USA > Arizona > History of Arizona, Vol. II > Part 8
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"The force entrusted to your command for the execution of the foregoing duties, comprises sixty of the First Cavalry, California Volun- teers, Captain Fritz commanding, and twenty- five of the First Infantry, California Volunteers, Captain Willis; the latter officer with twelve men you will find in advance at Brevoort's Ranch.
"The cavalry have rations to the twentieth, the infantry to the thirtieth instant.
"The whole command is supplied with fifty rounds of ammunition per man.
"Inclosed herewith is an extract from a letter which should claim your careful consideration. "I have the honor to be, very respectfully,
Your obedient servant, Ben C. Cutler,
"First Lieutenant, First Infantry, California Volunteers Acting Asst. Adjutant-General. "Lieut .- Col. Edward E. Eyre, First Cavalry, California Volunteers, Tucson."
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And, on June 16th, 1862, the Colonel com- manding issued the following :
"Special Orders.
No. 17
Tucson, Arizona, June 16, 1862. Headquarters Column from California.
1. A Board of Officers, to consist of Lieut- Col. Joseph R. West, First Infantry, California Volunteers, and Captain Nicholas S. Davis, First Infantry, California Volunteers, will assemble at this post at 4 p. m. today, or as soon thereafter as practicable, to investigate certain charges and facts tending to show that Mr. Syl- vester Mowry, of the Patagonia Mines, in this territory, is an enemy to the Government of the United States, and that he has been in treason- able correspondence and collusion with well known Secessionists, and has offered them aid and comfort when they were known publicly to be enemies of the legally constituted authority and Government of the United States.
"The Board will be duly sworn to the faithful performance of its duty, and will examine wit- nesses on oath, and will examine and make certi- fied extracts from such documents as may be laid before them, which may have immediate or im- portant bearing on these points, and the Board will report, in writing and in full, the evidence it receives on all these matters, and its opinions whether or not there are sufficient grounds to re- strain of his liberty and bring to trial before a Military Commission, the said Mr. Sylvester Mowry.
2. The Board will also inquire into the truth of a report that a respectable German citizen was
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HISTORY OF ARIZONA.
recently murdered at or near Patagonia Mines, in this Territory, and report in writing the evi- dence in the case and their opinion, in the event they find the report to be true, as to who are probably the guilty parties.
"The record of this investigation will be made up separately from that ordered in the first paragraph hereof.
3. Second Lieut. Erastus W. Wood, First In- fantry, California Volunteers, is appointed Sec- retary of the Board, and will be duly sworn by the President thereof to a faithful discharge of his duties as such.
"By order of Colonel Carleton.
Ben C. Cutler,
First Lieut. First Infantry, Cal. Vols. A. A. A. Gen'l."
On the 16th of July, 1862, the Board so ap- pointed to investigate the acts of Mr. Mowry, re- ported as follows :
"Headquarters Column from California.
Tucson, Ariz., July 16, 1862.
"The Board having examined the foregoing personal testimony and documentary evidence, as directed by Special Orders No. 17, and by the letters of the Colonel commanding the Column from California to the President of this Board, which said order and letters are copied on and made part of these records, are of opinion that said Sylvester Mowry is an enemy to the Gov- ernment of the United States, and that he has been in treasonable correspondence and collu- sion with well known Secessionists, and has offered them aid and comfort when they were known publicly to be enemies to the legally con-
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stituted authority and Government of the United States, and that there are sufficient grounds to restrain the said Sylvester Mowry of his liberty, and bring him to trial before a Military Commis- sion.
J. R. West,
Lieutenant Colonel, First Infantry, California Volunteers, President.
Charles A. Smith,
Captain, Fifth Infantry, California Volunteers. Nicholas S. Davis,
Captain, First Infantry, California Volunteers. Erastus W. Wood, Second Lieutenant, First Infantry, California Volunteers, Secretary."
