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longitude and the 38th degree of latitude to the summit of
the Sierra Madre, thence south with the crest of said
mountains to the 37th parallel, thence west to the boundary
line of California. Its southern boundary followed the
boundary line of the Republic of Mexico east to the Rio
Grande, thence along the 32nd parallel to the 103rd degree
of longitude.

This territory was enlarged on August 4th, 1854, by
the addition of the Gadsden purchase; and it was reduced
by the formation of Colorado Territory in 1861, which took
away all lands north of the 37th parallel, and of Arizona
Territory in 1863 which took all west of the 109th degree
of longitude, leaving the boundaries as they exist today.

The territory covered such a large area and means of
communication were so difficult that many differences arose
between the old settlers in the northern part and some of
the new comers in the south and southwest. Those in the
south claimed that they did not have a fair representation
in the government at Santa Fe; that Taos, Rio Arriba and
Santa Fe counties so manipulated the elections that it was
not even worth while to send a representative to the legis-
lature at Santa Fe to represent Dona Ana and Arizona.

On August 29th, 1856, a convention was held at Tucson
and a resolution was passed to send a memorial to congress
urging the organization of a separate territory of Arizona,



and Nathan P. Cook was sent to Washington as a delegate
to work for the passage of such a bill. The committee on
territories reported against it because of the limited pop-
ulation included in the proposed area.

President Buchanan in his message to congress in
December 1857 recommended a territorial government for
Arizona, "incorporating with it such portions of New
Mexico as they may deem expedient." He also advocated
the building of a railroad from the western boundary of
Texas, on the Rio Grande, to a point on the Gulf of Calif-
ornia, a distance of 470 miles.

In his second annual message, December 6, 1858, he
said : "The population of that territory (Arizona) number-
ing as is alleged, more than 10,000 souls, are practically
without a government, without laws, and without any
regular administration of justice. Murder and other crimes
are committed with impunity. This state of things calls
loudly for redress, and I therefore repeat my recommenda-
tion for the establishment of a Territorial government over
Arizona." In the same message, commenting on the situa-
tion in the Mexican states of Chihuahua and Sonora, he
said "the local governments of these states are perfectly
helpless and are kept in a state of constant alarm by the
Indians. A state of anarchy and violence prevails through-
out that distant frontier. For this reason the settlement of
Arizona is arrested^ ... I can imagine no possible remedy
for these evils and no mode of restoring law and order on
that remote and unsettled frontier but for the Government
of the United States to assume a temporary protectorate
over the northern portions of Chihuahua and Sonora and
to establish military posts within the same; and this I
earnestly recommend to Congress. This protection may be
withdrawn as soon as local governments shall be established
in these Mexican States capable of performing their duties
to the United States, restraining the lawless, and preserving
peace along the border." In this message he again called


attention to the need and great value of a railroad to reach

In his third annual message (December 19, 1859) he
once more recommended the establishment of a territorial
government for Arizona and to establish one or more mili-
tary posts across the Mexican line in Sonora and Chihuahua.

In April 1860, another convention, composed of thirty-
one delegates was held at Tucson to organize the territory
of Arizona. This was to include all of New Mexico south of
latitude 3340' and was divided into four counties, Dona
Ana, Mesilla, Ewell and Castle Dome.

James A. Lucas was president of this convention and
Granville H. Oury (who was a member of the New Mexico
legislature in 1857, and in January 1862 was sent as a
delegate from the Territory of Arizona to the Confederate
congress at Richmond) was secretary.

On March 16, 1861, a convention was held at Mesilla at
which James A. Lucas was the presiding officer, and resolu-
tions were passed repudiating the United States and attach-
ing themselves to the Confederate States. The sixth resolu-
tion passed by this convention read as follows: "Resolved,
That we will not recognize the present Black Republican
administration, and that we will resist any officers appointed
to this territory by said administration with whatever
means in our power." 1

All of this friction between the northern and southern
parts of New Mexico greatly encouraged the Confederate
government at Richmond to believe that if an army were
sent to the Rio Grande they would have no trouble in cap-
turing the country and opening the way for an outlet on
the Gulf of California through the Mexican State of Sonora ;
and when this was accomplished they would be in a good
position to join with the many southern sympathizers in
California in an effort to capture California for the south.

