USA > Arizona > History of Arizona, Vol. II > Part 7
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"Headquarters Department of the Pacific, San Francisco, Cal., December 9, 1861. "Brig-Gen. L. Thomas,
Adjutant-General U. S. Army, Washington, D. C.
"General: I beg leave to submit to the con- sideration of the General-in-Chief the proposi- tion to recapture the forts in Arizona and New Mexico, by a command to move from the south- ern district of this State, with the exception of a battery of light artillery, which I am now organizing. All the troops required for the expedition are in the southern district. I have ordered a company of the Ninth Infantry,
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regulars, to relieve the company of the Third Artillery at San Juan Island; the latter to come to the harbor of San Francisco. A company of the Third Artillery will be designated for the battery. We have the guns, horses and equip- ment all ready, being those left here by Com- pany C, Third Artillery, (late Ord's Battery). I have now in Southern California, the first California Volunteer Infantry, Colonel Carle- ton; the first California Volunteer Cavalry, a battalion of five companies, under Colonel Eyre. I estimate that this force, with the battery which I propose to send, will amount to about one thou- sand five hundred men. They are fine troops and well officered, and under the command of Colonel Carleton, an officer of great experience, indefatigable and active, the expedition must be successful. I have never seen a finer body of volunteer troops than those raised in this State. They are anxious for active service, and, feel- ing as we all do, that we are able to retake all the forts this side of the Rio Grande, I may be pardoned for urging the movement. The diffi- culties and delays experienced on the present route of the overland mail show us the absolute necessity for opening the Southern route; and why should we continue to act on the defensive, with Fort Yuma as our advanced post, when we have the power and will to drive every Rebel beyond the Rio Grande ?
"In my communication of October thirty- first, I submitted to the General-in-Chief the propriety of our occupying Guaymas, the chief seaport of Sonora, and I still think it of great importance that we should do so, to prevent its
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falling into the hands of the Rebels. At that time I was inclined to make Guaymas my base of operations; now I think Yuma a better point from which to move. In anticipation of a fav- orable reply to the proposition I have made, I shall go on making arrangements to move promptly when authorized to do so.
Very respectfully your obedient servant,
G. Wright,
Brigadier-General U. S. Army, commanding. (Indorsement)
Adjutant-General's Office, December 18, 1861.
"If the movement in progress has not already been authorized, please do so at once.
George B. McClellan, Major-General."
In accordance with the suggestion of General Wright, the expedition was organized and con- sisted of the First California Cavalry, five companies, under Colonel Edward E. Eyre; the First California Infantry, ten companies, under Colonel James H. Carleton; a light battery of four brass field pieces, under First Lieutenant John B. Shinn, Third Artillery, U. S. A. After- wards the First California Infantry, under Colonel George W. Bowie, was sent to reinforce the "Column," the whole amounting to about twenty-five hundred men.
The troops composing this Column were as- sembled at Fort Yuma in April, where a large amount of military stores had been sent over- land from Los Angeles, and by boat from San Francisco. All the boats on the Colorado River
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were seized for military purposes, and no one was allowed to pass Fort Yuma without giving a full account of himself, particularly as to his loyalty to the General Government.
In the meantime, on April 5th, Captain Hun- ter of the Confederate Army had occupied Tucson, with instructions to operate as far down as Fort Yuma. Following is his report of his operations :
"Tucson, Ariz., April 5, 1862.
"Colonel John R. Baylor:
"Sir: After a march, made as rapidly as prac- ticable, from the Rio Grande, attended by some violently stormy weather, but without any acci- dent or misfortune save the loss of one of my men, (Benjamin Mayo), who died at the San Simon, I have the honor of reporting to you my arrival at this place on February twenty- eighth. My timely arrival with my command was hailed by a majority, I may say the entire population, of the town of Tucson. I found rumors here to the effect that the town was about being attacked by a large body of Indians; that the military stores of the Federal Army to a large amount had been burned at Guaymas, and that troops from California were on the march up the Gila River for this place; and these re- ports were so well accredited that a few of the citizens, more ultra in their Southern feelings than the rest, were about leaving rather than fall into the hands of their Northern foes, to sacrifice all their interests in this place, and look for safety among their Southern brethren on the Rio Grande.
