History of Arizona and New Mexico, 1530-1888, Volume XVII, Part 54

Author: Bancroft, Hubert Howe, 1832-1918; Oak, Henry Lebbeus, 1844-1905
Publication date: 1889
Publisher: San Francisco : The History Company
Number of Pages: 890

USA > Arizona > History of Arizona and New Mexico, 1530-1888, Volume XVII > Part 54
USA > New Mexico > History of Arizona and New Mexico, 1530-1888, Volume XVII > Part 54

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23 Cong. Globe, 1856-7, p. 815-21, 830; 34th cong. 3d sess., H. Rept 117; H. Jour. 515; 35th cong. Ist sess., H. Jour. 137, 210. The bill passed the seuate Feb. 21st, and was still before the house in Jan. 1858. It was a long and complicated bill, dealing with the many complications of Mexican land titles, etc .; and this seems to have been the chief ground of opposition in the senate, led by Mr Crittenden. There was no discussion on its merits in the house. Mowry, Mem., 25, says the bill passed both houses, but owing to minor differences and the lateness of the session, failed to become a law.

2 Gwin's bill included, not only the Gadsden purchase, but Doña Ana county in N. Mex., extending east to Texas. It was introduced Dec. 17, 1857; reported with an amendment by the com. on territories Apr. 8, 1858; postponed on June 14th to Dec .; recommitted Dec. 13th; and adversely re- ported Feb. 8, 1859. U. S. Govt Doc., 35th cong. Ist. sess., Sen. Jour. 47, 329, 719; Cong. Globe, 1857-8, p. 13, 62, 1531, 3042; 1858-9, p. 48, 103. Also on N. Mex. memorial and other preliminaries, Sen. Miscel. Doc. 208; H. Miscel. Doc. 101; Sen. Jour. 41, 52, 245, 296; H. Jour. 524, 271; president's mes- sages, in H. Ex. Doc. 2, p. 26; 35th cong. 2d sess., H. Ex. Doc. 2, p. 19. I find no authority for the statement in Ariz., Jour. 1st Legis., 11, that Gwin's bill ' was defeated by a decided vote.' Of the election in Arizona I find no more definite record than the statement in a letter of S. Warner from Tucson, Mowry's Mem., 22, that it was held on the Ist Monday in Sept. 1857. Mowry was already at Washington, whither his certificate of election was sent. This document was presented to congress in Jan. 1858, and excited some debate, though on purely parliamentary points. Cong. Globe, 1857-8, p. 312. See also S. F. Alta, Feb. 8, Mar. 23, May 13, Aug. 15, 1858.

506

THE GADSDEN PURCHASE.

bills of similar nature were introduced but defeated; and the people of Arizona held other meetings, and sent more memorials, to which little attention was paid.25 As a rule, there was no debate on these bills, so that the ground of opposition is not very clearly indicated ; but it was doubtless founded mainly on the old sec- tional quarrel growing out of the slavery question, though the exact force of the slavery issue in Arizona is not very apparent, or the proper time to raise that issue would seem to have been in 1854, when the Gads- den purchase was attached to New Mexico. But the purchase had been a southern measure, the coun- try was in southern hands, and it was felt that the territorial organization must be in some way a scheme for southern aggrandizement. Moreover, the popula- tion-represented as fromn 8,000 to 10,000-and the country's need of a government were thought to be exaggerated, and it was feared the whole project was that of a few office-seeking speculators in mines or lands; so that the measure could not command the full support even of the democratic party, while of course the north was not strong enough to organize the territory with any kind of Wilmot proviso.

