He was appointed to the newly created 4th district by President Benjamin Harrison and his nomination was supported by U.S. Senator William B. Allison of Iowa, Supreme Court Associate Justice Stephen J. Field, Arizona Territorial Governors Richard C. McCormick, Anson P. K. Safford, and Lewis Wolfley, Arizona Territorial Justices Charles G. W. French and William W. Porter, Arizona Territorial Secretary John J. Gosper, and Oakes Murphy.
After several possible locations were considered, the Apache were finally settled at Fort Sill in the Indian Territory (now Oklahoma).
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