CONFEDERATE AND FEDERAL OCCUPATION. 93
"Immediately after the departure of Colonel Reilly on March third for Sonora, accompanied by an escort of twenty men under Lieutenant Tevis, I started with the rest of my command for the Pima Villages, where, after my arrival, I negotiated friendly relations with the Indians, arrested A. M. White, who was trading with them, purchasing wheat, etc., for the Northern troops, and confiscated the property found in his possession, a list of which I send you. Among the articles confiscated, were one thousand five hundred sacks of wheat, accumulated by Mr. White and intended for the Northern Army. This I distributed among the Indians, as I had no means of transportation, and deemed this a better policy of disposing of it than to destroy or leave it for the benefit (should it fall in their hands) of the enemy.
"While delaying at the Pima Villages, await- ing the arrival of a train of fifty wagons, which was reported to be en route for that place for said wheat, (which report, however, turned out to be untrue), my pickets discovered the ap- proach of a detachment of cavalry, which detachment, I am happy to say to you, we suc- ceeded in capturing without firing a gun. This detachment consisted of Captain McCleave and nine of his men, First California Cavalry. The Captain and Mr. White I sent in charge of Lieu- tenant Swilling to the Rio Grande.
"I learned also, while at Pima Villages that at every station, formerly Overland, between that place and Fort Yuma, hay had been pro- vided for the use of the Federal Government, which hay I had destroyed at six of the stations
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thus provided. My pickets on yesterday re- ported troops at Stanwix ranch, which is on this side of Fort Yuma, eighty miles.
"Allow me to say in conclusion, that I have no opinion to offer in relation to all these rumors that are afloat, but give them to you as I receive them, knowing that your judgment and experi- ence will dictate the proper course to pursue.
"I am, sir, your obedient servant,
"S. Hunter,
"Captain Company A."
It seems from Captain Hunter's report that the only property of any kind confiscated by his command, was that belonging to or supposed to belong to the Federal Government, and the only civilian arrested was Mr. White at the Pima Villages, whom Hunter declared to have been an agent of the Federal Government, engaged in gathering wheat, etc.
The Confederate Congress passed an Enabling Act for the Territory of Arizona, which was ap- proved on January 18th, 1862. The limits of the Territory extended east and west along the Mex- ican border from the Colorado River to Texas, and followed the 34th parallel of latitude on the north. The seat of Government was fixed at Mesilla. The government organized by Col. Baylor was recognized. The Territory was divided into three Judicial Districts, the three judges of which could act as District Judges and Supreme Court judges in the Territory ; probate judges and justices of the peace, the latter of whom were given jurisdiction in cases in which the amount was below one hundred dollars. Ap- peals could be taken to the Supreme Court of the
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Confederate States in all cases where the amount involved was over one thousand dollars. In any matter, however, in connection with slavery, an appeal could be taken to the Supreme Court of the Confederate States, without reference to the amount involved. Slavery was established as a permanent institution in the following language :
"The institution of slavery in said Territory shall receive all necessary protection, both from the Territorial Legislature and the Congress of the Confederate States." The Pima and Mari- copa Indians were protected in their property holdings.
The Executive power was vested in a Governor to be appointed by the President of the Confed- erate States, who was to hold office for six years and reside at the seat of government in the Ter- ritory, also a Secretary of said Territory who was also to hold office for six years.
The Legislative authority of the Territory was vested in the Governor and a Legislative Assem- bly, the Legislature to consist of a Council and House of Representatives, each to have thirteen members at its first session, to be increased thereafter by the Legislature as the population increased, but the whole number at no time to ex- ceed thirty-nine.
The franchise was given to every free, white male inhabitant above the age of twenty-one years, who should be a resident of the Territory, but no officer, soldier, seaman or marine, or any other person in the Army or Navy of the Con- federate States, or attached to troops in the ser- vice of the Confederate States, not being a citi- zen of the said Territory, was allowed to vote or hold office in said Territory.
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HISTORY OF ARIZONA.
This enabling act was a long instrument, covering almost every point, the principal thing, however, being that everywhere slavery was fully protected and established. It was to take effect upon the proclamation of the President, which was as follows:
"BY THE PRESIDENT OF THE CONFED- ERATE STATES OF AMERICA: PRO- CLAMATION.