In 1860, from the 2d to the 5th of April, there was

25 On Dec. 10, 1858, a bill was introduced in the house by Mckibben, and another by Stephens Jan. 20, 1859. This was laid on the table by a vote of 121 to 79, on Feb. 16th. During the debate, an amendment was offered by Grow to the effect that slavery remain abolished as per Mex. laws. Cong. Globe, 1858-9, p. 657, 1063; 35th cong. 2d sess., H. Jour. 58, 223, 278, 419; Sen. Jour. 50-1, 284. In his message of Jan. 1858, the gov. of Cal. recom- mended action in favor of Arizona as a territory. Cal. Jour. Ass., 1858, p. 56. On June 19, 1859, a convention met at Mesilla, presided over by Jas A. Lucas with S. W. Cozzens as sec .; and in its resolutions reaffirmed the resolutions of a similar convention of Sept. 3, 1858, complained that no court had been held south of the Jornada del Muerto for 3 years, declared that the south would take no part henceforth in N. Mex. elections, favored an election for delegate on Sept. Ist, approved the acts of Mowry (who addressed the meet- ing) and nominated him for reelection, and sent representatives of each town to a convention to be held at Tucson on June 27th. Hayes' Scraps, Ariz., v. 253-4. The Tucson meeting was held July 3d, John Walker president, J. H. Wells sec., was addressed by Mowry, and adopted resolutions similar to those of the Mesilla convention. Mowry thought the prospects good if he were reelected. Id., 264-5. He was reelected alinost unanimously, receiving 2,164 votes at the Sept. election. Id., 269-71. See also Sac. Union, May 20, 1859; S. F. Bulletin, Jan. 31, May 18, June 7, 1859; S. F. Alta, May 22, June 23, 1859.

507

CONSTITUTIONAL CONVENTION.

held at Tucson a constitutional convention composed of 31 delegates, which proceeded to "ordain and estab- lish" a provisional constitution to remain in force "until congress shall organize a territorial government and no longer." The new territory included all of New Mexico south of latitude 33° 40', and was divided by north and south lines into four counties. A gov- ernor was elected in the person of Dr L. S. Owings of Mesilla; three judicial districts were created, the judges to be appointed by the governor, as were also an attorney-general, lieutenant-governor, and other officials; a legislature of nine senators and eighteen representatives was to be elected and convened at the governor's order; provision was made for organizing the militia; an election of county officers was called for May; the general laws and codes of New Mexico were adopted; and the records of the convention, schedule, constitution, and governor's inaugural ad- dress were printed at Tucson in what was, so far as I know, the first book ever published in Arizona. 26 If anything was done under this soi-disant government beyond the election and appointment of officials, I have found no record of the fact. In November, Edward McGowan, district judge under the new régime, and somewhat notorious in California annals,

26 Arizona, The Constitution of the Provisional Government of the Territory of Arizona, and the proceedings of the convention held at Tucson. Tucson, J. How- ard Wells, publisher, 1860, 12mo, 23 p. James A. Lucas was president, and the sec. were G. H. Oury and T. M. Turner. The places represented were Mesilla, Sta Rita del Cobre, Las Cruces, Doña Ana, La Mesa, Sto Tomás, Picacho, Amoles, Tucson, Arivaca, Tubac, Sonoita, Gila City, and Calabazas. Capt. R. S. Ewell, U. S. A., occupied a seat by invitation. Thanks were voted to Mowry, and to Ewell and the military officers; and a protest was adopted against the removal of any part of the troops. The counties were, 1, Doña Ana, all east of the Rio Grande; 2, Mesilla, from the river west to the Chiricahui Mts .; 3, Ewell, from the mts west of a line crossing the Little Desert, near the centre; and 4, Castle Dome, all west of Ewell county. See also newspaper records of the convention and matters connected therewith in Hayes' Scraps, Ariz., v. 205-320, passim. The governor's appointments were as follows: Lieut .- gov., Ignacio Orantia; sec. state, James A. Lucas; con- troller, J. H. Wells; treasurer, M. Aldrich; marshal, Sam. G. Bean; district judges, G. H. Oury (chief justice), S. H. Cozzens, and Edward McGowan; district attorneys, R. H. Glenn, Rees Smith, Thos J. Mastin; major-general, W. C. Wordsworth; adj .- gen., Palatine Robinson. See also S. F. newspa- pers of the year; Barter's Directory of Tucson, 1881, p. 11-12.