In July 1861 Jefferson Davis authorized General H. H.

1. Official Records Civil War, Ser. 1, IV, p. 39.


Sibley, who had resigned his position in the Union Army
and joined the Confederate forces, to proceed at once to
Texas and organize a force to capture New Mexico, and in
case he succeeded in doing this he was instructed to organize
a military government of the Territory, the details of which
were to be submitted to Davis at the earliest possible

General Sibley organized his force and established
headquarters at Fort Bliss, Texas, gathering supplies and
ammunition here for his attack upon New Mexico. While
waiting here for more troops to arrive he very much feared
that the Union forces would try to capture the fort and felt
that he could not hold it with the men he had, hence he
tried to block such a move by getting as many of his former
friends as possible among the Union officers to desert and
join with him. Colonel W. W. Loring had been in command
of the Department of New Mexico until he was succeeded
by General Canby when he sent in his resignation. Before
it was accepted and while still in the service, General Sibley
wrote him the following letter from El Paso : 2

El Paso, Texas, June 12, 1861
Col. W. W. Loring
My Dear Loring:

We are at last under the glorious banner of the Con-
federate States of America. It was indeed a glorious sensa-
tion of protection, hope, and pride. Though its folds were
modest and unpretending, the emblem was still there. Van
Dorn is in command at San Antonio. He has ordered four
companies of Texas troops to garrison this post. They can-
not be expected to reach here, however, before the 1st
proximo. Meantime, Colonel Magoffin, Judge Hart, and
Crosby are much exercised and concerned on account of
the present public stores here in their present unguarded

There are full supplies of subsistence and ammunition
here for two or more companies for twelve months. The
loss of these supplies by capture or destruction would
occasion serious embarrassment to the cause. Meanwhile
you may, by delaying your own departure a week or two,

2. Official Records, Ser. 1, Vol IV, p. 55.


add much to the security of this property. Should you be
relieved from your command too soon to prevent an attempt
on the part of your successor to re-capture, by a coup-de-
main, the property here, send a notice by extraordinary
express to Judge Hart. Your seat in the stage may at the
same time be engaged.

Movements are in contemplation from this direction
which I am not at liberty to disclose. You will arrive here
in time for everything and to hear everything. My love to
those who love me.

Faithfully yours,


On the night of July 23, 1861, Colonel John R. Baylor
with 258 men marched up the valley from El Paso to make
a surprise attack on Fort Fillmore, near Las Cruces, which
was held by a force of about 700 men under command of
Major Isaac Lynde. On the morning of the 25th there was
some fighting at Mesilla, with a few killed and wounded on
each side. On the 26th Major Lynde gave orders to abandon
the fort and planned to join the Union forces at Fort
Stanton. Colonel Baylor overtook Major Lynde's command
near San Augustine Springs and without risking a battle
or even consulting with his officers he surrendered his entire
force to Colonel Baylor. For this action Major Lynde was
tried by court martial and on November 25, 1861, by order
of President Lincoln he was dismissed from the army. 3

The surrender of Major Lynde's force left the entire
southern part of the territory in complete control of the
Confederates and on August 1, 1861, Colonel Baylor issued
a proclamation taking possession of the country in the name
and behalf of the Confederate States of America and ap-
pointing himself the first governor. For other offices he
selected James A. Lucas, secretary; M. H. McWillis (who
afterwards was elected as delegate from the Territory of
Arizona to the Confederate Congress, taking his seat March
11, 1862) as attorney general; E. Augorsteen, treasurer;

3. Official Records, Ser. 1, Vol. IV, p. 15.


George M. Frazier, marshall ; Frank Higgins, probate judge,
of the First Judicial District ; L. W. Greek, justice of peace
for Dona Ana county; M. A. Verirnindi, justice of peace,
4th precinct, Mesilla ; Henry L. Dexter, justice of peace, La
Mesa; M. M. Steinthal, justice of peace, Pinos Altos; and
C. Lanches, justice of peace, San Tomas.