"Whereas, an act of the Congress of the Con- federate States of America entitled 'An act to organize the Territory of Arizona,' was ap- proved by me on the 18th day of January, 1862; and whereas, it is therein declared that the pro- visions of the act are suspended until the Presi- dent of the Confederate States shall issue his proclamation declaring the act to be in full force and operation, and shall proceed to appoint the officers therein provided to be appointed in and for said Territory :
"Now, therefore, I, Jefferson Davis, President of the Confederate States of America, do issue this my proclamation declaring said 'Act to organize the Territory of Arizona,' to be in full force and operation, and that I have proceeded to appoint the officers therein provided to be ap- pointed in and for said Territory.
"Given under my hand and the seal of the Confederate States of America at Richmond, this fourteenth day of February, A. D. 1862.
"By the President :
"(Seal)
Jefferson Davis. "R. M. T. Hunter,
"Secretary of State."
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There is no record that I have been able to find that the Confederate Government in Arizona was fully established. Granville H. Oury was recognized as a Delegate from Arizona Territory from January 18th, 1862, and admitted to his seat. The Territory was represented by Marcus H. McWillie, who was admitted March 11th, 1862. It does not appear whether the term of Mr. Oury had expired, or whether he had re- signed. McWillie held his position until the close of the War.
On May 29th, 1862, Col. Baylor, the Governor of Arizona, was authorized to raise five battal- ions for the Confederate service. This amount of men was probably enlisted in the Confederate Army from Arizona.
December 21st, 1864, John R. Baylor, who had been elected to the Congress of the Confederate States, and had been admitted to his seat May 2nd, 1864, wrote a letter to the Secretary of War, urging that an expedition be sent into New Mex- ico and Arizona to recover those territories. He urged that by recapturing Arizona, a route would be opened into Southern California, and that from fifteen thousand to twenty thousand men could be raised in California and in Arizona and New Mexico for the Confederate cause. He also stated that quite a large number of men could be enlisted in Mexico. He insisted that that was the opportune time for making the effort. The proposition was submitted to the President of the Confederate States, and in his reply under date of January 5th, 1865, Jeff Davis said:
7
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HISTORY OF ARIZONA.
"The commanding general of the Trans- Mississippi Department could best judge of the propriety of detaching any portion of his com- mand for the proposed expedition into New Mex- ico and Arizona. We can here decide that if a large force would be requisite that it would be impracticable to spare it. If it be possible to raise in Mexico and in New Mexico and Arizona a number of Southern refugees from California and elsewhere equal to the smallest number named, and who would organize themselves for service with our armies in the field, it would cer- tainly invoke every feasible effort to accomplish such an end. Colonel Harrison thought that could be done and suggested the peculiar capacity of the Hon. Mr. Baylor for the service indi- cated-that of raising the force and putting it into service."
January 24th, 1865, Col. Baylor again urged the Secretary of War for permission to fit out the expedition in Texas to invade New Mexico and Arizona. I make the following extract from his letter :
"Once in the Territories, which are now abundantly supplied with goods, enough prop- erty could be confiscated for the use of the Gov- ernment to defray the expenses of the troops, and as the United States Government is now working numerous silver mines I see no reason why we might not control the same mines and make them yield a revenue for our purposes.
* * * * * *
* * * * *
"It will be remembered that there has been no attempt to recruit for our Government in this section of the country, and so strong is the
CONFEDERATE AND FEDERAL OCCUPATION. 99
Southern feeling in Southern California that the United States Government has never succeeded in enforcing the conscript law or draft there. The people, never having felt the ravages of war, are enthusiastic and would not hesitate to join us in this struggle for independence. Should you think proper to honor me with a commission for the enterprise I have suggested I can only say that I will, as I have ever done, serve my country with all the zeal and ability I possess."
At this time Grant was hammering Lee's dwindling army in front of Richmond; Sherman was driving before him the small force of John- son on his victorious march from Atlanta to the sea ; everything indicated the speedy collapse of the Confederate Government, so no action was taken in the matter, and it is surprising that Col. Baylor could not realize the fact that the Gov- ernment at Richmond was rapidly nearing its downfall.
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HISTORY OF ARIZONA.
CHAPTER V.
THE LABORS OF THE CALIFORNIA COLUMN.