Sylvester Mowry was held a prisoner at Fort Yuma for nearly six months, and was never brought to trial. Mowry himself declares that it was a matter of personal spite on the part of Colonel Carleton. He says :
"In June, 1862, the proprietor of the Mowry Silver Mines was seized by a large armed force, under the orders of General J. H. Carleton, while in the legitimate pursuit of his business, and re- tained as a political prisoner for nearly six months. This seizure was made upon a false, ridiculous and malicious charge. After nearly six months' close confinement, the writer was discharged, 'there being no evidence' (in the opinion of the court which tried his case) 'either oral or documentary against him;' a charming commentary upon the constitutional guarantee to every citizen of 'life, property, and the pur- suit of happiness.' The mines were placed in
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HISTORY OF ARIZONA.
the hands of a dishonest and incompetent man as government receiver, who did much damage, caused great loss, and finally, on being obliged to give up his place, made away with nearly all the goods, wood, coal, arms and stores at the mines. No improvements were made during this per- son's administration, and the property now being held by the Federal Government, under pre- tense of the Confiscation Act, none can be made by the owner until his property is restored to his possession. This will undoubtedly be done as soon as the authorities at Washington can be heard from, as the seizure was illegal, and dic- tated by personal hostility on the part of General Carleton."
Sufficient to say that after being held a pris- oner at Fort Yuma for a period of nearly six months, and his property being confiscated, Mowry was released, and afterwards his prop- erty was restored to him, but in a condition that left it valueless as far as he was concerned. He was never afterwards able to re-finance it.
The following is a copy of an order by Colonel Carleton organizing the Territory of Arizona, and placing it under martial law :
"To all whom it may concern :
"The Congress of the United States has set apart a portion of New Mexico, and organized it into a Territory complete by itself.
"This is known as the Territory of Arizona. It comprises within its limits all the country eastward from the Colorado River, which is now occupied by the forces of the United States, known as the 'Column from California.' And as the flag of the United States shall be carried
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by this Column still further eastward, these limits will extend in that direction until they reach the furthest geographical boundary of this Territory.
"Now, in the present chaotic state in which Arizona is found to be, with no civil officers to administer the laws, indeed, with an utter ab- sence of all civil authority, and with no security of life and property within its borders, it be- comes the duty of the undersigned to represent the authority of the United States over the peo- ple of Arizona, as well as over all those who com- pose, or are connected with, the Column from California.
"Thus, by virtue of his office as Military Commander of the United States forces now here, and to meet the fact that wherever within our boundaries our colors fly, there the Sover- eign power of our country must at once be ac- knowledged and law and order at once prevail, the undersigned as a Military Governor assumes control of this Territory until such time as the President of the United States shall otherwise direct.
"Thus also it is hereby declared that until Civil officers shall be sent by the Government to organize the civil Courts for the administration of justice, the Territory of Arizona is hereby placed under martial law.
"Trials for capital offenses shall be held by a Military Commission, to be composed of not more than thirteen nor less than nine commis- sioned officers.
"The rules of evidence shall be those custo- mary in practice under the common law.
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HISTORY OF ARIZONA.
"The trials shall be public, and shall be trials of record; and the mode of procedure shall be strictly in accordance with that of Courts mar- tial in the Army of the United States.
"Unless the public safety absolutely requires it, no execution shall follow conviction unless the orders in the case by the President shall be known.
"Trials for minor offenses shall be held under the same rules, except that for these a Commis- sion of not more than five nor less than three commissioned officers may sit, and a vote of the majority shall determine the issue. In these cases the orders of the officer organizing the Commission shall be final.
"All matters relating to rights in property and lands which may be in dispute, shall be deter- mined for the time being by a Military Commis- sion, to be composed of not more than five or less than three commissioned officers. Of course, appeals from the decisions of such Commissions can be taken to the civil Courts when once the latter have been established.
"There are certain fundamental rules for the government of the people of this Territory, which shall be rigidly enforced ;
1. No man who has arrived at lawful age shall be permittted to reside within this Terri- tory who does not, without delay, subscribe to the oath of allegiance to the United States.
"No words or acts calculated to impair that veneration which all good patriots should feel for our country and Government will be toler- ated within this Territory or go unpunished, if sufficient proof be had of them.
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"No man who does not pursue some lawful calling, or have some legitimate means of sup- port, shall be permittted to remain in the Terri- tory.
"Having no thought or motive in all this but the good of the people, and aiming only to do right, the undersigned confidently hopes and ex- pects in all he does to further these ends to have the hearty co-operation of every good citizen and soldier in Arizona.
"All this is to go into effect from and after this date, and will continue in force unless dis- approved or modified by General George Wright, United States Army, commanding, the Department of the Pacific, under whose orders the Column from California has taken the field.