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THE GADSDEN PURCHASE.

was elected delegate to congress to succeed Mowry.27 The New Mexican legislature this year passed new resolutions in favor of a division; and also by act of February 1st created a new county called Arizona, from the western portion of Doña Ana county, with Tucson as county seat; but no attention was paid to this act, and it was repealed two years later.28 In December a bill to organize the territory came up again in congress, but without success, even though the proposed name was changed to Arizuma to suit the whim of some theorist. There was some debate, but all on the slavery question, and without definite reference to Arizona, as was indeed natural enough at this time of secession acts.29

Finally, in March 1862, the Arizona bill was again introduced and discussed in congress. The southern element being eliminated, the measure was now a re- publican one, containing a proviso against slavery, though it met opposition from members of both parties. Unlike former bills, this adopted a north and south boundary on the meridian of 109°, and named Tucson as the capital. Watts, the New Mexi- can delegate, and Ashley, of Ohio, were its chief advocates in the house, and Wheeler of New York the opposition spokesman. On the one side it was argued that Arizona's white population of 6,500 and 4,000 civilized Indians were entitled to a protection and a civil government as citizens of the United States, which they had not received and could receive under the territorial rule of New Mexico, the vast mineral wealth of the country amply justifying the necessary expenditure. On the other side, it was claimed that the population had never been sufficient

27 Hayes' Scraps, Ariz., v. 283, 286, 310.

28 U. S. Govt Doc., 36th cong. Ist sess., Sen Miscel. Doc. 2]; N. Mex., Comp. Laws, sec. 267. The law is not given, but only the repealing act. It is mentioned also in congressional debates.

29 Cong. Globe, 1860-1, pp. 195 et seq. Jefferson Davis was the author of this bill. Id., 1861-2, p. 2027. I have found no indication of McGowan's presence at Washington, except a reference, Ib., to three delegates having been sent-that is, Cook, Mowry, and McGowan. Nor is there any allusion in congress to the provisional govt.

509

TERRITORY OF ARIZONA.

for a territory, that the 6,500 of the census included Mexicans and half-breeds unfit for citizens, that the American population had now been driven out, and the territory was in possession of rebels and hostile Indians. It was alleged that under such circum- stances a civil government would be no real protection, and would be indeed a mere farce; that in the midst of a great war, with an overburdened treasury, con- gress had no right to appropriate money for the bene- fit of territorial office-seekers; but that the money should be spent, if at all, in efforts to protect the country by military methods from its rebel and savage foes. There was also an idea that the measure was favored by a certain element, not because of its pro- priety or necessity, but solely because the territory could now be organized with an anti-slavery proviso. But it passed the house by a small majority on the 8th of May. In the senate, after a similar debate, the bill was postponed from June to December ; but came up finally in February 1863, when, under the cham- pionship of Senator Wade, the clause fixing Tucson as the capital being removed, it was passed by a vote of 25 to 12 on the 20th, becoming a law on the 24th.30

30 Cong. Globe, 1861-2, p. 1341-2, 2023-30, 2569-72, 3093; Id., 1862-3, p. 1125-9, 1306. Senator Trumbull led the opposition, and McDougal of Cal. was an earnest advocate of the bill. See text of the act in U. S Govt Doc., 37th cong. 3d sess., Acts and resol., 46-7; Id., Public Laws, 664-5; Ariz., Comp. Laws, 13; Id., Jour. Legis., 1864, p. 3-4. Charles D. Poston, Reminiscences, gives the following account of the preliminary wire-pulling of 1862 at Washington: 'At the meeting of congress in Dec. 1862 I returned to Washington, made friends with Lincoln, and proposed the organization of the terr. of Arizona. Oury' (who I suppose had been elected delegate in '62 to succeed McGowan) ' was in Richmond, cooling his heels in the ante-chambers of the confederate congress without gaining admission as a delegate from Arizona. Mowry was a prisoner in Yuma, cooling his head from the political fever which had afflicted it, and meditating on the decline and fall of a West Point graduate. There was no other person in Washington, save Gen. Heintzelman, who took any interest in Arizona affairs. They had something else to occupy their attention, and did not even know where Ariz. was. Old Ben Wade, chairman of the senate com. on territories, took a lively and bold interest in the organization of the territory, and Ashley, chairman of the com. in the house, told me how to accomplish the object .. . He said there were a number of members of the expiring congress, who had been defeated in their owu districts for the next term, who wanted to go west and offer their political services to the " galoots," and if they could be grouped and a satis- factory slate made, they would have influence enough to carry the bill through congress. Consequently, an "oyster supper" was organized, to which the