ASSEMBLING OF COLUMN AT FORT YUMA-ITS MARCHES-ARRIVAL AT TUCSON-LETTER OF COLONEL CARLETON --- ORDER FOR ARREST OF SYLVESTER MOWRY-MOWRY HELD PRISONER AT FORT YUMA AND HIS PROPERTY CONFIS- CATED -- MOWRY'S SIDE OF THE STORY-HIS RELEASE AND RESTORATION OF HIS PROPERTY IN VALUELESS CONDITION -- CARLETON PLACES TERRITORY UNDER MARTIAL LAW -- CARLETON MADE BRIGADIER-GENERAL - TAXES UPON MERCHANTS IN TUCSON -- FOOLING THE GOV-
ERNMENT OFFICIALS-BILL BOWERS AND HIS CONTRACT FOR BARLEY-HANK 'N' YANK- C. O. BROWN'S CONTRACT WITH LIEUT .- COL. WEST-FIGHT WITH APACHES-CAPTAIN T. J. JEFFORDS-GENERAL CARLETON'S REPORT TO ADJUTANT-GENERAL-OUTRAGES BY THE INDIANS.
In relation to the expedition of the California Column up the Gila River, I quote from the "Record of California Men in the War of the Rebellion," Adjutant-General's Office, 1890:
"The troops composing the column were as- sembled at Fort Yuma in April, and early in that month information was received at that post that the Confederates, under Hunter, were on their way down the Gila, when a reconnoitering party, under Captain William P. Calloway, con- sisting of his own Company I, First California Infantry, a detachment of Company A, First
THE LABORS OF THE CALIFORNIA COLUMN. 101
California Cavalry, under Lieutenant James Barrett of Company A and E. C. Baldwin of Company D, and a detachment of Company K, First Infantry, under Lieutenant Jeremiah Phelan, with two mountain howitzers, was sent out with orders to proceed along the Overland route as far as Tucson. This command reached the Pima Villages with no other signs of the Confederates than a number of burned hay- stacks at the different stations. Upon approach- ing the Picacho, April 15, 1862, the Indian scouts brought information that a detachment of Con- federates was in the immediate front. The de- tachment of cavalry was ordered to make a wide detour, so as to strike them on the flank, while the Captain, with the main party, was to attack them in front. The enemy was not found in the immediate front, but, after travelling several miles, rapid firing was heard in advance, and, arriving upon the spot, it was found that Lieuten- ant Barrett had located the Rebel pickets, and the first information they had of the Union forces was their charging in among them. Lieu- tenant Barrett and two men were killed and three men wounded. These were the first Cali- fornia Volunteers killed or wounded during the war. The Rebel loss was two men wounded and three prisoners. The graves of the Union Lieu- tenant and his men may now be seen within twenty feet of the Southern Pacific Railroad, as it goes through Picacho Pass. The Union forces remained on the ground that night, and the next morning, the Captain, against the pro- test of all his officers, ordered his party to fall back. Near Stanwix Station they met the ad-
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vance of the 'California Column' under Col- onel West, when all proceeded to the Pima Vil- lages, where a permanent camp was established, and earthworks thrown up about the flouring mill of Mr. Ammi White, who had been carried away prisoner by Captain Hunter, a few days before. This earthwork was named Fort Bar- rett, in honor of the young Lieutenant who had been killed in the skirmish at the Picacho. A halt was made here to allow the different de- tachments of the 'Column' to close up, as not over four companies could move together over the desert on account of the scarcity of water. On the fifteenth of May Colonel West, with the advance detachment, moved out of Fort Barrett for Tucson. They moved up the Gila River to old Fort Breckenridge, near the confluence of the Gila and San Pedro Rivers, where the Amer- can flag was again run up on the flagstaff of the Fort, amid the cheers of the men. On the morn- ing of the twentieth, Tucson was occupied, the Confederates having abandoned it on the ap- proach of the 'California Column,' and re- turned to the Rio Grande."
According to the official communication of Colonel Carleton to the Adjutant-General of the United States Army, San Francisco, California, under date of May 25th, from Fort Barrett, Pima Villages, the advance guard of the Califor- nia Column, under Lieutenant-Colonel Joseph R. West, First Infantry, California Volunteers, took possession of Tucson, Arizona, on the 20th of that month, without firing a shot. The report says that all the Secession troops who were in the Territory, and all the Secessionists, had fled, the
THE LABORS OF THE CALIFORNIA COLUMN. 103
troops to the Rio Grande, the citizens to Sonora. That the arrival of the Union troops was hailed with joy, and that the troops would, doubtless, be able to get some forage, flour and beef, and, per- haps, some sugar from Sonora.