At least one of these officials took office at once, as the
court records of Dona Ana County show that on August
8, 1861 Frank Higgins presided at probate judge, the first
entry in the record book being:

The Confederate States of America

The Territory of Arizona

County of Dona Ana August 8, 1861

This day met the Honl. the Probate Court of the above
named county, Present Frank Higgins Esqr. Probate Judge,
Charles A. Hoppin, clerk of the District Court & ex officio
Clerk of the Probate Court and John A. Roberts Sheriff.
The Judge and Sheriff holding their Commissions from Lt.
Col. John R. Baylor, Commanding the Military Forces of
the Confederate States in said Territory and Acting Gov-
ernor of the same.

Two regular terms of this court were held in September
and December of 1861, and several special terms. Frank
Higgins served as judge until January 1862, when he was
succeeded by John Peter Deus, who resigned in June 1862. 4

In a report made by Colonel Baylor on August 8, 1861,
to General Earl Van Dorn commanding the Department of
Texas, he stated :

I have established a provisional government for the
Territory of Arizona, and made the appointments to fill
offices necessary to enforce the laws. I have proclaimed my-
self governor, have authorized the raising of four companies
to hold the Territory and afford protection to the citizens.

The vast mineral resources of Arizona, in addition to
its affording an outlet to the Pacific, make its acquisition a

4. Two very interesting accounts of the proceedings of this court have been
published in the New Mexico Historical Review, one by Edward D. Tittman, in Vol.
Ill, Page 347, and the other by Charles S. Walker, Jr., in Vol. IV, page 253.


matter of some importance to our government, and now
that I have taken possession of the Territory, I trust a force
sufficient to occupy and hold it will be sent by the govern-
ment, under some competent man.

I have acted in all matters relating to the acquisition
of Arizona entirely upon my own responsibility, and can
only refer the matter, through you for the approval of the
Government. 5

Evidently Col. Baylor and his military government
did not get the support of the native population which he
expected. General Canby, in command of the Union forces
at Santa Fe, in a letter written to Headquarters at St. Louis,

The people of the Territory, with few exceptions, I
believe are loyal but they are apathetic in disposition, and
will adopt any measures that may be necessary for the de-
fense of their Territory with great tardiness, looking with
greater concern to their private, and often petty interests,
and delaying or defeating the objects of the Government by
their personal or political quarrels. 6

On October 25, 1861, Colonel Bayler wrote to General
Sibley asking for reinforcements, saying that Colonel Canby
was marching down the valley with a force of 2,500 men
and that he would have to abandon the country. He stated
that "The Mexican population are decidedly Northern in
sentiment, and avail themselves of the first opportunity to
rob us or join the enemy. Nothing but a strong force will
keep them quiet." 7

He stated that he was being kept posted on the move-
ments of the northern troops by Messrs. Phillips and Battle
of Santa Fe and that they are "gentlemen well known as
men of veracity." 8 '

Colonel Baylor was very anxious to secure the assist-
ance of the many Southern men living in California and on

5. Official Reports, Ser. 1, Vol. IV, p. 23.

6. Official Records, Ser. 1, Vol. IV, p. 65.

7. Official Records, Ser. 1, Vol. IV, p. 132.

8. Official Records, Ser. 1, Vol. IV, p. 133.


November 2, 1861, he wrote to Major S. B. Davis:

California is on the eve of a revolution. There are many
Southern men there who would cheerfully join us if they
could get to us, and they could come well armed and mount-
ed. Another thing I take the liberty of suggesting is, that
a force be placed in western Arizona, to watch the landing
of United States troops at Guaymas, that they may not pass
through Sonora to invade us. I am reliably informed that
the Government of Mexico has sent orders to the governor
of Sonora to allow the passage of United States troops
through that State, and agents are in Sonora buying corn
and supplies for the United States troops. 9

On receipt of Colonel Baylor's letter of October 25th,
General Sibley left San Antonio on November 18th for El
Paso with the reinforcements asked for, and under General
Orders No. 10 dated at Fort Bliss, December 14, 1861, he
assumed command of all the forces in the Territory of New
Mexico and Arizona. On December 20th he issued the fol-
lowing proclamation : 10


An army under my command enters New Mexico to
take possession of it in the name and for the benefit of
the Confederate States. By geographical position, by simi-
larity of institutions, by commercial interests, and by fu-
ture destinies New Mexico pertains to the Confederacy.