510

THE GADSDEN PURCHASE.

Having thus recorded the acquisition from Mexico in 1853-4 of southern Arizona, or the Gadsden pur- chase, and the boundary and railroad surveys immedi- ately following; having noted the establishment of military posts, the influx of seekers for precious metals, the rapid development of mining industry, the opening of wagon roads, the establishment of the overland stage line, the journeyings of immigrants to California, the Yuma ferry, and navigation of the Colorado; having chronicled in a general way the depredations of hostile Indians, filibuster outrages, troubles with vicious Sonoran laborers, the lawless proceedings of adventurers from Texas and California, and their oppression of the native or Mexican popula- tion; having given somewhat more minute attention to the country's politics, to the people's well-founded complaints of neglect by the government at Santa Fé and Washington, to the successive efforts to secure a territorial organization from congress, and to the final success of those efforts; and having mentioned inci- dentally in connection with all these topics the dis- astrous happennings of 1861-2, which involved the withdrawal of the troops, the suspension of the over- land mail, the ruin of mining and other industries, the triumph of the bloodthirsty Apaches, and the murder or flight of most of the white inhabitants-it only remains, in order to complete the annals of Arizona as a part of New Mexico, to notice more particularly the immediate cause of the country's misfortunes; that is, the war of the rebellion, or the confederates in Arizona. Records on the subject I have found ex- tremely meagre.

Confederate plans respecting the south-west belong

"lame ducks " were invited, and then and there the slate was made, and the territory was virtually organized ... So the slate was made and the bargain concluded, but toward the last it occurred to my obfusticated brain that my name did not appear on the slate, and in the language of Daniel Webster I exclaimed, "Gentlemen, what is to become of me ?" Gourley politely re- plied, "O, we will make yon Indian agent." So the bill passed, and Lin- coln signed all the commissions, and the oyster supper was paid for, and we were all happy, and Arizona was launched upon the political sea.'

511

CONFEDERATE PLANS.

in their general scope to the history of California, which country was the chief prize in view ;31 and in details of actual operations to that of New Mexico, as recorded in a later chapter of this volume. Here it suffices to say that those plans, in which the Texans were especially enthusiastic and active, included the occupation of all the southern frontier regions to the Pacific. It was hoped that California, or at least southern California, might decide to unite its destinies to the confederacy; otherwise, the western movement was not prospectively of much permanent importance. Arizona in itself had no special value to the south except by reason of its geographic position. There were, however, some military stores worth capturing; an open line of communication would encourage prompt action on the part of Californian secessionists; the occupation of so broad a territory could be made to appear at Richmond and in Europe a great achieve- ment; and it presented no difficulties whatever.

Public sentiment in Arizona was almost unanimously southern and disunion, and no secret was made of the feeling in this respect, the few union men having little or nothing to say. In 1861 a convention at Tucson seems to have formally declared the territory a part of the confederacy, and in August of that year Granville H. Oury was elected delegate to the south- ern congress. 32 It was openly asserted that the coun- try's misfortunes were due to neglect of the govern- ment, and that this neglect arose from Arizona's well- known and patriotic devotion to the southern cause. Most officers serving at the south-western posts were

- 31 See Hist. Cal., vii., this series.