The next official communication from Colonel Carleton, was dated from Tucson, June 10th, 1862. In it he says :
"I am making every endeavor to get supplies together.
* Meantime, I shall try to straighten up matters here so that when a man does have his throat cut, his house robbed, or his field ravaged, he may at least have the consola- tion of knowing that there is some law that will reach him who does the injury. I enclose here- with a paper which seems to touch this point. I have not called it a proclamation, because, nowa- days, every military commander makes one, and I had hoped to shun, in this respect, their exam- ple. Whatever name the instrument may go by, I hope the General will see nothing in it that is not just and called for by the necessities of the case. It already seems to have gratifying re- sults.
"I shall send to Fort Yuma, for confinement, starting them to-day, nine of the cutthroats, gamblers, and loafers who have infested this town to the great bodily fear of all good citizens. Nearly every one, I believe, has either killed his man, or been engaged in helping to kill him. I shall send on a detailed account of the causes which justify their arrest and removal from the territory. They should be held prisoners at Alcatraz until the end of the war. If discharged
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at Fort Yuma, they will get back here again and give trouble.
"I have sent to arrest Mr. Sylvester Mowry, and all the people at his mine. It is possible I shall be obliged to hold Mr. Mowry as a prisoner. That he has been guilty of overt as well as covert acts of treason, there is hardly a doubt. I con- sider his presence in this territory as dangerous to its peace and prosperity. Inclosed are copies of certain charges against him, and of the in- structions for his arrest.
"In a few days I will inform the General of my fortune and prospects in getting supplies from Sonora."
The charges which caused the arrest of Mr. Mowry were made by one T. Scheuner, metallur- gist at the Mowry Silver Mine, and were con- veyed to General Carleton in a letter under date of May 11th, 1862.
The order for Mowry's arrest is as follows :
"Headquarters Column from California,
Tucson, June 8, 1862.
"Colonel : The Colonel commanding confides to your charge the duty of arresting and conveying to this post, as a prisoner, one Sylvester Mowry, now at the Patagonia Mines, some ninety miles distant from here near the Sonora line.
"Charges of a treasonable complicity with Rebels have been preferred against Mowry, and there is little doubt but what he has rendered assistance and furnished supplies to their forces. From the moment that he falls into your hands, you will interdict all communications by word or sign between him and his people, except such as you shall personally supervise.
THE LABORS OF THE CALIFORNIA COLUMN. 105
"You will seize all his personal papers and any documents of a political character that you may find on the premises and bring them to these headquarters.
"You will also take into custody and bring as prisoners to this post all persons whom you find at the Patagonia Mines, using such discretion in your control of them as will prevent their doing anything to the prejudice of your movements or to the United States Government.
"You will see that your prisoners have sup- plies for the road; and you may, if necessary, use any subsistence that falls into your hands at the mines.
"You must bring every man that you arrest to this post without fail. It is reported that a re- spectable German was murdered quite recently at the Patagonia Mines. You will make careful inquiry into this matter and report the facts.
"In order to protect the interests of the own- ers of the Patagonia Mines, on taking possession of the same, you will make a minute inventory of all the movable property comprising mining implements and machinery, cattle, horses, arms, provisions, and any other articles appertaining to the mines. This inventory must be verified and signed in duplicate by yourself and by the two officers next in rank of your command. One copy of this inventory you will leave with the commanding officer of the guard that you place in charge of the mine, who will be held responsi- ble for the safe keeping and preservation of the property named upon it. You will bring all supplies, arms and ammunition found at the
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mine to the post, using of either such as you may need for your command.
"As soon as you have complied with the fore- going instructions, you will leave such guard in charge of the mine and property as you may deem adequate for security. Captain Willis and his twenty-five infantrymen will perhaps be sufficient, but of this you must be the judge. Then return with the remainder of your com- mand to this post. Should an opportunity offer in the meantime, you will report progress to these headquarters. At the Patagonia Mine, and in the vicinity and en route thereto, you will ascertain and report upon the facilities avail- able for subsisting troops and foraging animals.
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