Upon the peaceful people of New Mexico the Confed-
erate States wage no war. To them we come as friends, to
re-establish a governmental connection agreeable and ad-
vantageous both to them and to us; to liberate them from
the yoke of a military despotism erected by usurpers upon
the ruins of the former free institutions of the United
States; to relieve them from the iniquitous taxes and ex-
actions imposed upon them by that usurpation; to insure
and to revere their religion, and to restore their civil and
political liberties.

The existing war is one most wickedly waged by the

9. Official Records, Ser. 1, Vol. IV, p. 149.

10. Official Records, Ser. 1, Vol. IV, p. 89.


United States upon the Confederate States for the sub-
jugation and oppression of the latter by force of arms. It
has already failed. Victory has crowned the arms of the
Confederate States wherever an encounter worthy of being
called a battle has been joined. Witness the capture in the
Mesilla Valley of the whole force of the enemy by scarcely
half their number.

The army under my command is ample to seize and to
maintain possession of New Mexico against any force which
the enemy now has or is able to place within its limits. It
is my purpose to accomplish this object without injury to
the peaceful people of the country. Follow, then, quietly
your peaceful avocations and from my forces you have
nothing to fear. Your persons, your families and your prop-
erty shall be secure and safe. Such forage and supplies as
my army shall require will be purchased in open market
and paid for at fair price. If destroyed or removed to pre-
vent me from availing myself of them, those who co-operate
with our enemies will be treated accordingly, and must pre-
pare to share their fate.

When the authority of the Confederate States shall be
established in New Mexico, a government of your best men,
to be conducted upon principles with which you are familiar
and to which you are attached, will be inaugurated. Your
religious, civil, and political rights and liberties will be re-
established and maintained sacred and intact. In the mean-
time, by virtue of the powers vested in me by the President
and Government of the Confederate States I abrogate and
abolish the law of the United States levying taxes upon the
people of New Mexico.

To my old comrades in arms, still in the ranks of the
usurpers of their Government and liberties, I appeal in the
name of former friendship; drop at once the arms which
degrade you into the tools of tyrants, renounce their service,
and array yourselves under the colors of justice and free-
dom. I arn empowered to receive you into the services of the
Confederate States; the officers upon their commissions,
the men upon their enlistments. By every principle of law
and morality you are exonerated from service in the ranks
of our enemies. You never engaged in the service of one
portion of the old Union to fight against another portion,
who, so far from being your enemies, have ever been your
best friends. In the sight of God and man, you are justified


in renouncing a service iniquitous in itself and in which
you never engaged.

Done at headquarters of the Army of New Mexico by
me this 20th day of December A. D. 1861.

Brigadier General Army C. S.

On the same day General Sibley issued an order that
Col. John R. Baylor was to continue as civil and military
Governor of the Territory of Arizona.

In a report to Jefferson Davis under date of December
14, 1861, J. P. Benjamin, secretary of war, stated that:

The population of Arizona is almost unanimously de-
sirous of the annexation of that Territory to the Confed-
erate States. The United States troops there, routed and
put to flight by the expedition under the command of Col.
John R. Baylor, had at one time abandoned the country.
Under these circumstances Colonel Baylor, after satisfying
himself of the wishes of the inhabitants, proceeded upon
his own responsibility to assume the military government
of the Territory of Arizona.

All the proceedings of Col. Baylor appear to have been
marked by prudence, energy and sagacity, and to be de-
serving of high praise. The result of his action has been the
securing to the Confederacy of a portion of the territory
formerly common to all the States but now forming a
natural appendage to our Confederate States, opening a
pathway to the Pacific and guaranteeing Western Texas
from the dangers incident to allowing the Indian tribes in
that extensive territory to remain under foreign influence.
Since his success in expelling the Federal troops and taking
peaceful possession of the Territory an effort has been
made by the United States to disturb the tranquility of the
inhabitants by sending a force of about 2,500 men, under
Colonel Canby, who at the last advices was marching to-
ward the headquarters of Colonel Baylor at Dona Ana.