"Done at headquarters of the Column from California, in Tucson, Ariz., this eighth day of June, A. D. 1862.
James H. Carleton,
Colonel First California Volunteers, Major U. S. Sixth Cavalry."
This instrument or proclamation was ap- proved by General Wright, commanding the De- partment of the Pacific in words following :
"Headquarters Department of the Pacific. San Francisco, June 28, 1862.
"The proclamation of Col. James H. Carleton, now Brigadier-General of Volunteers, U. S. Army, dated at his headquarters in Tucson, Ter- ritory of Arizona, June 8, 1862, is hereby ap- proved and confirmed, and will remain in full force until the civil authority shall be re-estab- lished in the Territory.
G. Wright,
Brigadier-General U. S. Army, Commanding,"
8
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HISTORY OF ARIZONA.
Colonel Carleton was made a Brigadier-Gen- eral on April 28th, 1862, and his commission reached him in June of that year. Upon de- claring himself Military Governor of Arizona, he appointed assistant adjutant-general Benj. Clark Cutler, to be Secretary of the Territory of Arizona "while the said Territory remains under martial law, or until the time his successor shall be appointed to take his place."
His duties were to record and preserve all the acts and proceedings of the Governor in the Ex- ecutive Department, and to transmit an authen- tic copy of these acts and proceedings through the General commanding the Department of the Pacific, to the President of the United States on the last day of every month. The Secretary of State was also empowered to administer oaths.
This proclamation was dated from Tucson, June 11, 1862. On the same date General Carle- ton issued the following proclamation :
"Executive Department, Territory of Arizona.
Tucson, Ariz., June 11, 1862. "To All Whom It may Concern :
"Be it known, that by virtue of the authority vested in myself as Military Governor of Ari- zona, I hereby empower the following officers with the right to administer oaths within this Territory while it shall remain under martial law ; that is to say :
"Lieut .- Col. Joseph R. West, First Infantry, Cal. Vols .; Lieut .- Col. Edward E. Eyre, First Cavalry, Cal. Vols .; Maj. Edwin A. Rigg, First Infantry, Cal. Vols .; Maj. Theodore A. Coult, Fifth Infantry, Cal. Vols .; Maj. David Fergu- son, First Cavalry, Cal. Vols .; Capt. Treadwell
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Moore, Assistant Quartermaster, U. S. Army, also the Presidents and Judge-Advocates of Military Commissions, when such commissions are in session.
James H. Carleton,
Colonel First Cal. Vols., Major U. S. Sixth Cavalry.
"By the Governor.
Benj. C. Cutler,
Acting Asst. Adj. Genl. Military Secretary of State."
And, on the following day he issued the fol- lowing :
"Executive Department, Ariz. Territory.
Tucson, June 12, 1862.
"To All Whom It may Concern:
"Be it known :
I. That from and after this date a monthly tax of five ($5) dollars for license to trade shall be lev- ied on all merchants in Tucson, Arizona, includ- ing those who shall traffic within a mile in every direction from its suburbs, whose monthly sales of merchandise amount to five hundred ($500) dollars, or under, and an additional tax of one ($1) dollar per month for each additional monthly sale of one hundred dollars.
II. That every keeper of a gambling house within the aforesaid limits shall pay a tax of one hundred ($100) dollars per month for each and every table in said house whereon any bank- ing game is played.
III. That every keeper of a bar, where wines, spirituous or malt liquors are to be sold, shall pay a tax of one hundred ($100) dollars per month to keep said bar.
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HISTORY OF ARIZONA.
IV. All keepers of gambling-houses, for the non-payment of license for gambling tables, will be fined fifty ($50) dollars for the first offense ; for the second offense he shall have his money, implements, tools, etc., seized and the same shall be confiscated, and he shall pay a fine of one hundred ($100) dollars, and be forbidden to again gamble in this Territory.
V. Any person who, after this date, shall sell, without a license, any intoxicating liquors or drinks, shall be fined fifty ($50) dollars for the first offense; for the second offense he shall pay a fine of one hundred ($100) dollars, and forfeit all the liquors in his possession.
VI. The commanding officer of Tucson is hereby empowered to grant licenses under these rules, and collect all taxes, fines and forfeitures. The moneys thus collected shall be turned over to the Medical Director, who shall receipt for the same and add it to the Hospital Fund, to be used exclusively for the benefit of the sick and wounded soldiers belonging to the Column from California until further orders.