32 Tucson Arizonian, Aug. 10, 1861, in S. F. Alta, Sept. 2d. The election took place the preceding Monday. There were only 68 Amer. voters at Tucson, when the 'eleven starred banner' was then waving. Tubac had been abandoned on the 3d. Violent deaths since 1857 had numbered 111 Amer. and 57 Mex. out of an average population of 750. It is said that McGowan, elected delegate in 1860, had instructions to apply for admission to the southern congress, should secession be effected; but I have no proof of that, and I have found no definite record of the convention which resolved on secession. Evidently there was such action, else no delegate would have been openly elected.

512

THE GADSDEN PURCHASE.

southerners who made haste to join the confederate army, though the privates are said to have remained faithful to their government almost without exception. Captain Ewell, commanding in Arizona, became prom- inent as a confederate general.

In July 1861 Lieutenant-colonel John R. Baylor, with a Texan force, entered the Mesilla valley, and took possession for the confederacy. In a proclama- tion of August 1st, he declared the territory of Ari- zona to comprise all that part of New Mexico south of latitude 34°; that all offices under the laws of 'the late United States' or of the territory were vacant; continued in force all laws not inconsistent with those of the confederate states; made Mesilla the capital; and organized a military government with himself as

governor. The next day he appointed territorial officials, including James A. Lucas as secretary, M. H. McWille attorney-general, and E. Angerstein treasurer. 33 On Baylor's approach the officers in com- mand at forts Buchanan and Breckenridge were ordered to abandon those posts, destroying the build- ings with all military stores that could not be removed, and march eastward to the Rio Grande. This order was obeyed, and, all military protection being with- drawn, the Apaches, as already related, took posses-

33 See more details of Baylor's operations in chap. xxvii., this vol. He created two judicial districts, the Ist including all east of Apache Pass. His appointments were for the 1st district, H. C. Cook being judge, Frank Hig- gins probate judge, aud J. A. Roberts sheriff. The proclamations are given in Hayes' Scraps, Angeles, vi. 104, 107.

I find no definite information as to the source of the order to evacuate the Arizona posts. It doubtless came through Maj. Isaac Lynde, commanding the southern district of N. Mex. at Ft Fillmore near Mesilla. Before the arrival of the Arizona troops, some 400 in number, Lynde made a most dis- graceful surrender of his 700 men as prisoners of war to Baylor, the confeder- ate commander, leaving the whole district in rebel possession. The Arizona troops, hearing of this on the march, destroyed, most of their impedimenta and marched to Ft Craig. It was believed at Tucson that the country was abandoned to the Apaches because of the people's southern sympathies, and this idea possibly had some foundation in fact; on the other hand, the order may have been legitimately, if not very wisely, given with a view to reën- force Lynde and repel the Texan invaders; or again it may have been simply a part of Lynde's scheme to surrender the united force and leave the whole country open to the invaders. The stage service was suspended at this time, or perhaps a few months earlier, several writers stating that the route was changed by act of congress.

513

CONFEDERATE INVASION.

sion of the country, killing all who could not either escape from the country or take refuge at Tucson. Sonoran adventurers are said to have crossed the line to supplement the work of plunder and devastation. Early in 1862 a force of two or three hundred Texans, under Captain Hunter, marched westward from Me- silla, and in February took possession of Tucson for the confederacy. There was of course no opposition, union men, if there were any left, fleeing across the line into Sonora.34 Not much is really known of Hunter's operations in Arizona so far as details are concerned, even the date of his arrival being doubtful.35 Besides holding Tucson, driving out men suspected of union sympathies, confiscating a few mines belonging to northerners, and fighting the Apaches to some ex- tent, he sent a detachment to the Pima villages, and possibly contemplated an attack on Fort Yuma. But -to say nothing of the recent floods, which had greatly increased the difficulties of the route, destroying Gila and Colorado cities-the news from California was not reassuring, and Hunter deemed it best to retire.36

This news was to the effect that California troops were on the march eastward. These troops, about 1,800 strong, consisted of several volunteer regiments or parts of regiments organized at the beginning of