In organizing a more permanent Territorial govern-
ment for Arizona, with its present expanded boundaries,
I beg to suggest that the population is of so mixed a char-
acter, and the number of inhabitants educated in represen-
tative institutions is so limited, that it would scarcely be
practicable to maintain social order and insure the execution


of the laws by an elective government. Some system
analogous in its nature to that adopted for the government
of the Orleans Territory by the act of March 26, 1804,
seems to be much better adapted at least for the present, to
this Territory; and its extent of surface is so great that
Congress may, perhaps, deem it proper further to imitate
the example set in the act above recited by dividing it into
two governments. n

On January 17, 1862, a letter to Colonel Canby from
El Paso said :

General Sibley and staff arrived in El Paso about a
month ago. The troops are badly provisioned and armed,
they have no money, and their paper is only taken by the
merchants, not by the Mexicans. The Mexican population
are much opposed to them, also at Mesilla and Dona Ana.
Irisana and Ambugo goods at Mesilla have been confiscated,
and that is the order of the day. S. Hart has done more to
aid and assist them than the balance of the capitalists
have, and has gone so far as to give a list of the principal
capitalists in New Mexico, to confiscate their property, and
that is their aim. 12

On February 21, 1862, a correspondent of R. L. Robert-
son, United States consul at Mazatlan, Mexico, wrote re-
garding the conditions around El Paso :

The Texans are badly armed and short of provisions.
Flour and beef is all they have ; coffee and bacon they have
none. They have acted about El Paso in such a manner as
to enrage the whole community against them. All Mexi-
cans are down on them. The officers have no control over
them, and they do just as they please, and you know what
men off a long trip please to do. Blankets, onions, wine and
everything they can lay their hands on they carry off. 13

On January 18, 1862, the Confederate Congress pass-
ed an act to organize the Territory of Arizona, the northern
boundary being the 34th parallel, which runs a few miles
south of the town of Socorro ; Texas on the east, the Colo-
rado River on the west, and the boundary of Mexico on

11. Official Records, Ser. IV, Vol. 1, p. 791.

12. Official Records, Ser. IV, Vol. 1, p. 89.

13. Official Records, Vol. 50, Part 1, p. 1012.


the south. The governor was to be appointed by the presi-
dent of the Confederacy for a term of six years, with a
salary of $1,500 as governor, and $500 as commissioner
of Indian affairs. The legislature was to consist of a council
of thirteen members and a house of representatives of
thirteen for the first year, which might be increased from
time to time as the population increased, but the whole
number was not to exceed thirty-nine.

All legislative proceedings were to be conducted in the
English language. The congress of the Confederate States
reserved the right at any time to change, modify or annul
any law passed by the legislature, also to pass for the people
of the Territory any law which it might deem expedient or
necessary and proper. The act also provided for slavery.

No member of the legislature could hold, or be ap-
pointed to, any office which was created or the salary of
which had been increased while he was a member, either
during the term for which he was elected or for one year
after its expiration. The members of the legislature were
to receive $4.00 per day and $4.00 for every 20 miles of
travel in going to and returning from sessions, the mileage
being estimated according to the nearest usually traveled

To defray the contingent expenses of the Territory an
appropriation of $1,000 was authorized. The seat of gov-
ernment was designated to be at La Mesilla. One delegate to
the Confederate congress at Richmond was provided for,
with a salary of $8.00 a day and mileage at the rate of ten
cents per mile.

On February 14, 1862, a proclamation was issued by
President Jefferson Davis declaring this act to be in full
force and effect. 14

On March 13, 1862, President Davis sent the following
names to the senate to be confirmed as officers of the new
Territory of Arizona; John R. Baylor, of Arizona, gover-

14. Official Records, Ser. IV, Vol. 1, pp. 853, 859, 930.


nor; Robert Josselyn, of Mississippi, secretary; Alexander
M. Jackson, of New Mexico, chief justice; Columbus Upson,

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