VII. All sales made by the Government of the United States shall be exempt from taxation, and no license is necessary for the sale of forage, subsistence stores, fruits or vegetables.
"By order of Colonel Carleton.
Ben C. Cutler,
Act. Asst. Adj .- Genl. Military Secretary of State."
Times were evidently booming among specu- lators and adventurers at Tucson following the advent of the California Column. As an evi-
THE LABORS OF THE CALIFORNIA COLUMN. 117
dence of this, I quote the following from Hil- zinger's "Treasure Land":
"Money was easily made when the California volunteers came to Tucson in 1863. Barley brought ten cents a pound and was hard to get at any price.
"The quartermaster's office used to be about where the New Orndorff Hotel now stands, and the scales stood just outside.
"On one occasion, Bill Bowers learned that the quartermaster was short on barley, and that Nick Chambers had all there was in town, about a wagon load. Billy hunted up the quarter- master and contracted to deliver ten loads at a high figure, the grain to be weighed on the scales and then delivered at the corral half a mile away. Being an ignorant frontiersman, he didn't want any vouchers or other red tape about the busi- ness, and insisted upon receiving cash for each load as it was weighed.
"Having arranged these preliminaries to his satisfaction he began business by borrowing a team from Nick Chambers and the use of his load of barley. Loading it on the quarter- master's scales, he received its value and re- loaded it again. He ought to have taken it to the corral according to contract, but seeing that it was only borrowed, he didn't feel that it was right to do this, besides a little more weighing wouldn't hurt it in the least, so making a detour, he returned it to the scales and received an- other payment for it. He was again on the horns of a dilemma. If he took the grain to the corral, he was disposing of property which didn't belong to him, and if, on the other hand,
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HISTORY OF ARIZONA.
he failed to deliver ten loads to the Government, he violated his contract. Billy solved the prob- lem by weighing the barley ten times, and then returning it to its owner, a trifle the worse for handling, but still merchantable. Half an hour afterwards he was on the road to Tubac, and has not been heard of since.
"Nick Chambers swore that he was not privy to the scheme, and believed the barley had been borrowed just to give the animals a smell of decent feed, but as he was reputed to be a shrewd trader, the popular verdict was against him.
"Hank and Yank, as well as others, coined money on hay contracts. If they didn't get two or three heavy weight teamsters on the scales for good measure it was because the scales were fixed otherwise. Up at a camp near Maricopa they built a stone corral with the rocks that came in the hay."
(The real names of Hank 'n' Yank were Hank Hewitt and John Bartlett.)
At the time of the occupation of Tucson by the California Column under Lieutenant-Colonel J. R. West, who was appointed the military com- mander of that town, Charles O. Brown, who afterwards became identified with the early his- tory of Arizona, was running a gambling-house and saloon in Tucson. He made the following statement to the writer : "That he received notice from Colonel West, asking him to meet him at a certain place just outside of the town walls for a conference. Brown feared at the start that West intended to arrest him, but the Colonel asked him why he did not leave the Territory with the Confederates when they left. Brown's reply
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was that he was born in New York; that he was in Tucson before they came, and he concluded the best thing for him to do was to remain there after they had left." After some other prelimi- nary talk, the Colonel asked him if he would like to have the exclusive privilege of selling liquor and running a gambling hall in Tucson. Brown said he would. The Colonel then said he would give it to him if he would pay him five hundred dollars a month for the privilege, which Brown consented to do. The only condition placed upon him was that he should not sell liquor to drunken soldiers; that when they came under its influence, to allow them to have no more. Brown said that he made a great deal of money through this privilege; that his saloon was crowded all the time, and that he had a little back room where the officers congregated and where he gave them the best that he could find in the way of alcoholic stimulants, which kept them all in line.
The only authority for this statement is that made by Brown himself to the writer. He further said that after the withdrawal of the main body of troops from Tucson and its neigh- borhood into New Mexico, he followed them to Mesilla, where he continued the business. After the disbanding of the California Column, Brown returned to Tucson and settled permanently.
There was some difficulty in establishing com- munication between the California Column and General Canby, who was in command of the Federal forces in New Mexico. On the 15th of June, 1862, General Carleton sent from Tucson an expressman, John Jones, and Sergeant
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HISTORY OF ARIZONA.
