona, and New Mexico to form constitutions and State governments,"
was introduced in the House of Representatives by Hon. William
S. Knox of Massachusetts, and referred to the Committee on Territories,
March 14, 1902; reported favorably from the committee, by Mr. Knox,
April 1, 1902; passed May 9, 1902. In the Senate, referred
to Committee on Territories, May 12, 1902; reported back from the committee,
with amendments, by Hon. Knute
Nelson of Minnesota, December 3, 1902; debated and request made
by Hon. M.
S. Quay of Pennsylvania for unanimous consent for a vote, defeated
by the objection of Hon. Albert J. Beveridge
of Indiana, March 2, 1903.
- After the Knox statehood bill for Oklahoma, Arizona, and New Mexico
passed the House in 1902 and was defeated in the Senate through the
efforts of Senator Beveridge
of Indiana, Senator Beveridge
and colleagues visited Arizona, inspected the Territory from the windows
of their Pullman, saw the bad and overlooked the good, and carried back
to Washington the report that Arizona was not ready for statehood.
- In October, 1903, a party of Congressmen was brought to Arizona
by William
Randolph Hearst, then a member of Congress. The report
of this party was favorable.
1904-1905
- H.R. 14749 (58th Congress, 2nd Session)
A Bill (H.R. 14749) "to enable the people of Oklahoma
and of the Indian Territory to form a constitution and State government,
and to enable the people of New Mexico and of Arizona to form a constitution
and state government," [which proposed that Arizona
and New Mexico would enter the Union as a single State] was introduced
in the House of Representatives by Hon. Edward
L. Hamilton of Michigan, and referred to the Committee on Territories,
April 4, 1904 and reported back from the committee by Mr. Hamilton,
April 8, 1904; debated and passed April 19, 1904. In the
Senate, referred to Committee on Territories, April 20, 1904; reported
back from the committee, with amendments, by Hon. Albert
J. Beveridge of Indiana, December 16, 1904; debated and passed February
7, 1905; failed when the two houses were unable to agree on amendments.
- In 1905 Congressman Tawney
of Minnesota headed another group of Congressmen who came inclined to
favor joint-statehood, which had reared its head, but returned to Washington
pledged against the plan. In the end, however, they voted
for it.
1906
- H.R. 12707 (59th Congress, 1st Session)
A Bill (H.R. 12707) "to enable the people of Oklahoma
and of the Indian Territory to form a constitution and State government,
and to enable the people of New Mexico and of Arizona to form a constitution
and State government," was introduced in the House of
Representatives by Hon. Edward
L. Hamilton of Michigan and referred to the Committee on Territories,
January 22, 1906; reported back favorably from the committee, by Mr.
Hamilton,
January 23, 1906; debated, amended, and passed January 25, 1906. In
the Senate, referred to Committee on Territories, January 25, 1906;
reported back from the committee, by Hon. Albert
J. Beveridge of Indiana, January 29, 1906; amended, due to the efforts
of Hon. Joseph
B. Foraker of Ohio, to provide for a vote by and to require approval
of each territory separately, and passed March 9, 1906; approved by
President Theodore
Roosevelt, June 16, 1906.
- [T]he Hamilton (joint-statehood) bill... despite Arizona's opposition
passed, due, it is claimed, to the endorsement of President Theodore
Roosevelt, probably influenced by Senator Beveridge.
[An] election [was] held in New Mexico and Arizona,
on [the] question of accepting statehood as a single state,
November 6, 1906.... At the election in 1906, the gross
majority of votes cast in the two Territories was against jointure.
It was the tremendous opposition of Arizona--16,265 against to 3,141
for--that secured this end. The New Mexico vote was 26,195
for to 14,735 against. By a scant 1,634 the proposed jointure
with New Mexico was avoided.
1910
- H.R. 18166 (61st Congress, 2nd Session)
A Bill (H.R. 18166) "to enable the people of New Mexico
to form a constitution and State government, and to enable the people
of Arizona to form a constitution and State government,"
was reported from Committee on Territories of the House of Representatives,
as a substitute for pending statehood measures, by Hon. Edward
L. Hamilton of Michigan, January 14, 1910; debated and passed January
17, 1910. In the Senate, referred to Committee on Territories,
January 18, 1910; reported back from the committee, with an amendment
to "strike out all after the enacting clause and insert a new bill,"
by Hon. Albert
J. Beveridge of Indiana; amended and passed June 16, 1910; amendment
concurred in June 18, 1910; approved by President June 20, 1910.
Election for delegates to Arizona constitutional convention, September
12, 1910; convention held at Phoenix, October 10-December 9, 1910; constitution
ratified by people February 9, 1911.
- 36 Stat. 557-579 (pdf) (4,966 KB)
"An Act To enable the people of New Mexico to form a constitution
and state government and be admitted into the Union on an equal footing
with the original States; and to enable the people of Arizona to form
a constitution and state government and be admitted into the Union on
an equal footing with the original States."
Sections 19-35 cover Arizona.
- The fight for statehood did not end with the passage of the Enabling
Act. There was the political fight for control of the Constitutional
Convention; the fight over the character of the Constitution; the fight
for ratification of the Constitution by the people of Arizona, and the
fight for approval by the Congress and the President--the latter a requirement
which had not been imposed upon states previously admitted.
- Constitution of
the State of Arizona
This
typed manuscript was signed December 9, 1910 by the members of the Constitutional
Convention of the Territory of Arizona and is from the collections of
the Arizona State Archives. This version of the constitution
was vetoed by President William
Howard Taft because it included a provision for the recall of judges.
