The Arizona Territorial Legislature in 1864 had 18 men in the lower House of Representatives and 9 men in the upper house, the Council, for a total of 27 men. They met on September 26, 1864, in Prescott. The session ended about six weeks later, on November 10.
The very first thing the legislators did was to authorize the governor to appoint a commissioner to prepare a code of laws for the territory. But William T. Howell, a judge who had arrived in the territory the previous December, had already written one, which the legislature promptly accepted as a blueprint.
Although they did discuss his laws, the members later thanked Judge Howell for “preparing his excellent and able Code of Laws” and, as a mark of their appreciation, provided that the laws would officially be called “The Howell Code.” (They also paid him a handsome $2,500, which was equivalent to at least three years’ salary for a workingman in that era.) Judge Howell wrote the territory’s criminal code essentially single-handedly.
The second thing the legislature did was to give a member of the House of Representatives a divorce from his wife.
Then they established a county road near Prescott.
Then they gave a local army surgeon a divorce from his wife.
In a total of 40 laws, the legislature incorporated a number of road companies, railway companies, ferry companies, and mining companies. They appropriated money for schools and incorporated the Arizona Historical Society.
These 27 men constructed a body of laws to bring order to the territory and to jump-start development. But their vision for the territory was a very particular one.
The legislature provided that “[n]o black or mulatto, or Indian, Mongolian, or Asiatic, shall be permitted to [testify in court] against any white person,” thus making it impossible for them to protect their property, their families, or themselves from their white neighbors. It declared that “all marriages between a white person and a [Black person], shall…be absolutely void.”
And it defined the age of consent for sexual intercourse to be just ten years old (even if a younger child had “consented”).
So, in 1864, a legislature of 27 white men created a body of laws that discriminated against Black people and people of color and considered girls as young as ten able to consent to sex, and they adopted a body of criminal laws written by one single man.
And in 2024, one of those laws is back in force in Arizona.
Now, though, women can vote.
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