Wheeling. of Company F, First Infantry, Cali- fornia Volunteers, and a Mexican guide named Chavez, with communications for General Canby. On the 18th these men were attacked by a party of Apaches. Sergeant Wheeling and the guide, Chavez, were killed, and Jones made a miraculous escape, succeeded in getting through the Indians, and, after a hot pursuit on their part, reached the Rio Grande at a point known as Picacho, six miles above Mesilla, where he was taken prisoner by the Secessionists, who brought him before Colonel Steele who examined him, took his dispatches and threw him in jail. He managed, however, to get word to General Canby that he was there, and that the Column from California was really coming, an achieve- ment which was considered absolutely imprac- ticable, and this was the first intimation given either to Federal or Confederate troops that the advance of the California Column was then at Tucson. General Carleton says: "As soon as Steele ascertained this matter as a fact, hurried preparations were made to abandon the country. Meantime General Canby had sent a large force to Fort Craig to move on Mesilla as soon as transportation could be provided."
About this time Captain T. J. Jeffords was sent from Mesilla, New Mexico, by General Canby, as a bearer of dispatches to General Carleton, which he delivered in person.
There were several battles between the Fed- eral and Confederate forces in New Mexico be- fore the retirement of the former into Texas, which, however, have no part in this history.
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In an official communication to the Adjutant General in San Francisco, under date of Sep- tember 20th, 1862, from Santa Fe. New Mexico, General Carleton, who had succeeded General Canby in command in New Mexico and Arizona, says :
"I left Tucson myself on the twenty-third of July, passed Colonel West with most of the troops, encamped on the San Pedro on the twenty-fourth, and led the advance of the Col- umn from that point to Las Cruces, New Mexico, with one company of infantry and two of cavalry. From the hostile attitude of the Chiricahuas, I found it indispensably necessary to establish a post in what is known as Apache Pass; it is known as Fort Bowie, and garrisoned by one hundred rank and file of the Fifth In- fantry, California Volunteers, and thirteen rank and file of Company A, First Cavalry, Cali- fornia Volunteers; this post commands the water in the pass. Around this water the In- dians have been in the habit of lying in ambush, and shooting the troops and travellers as they came to drink. In this way they killed three of Lieutenant-Colonel Eyre's command, and in at- tempting to keep Captain Robert's company, First Infantry, California Volunteers, away from the spring, a fight ensued, in which Cap- tain Roberts had two men killed and two wounded. Captain Roberts reports that the Indians lost ten killed. In this affair, the men of Captain Roberts are reported as behaving with great gallantry.
"Two miles beyond Apache Pass, I found the remains of nine white men, who had been mur-
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HISTORY OF ARIZONA.
dered by the Indians. They were a party travelling from the Pinos Alto Mines to Cali- fornia; one of them had been burned at the stake. We saw the charred bones, and the burnt ends of the rope by which he had been tied. The remains of seven of these men were buried on the spot. From the Rio de Sauz to Ojo de la Vaca there was a great dearth of water."
The California Column had many fights and skirmishes with the hostile Indians in their march through Arizona and New Mexico, a few of which I note.
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CHAPTER VI. THE LABORS OF THE CALIFORNIA COLUMN (Continued).
ATTACK UPON VILLAGE OF PINOS ALTOS-ARI- ZONA GUARDS-MANGUS COLORADO-WHIP- PING OF-UNION OF MANGUS COLORADO AND COCHISE-MASSACRE OF MINERS BY APACHES -BATTLE OF APACHE PASS-DESCRIPTION BY CAPTAIN CREMONY-ESCAPE OF JOHN TEAL-HIS SHOOTING OF MANGUS COLORADO -INTRODUCTION OF ARTILLERY TO THE IN- DIANS-RECOVERY OF MANGUS COLORADO.
On the morning of September 27th, 1861, a force of over two hundred warriors attacked the mining village of Pinos Altos, but, fortunately for the people, Captain Martin had arrived the night before with a detachment of Arizona Guards, a volunteer organization, and after sev- eral hours hard fighting, the Indians were driven off with considerable loss. Soon after one hun- dred and fifty warriors attacked a large wagon train, one day out from Pinos Altos, and be- sieged it for fourteen hours. The train escaped destruction by the timely arrival of the Arizona Guards, who escorted it to the Mimbres River.
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