34 It seems there had been some effort to induce Gov. Pesqueira to throw off the allegiance of Sonora to Mexico and join the confederacy; indeed, many believed all the filibustering projects of late years to have been really part of the great southern scheme. In 1861 there had been corresp. between the U. S. and Mex. respecting the transit of U. S. troops through Sonora. U. S. Govt Doc., 39th cong. Ist sess., Sen. Doc. 17. Gen. Wright, com. in Cal., had also recommended the temporary seizure of Guaymas to prevent the rebels doing so. Vega, Doc., MS., 788-98. The exploration by Maj. Fergus- son of the route to gulf ports in 1862 has already been noted.

35 Feb. 27th is given as the date by Browne and those who have followed him. As early as Nov. 186], the report reached Yuma that the rebels had sent 300 men to take Tucson; and in Jan. 1862 it was reported that the town had been taken by 900 Texans under Baylor. S. F. Alta, Dec. 8, 1861; Feb. 11, 1862. In Id., Sept. 8, 1861, Nov. 19, 1862, are found general accounts of Lynde's operations on the Rio Grande, one of them from the Mesilla Times of Aug. 10, 1861. See also Hayes' New Mex. Campaign of 1862, p. 172.

36 I have found no definite original records beyond a few newspaper items. The narrative given by Ross Browne, Adventures in Apache Country, 24-6, agreeing with that of the newspapers, has been followed in substance by Hinton, Hamilton, and other recent writers.

HIST. ARIZ. AND N. MEX. 83

514

THE GADSDEN PURCHASE.

the war, and which, on receipt of intelligence that Arizona had been invaded, were ordered to Yuma and Tucson, constituting what was known as the Califor- nia column, under the command of Colonel James H. Carleton.37 The main body of this army in detach- ments, whose exact movements now and later I do not attempt to follow in detail, left Los Angeles and was concentrated at Yuma in April, and in May fol- lowed the Gila route to Tucson. But previously Lieutenant-colonel West, commanding the advance,&s had sent out some parties from Yuma, and these were the only troops that came in contact with the confed- erates. Jones, in February, was sent with despatches to Tucson and fell into the hands of Hunter, who re- leased and sent him back by another route, bearing the first definite news that Tucson had been occupied. Captain William McCleave of company A, first cavalry, being sent out to look for Jones, was captured with three men at the Pima villages on the 6th of April, and was carried to Mesilla, where he was soon ex- changed. Captain William P. Calloway was next sent up the Gila with a stronger force to rescue Mc- Cleave. At the Pima villages he heard of a confed- erate detachment of 16 men under Lieutenant Jack Swilling, and sent Lieutenant James Barrett with 12 men to cut them off. Pursuing the enemy into a chaparral Barrett was killed with two of his men, one or two of the foe being also killed and three taken prisoners. This was the only skirmish of the campaign with confederates, and it occurred on the 15th of April at a spot known as El Picacho.

37 For more details of the organization of Cal. regiments, see Hist. Cal., vii., this series; also Cal., Adj .- general's Reports, 1861 et seq. The so-called California column consisted of the Ist regiment infantry, 10 companies, Col Carleton, Lieut .- col Joseph R. West; battalion of Ist cavalry, 5 companies, Lieut .- col Edward E. Eyre; 5 or 6 companies of the 5th infantry, some of which did not go beyond Ft Yuma; Col Geo. W. Bowie, Co. B, 2d cavalry, Capt. John C. Cremony; and Lieut. Shinn's light battery belonging to Co. A, U. S. artillery.

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History of Arizona and New Mexico, 1530-1888, Volume XVII, Part 54

Author: Bancroft, Hubert Howe, 1832-1918; Oak, Henry Lebbeus, 1844-1905 Publication date: 1889 Publisher: San Francisco : The History Company Number of Pages: 890

Author: Bancroft, Hubert Howe, 1832-1918; Oak, Henry Lebbeus, 1844-1905
Publication date: 1889
Publisher: San Francisco : The History Company
Number of Pages: 890