1911
- Coyle v. Smith, 221 U.S. 559
This case is mentioned in the U.S. Congressional floor debates about
the judicial recall provision in the Arizona Constitution because it
established that when a state is admitted the Union on an equal footing
then the conditions of the enabling act are no longer valid.
- H.J. Res. 14 (62nd Congress, 1st Session)
(pdf) (1,704 KB)
A Joint Resolution (HJR 14) "approving the constitution
formed by the constitutional conventions of the Territories of New Mexico
and Arizona," was introduced in the House of Representatives,
by Hon. Henry
D. Flood of Virginia, and referred to the Committee on Territories,
April 4, 1911; reported back from the committee, with amendments, by
Mr. Flood,
May 12, 1911, debated, amended, and passed, May 23, 1911. In
the Senate, referred to Committee on Territories, May 25, 1911; reported
back, with amendments, by Hon. William
Alden Smith of Michigan, July 11, 1911; debated, amended, and passed,
August 8, 1911; amendments accepted by House, August 10, 1911; vetoed
by President William
H. Taft, on account of the provision in the Arizona constitution
for recall of judiciary, August 15, 1911.
- 47 Cong. Rec. 1496-1529 (pdf) (8,377 KB)
This is the May 23, 1911 "New Mexico and Arizona" debate in the U.S. House of Representatives.
- H. Rpt. 33 (62nd Congress, 1st Session) (pdf) (834 KB)
This report accompanied H. J. Res. 14 and included the constitutions
of New Mexico and Arizona as well as majority and minority views.
- 47 Cong. Rec. 3669-3698 (pdf) (7,088 KB).
This is the August 7, 1911 U.S. Senate debate of H.J. Res. 14.
- H.R. Doc. 106 (62nd Congress, 1st Session) (pdf) (1,352 KB)
"Special Message of the President of the United States Returning
without Approval Joint Resolution No. 14."
- S.J. Res. 57 (67th Congress, 1st Session) (see: 37 Stat. 39 below)
A Joint Resolution (SJR 57) "to admit the territories
of New Mexico and Arizona as States into the Union," conditioned
upon the adoption by the people of Arizona of an amendment to the constitution
excepting the judiciary from the recall provision, was reported to the
Senate, from the Committee on Territories, by Hon. William
Alden Smith of Michigan, August 17, 1911; debated, amended, and
passed, August 18, 1911; passed House, August 19, 1911; approved by
the President, August 21, 1911.
- 47 Cong. Rec. 4118-4141 (pdf) (6,145
KB)
This is the U.S. Senate "New Mexico and Arizona" debate
from August 18, 1911 which highlights the issues surrounding the admission
of New Mexico and Arizona into the Union of states. The debate
centers on whether Arizona should be admitted to the Union if the state
constitution allows for the recall of members of the judiciary. President
Taft
was opposed to allowing recall.
- 47 Cong. Rec. 4217-4242 (pdf) (6,569
KB)
This is the August 19, 1911 House debate and passage of S.J. Res. 57 including a speech by the Hon. John H. Stephens (47 Cong. Rec. Appendix 90-92).
- 47 Cong. Rec. 4258 and 47 Cong. Rec. 4309
S.J. Res. 57 was examined and signed.
- 47 Cong. Rec. 4381
The President approved of this version on August 21, 1911.
- 37 Stat. 39 (pdf) (1,124 KB)
"Joint Resolution To admit the Territories of New Mexico and
Arizona as States into the Union upon an equal footing with the original
States" authorized statehood for Arizona if certain conditions
were met.. ...Arizona's admission was conditioned upon
the adoption by the people of Arizona of an amendment to the constitution
excepting the judiciary from the recall provision. This
was President Taft's
price for the acceptance of Arizona's constitution. It contained
altogether too many progressive provisions to suit his conservative
views, but he was prevailed upon to settle for its amendment in this
one particular.
- At the first election held for State officers, December 12, 1911,
[the] constitution [was] amended to comply with the
requirements of S.J.R. 57; vote for exception of judiciary from recall
provision 14,963, against 1,980....
1912
- 37 Stat. 1728 (pdf) (645 KB)
...Arizona [was] proclaimed a State [the
48th], by President Taft,
February 14, 1912....
- When the people of Arizona by their votes eliminated the recall
of the judiciary, to satisfy the President’s demand, they did
so with a mental reservation, and at the very next election, on November
5, 1912... by a vote of 5 to 1 [16,272 for and 3,705 against],
they proceeded to reinstate the offensive provision [to include
judiciary in the recall provision]--offensive to Mr. Taft.
- A humorous ending was given this tale a year or so later.
Many will recall that among the early features of Governor Hunt's
long tenure as Arizona's first chief executive he advocated the abolition
of capital punishment. Among those heartily seconding his
efforts was R. B. Sims, warden of the State Prison [at Florence,
AZ from 3/1/1912 - 12/31/1918, 1/5/1925 - 2/1/1926].
Mr. Sims, in the course of an energetic campaign to do away with capital
punishment, wrote to a large number of nationally and internationally
famous personages asking for an expression of their views on the subject.
One of his letters was addressed to President Taft,
who, still smarting from the trick played on him or more likely--for
he was a big, good natured man with a keen sense of humor--in a spirit
of droll facetiousness, promptly replied, under his own signature:
"Dear sir: I do not believe in the abolition of capital
punishment for the people of Arizona."
Additional Resources
The Constitution for the State of Arizona was debated, written and signed in Arizona's Territorial Capitol in Phoenix, Arizona which is now:
Arizona celebrates its Centennial on February 14, 2012. To learn more about Arizona and its history, visit:
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