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Show 362 LEADING FACTS OF NEW HISTORY MEXICAN NEW in with a few of Colonel mand towards the plaza of Mesilla *** he fell retreated to the fort. h, skirmis Baylor’s men, and, after a short tion of the post evacua the for July of 27th the on He gave orders He was pursued . and started with his command for Fort Stanton n Springs. Agusti San the near ken by Colonel Baylor and overta but Lynde fight, to willing was troops his of portion The major On the Ist of ignominiously surrendered his entire command. estabAugust Colonel Baylor issued a proclamation as governor,”** to form and go ahead. of the Texans. Halted, jacals and corn fields. his saber; the second provisions reported that they were there either under the laws of the late United States or the Territory of New Mex; cease t0 are hereby declared vacant, and from the date hereof shall forever exist. ‘‘That the people of this Territory may enjoy the full benefits of law, order, of a and protection, free government, and, as far as possible, the blessings and it is hereby decreed that the laws and this decree, ener ! ade WAR 363 shall continue in force i i - hi ncaa geet gigas i : wee: , aa ; e i executive and judicial. hc cence vested . the sotiiatias ee The iv of the Ohne ‘ ne judicial power of this Territory shal ey court, two district courts, two probate ouirha’ aga oo A si : fiend with such municipal and other inferior courts as the wants of esol pe may from time to time require. The two district judges shall conae a oe as court, each of whom shall determine all appeals, exceptions ae pe ae removed from the district court wherein the other presides. ce sai Ook ee shall be designated as the chief justice of the supreme bee o pane shall be but one session in each year, which shall be holden at the in the provide. Army in ‘<T, John R. Baylor, lieutenant-colonel, commanding the Confederate y in the the Territory of Arizona, hereby take possession of the said Territor name and behalf of the Confederate States of America. decreed oF ‘For all the purposes herein specified, and until otherwise New provided, the Territory of Arizona shall comprize all that portion of Mexico lying south of the thirty-fourth parallel of north latitude. Territory; ‘CAll offices both civil and military, heretofore existing in this CIVIL such time as the Confederate Congress io ee detinet Nei First McNally knew they fired one shot that cut away struck him. Then fired a volley of about 80 shots. They dismounted and fired at random. McNally They had no artillery. Sent to Major Lynde, Remounted, not being supported. fired another volley. artillery, or infantry by supported who could not be found, and not being In this fire one sergeant and one corporal were ordered his men to retreat. In retreating, the Seventh infantry fired into wounded and one man killed. the rear. I retreated behind the battery, and found the infantry still in us. The There McNally fainted from loss of blood and was carried from the field. last he heard was an order from Major Lynde to retreat.’’ 288 This proclamation was given at Mesilla on the 1st day of August, 1861, and was as follows: ‘Proclamation ‘¢7To the People of the Territory of Arizona: ‘<The social and political condition of Arizona being little short of general and protection, anarchy, and the people being literally destitute of law, order, declared temporarily the said Territory, from the date hereof, is hereby organized as a military government until such time as Congress may otherwise THE eeieiiee ase of Arizona from the date hereof is hereby temporarily Mia ae ah bg itary government until such time as Congress may other- After that we laid quietly in garrison forward, putting McNally, with 22 men, He had four 12-pounder feel his way. Ordered MeNally shells at long range. in person of tion, hori MeNally kept ahead until he got within 60 or 70 yards and DURING lished the territory of Arizona, and took possession in the name of the Confederacy. At the time of the surrender Lynde’s commissary, Captain A. H. Plummer, who held $17,000 in governme nt ‘‘ This was 287 Captain C. H. MeNally, 3d U. S. cavalry, says of this fight: back that the brought 9 a.m. on the 25th. At the same time positive word was Texans were in the town of Mesilla. until 4 a. m. when he moved the whole in front, with the order to go on and He first fired two mountain howitzers. MEXICO ts a ernment. ow eir judicial districts. They may likewise hold in their opinion the ends of public justice require it. special districts of this Territory shall be divided as follows; The oe eee shall comprise all the portion of Arizona lying east of fo the district and probate courts whereof shall be holden at first ae in 2 a ta on Preity, judicial district shall comprize the remainder of the istrict and probate courts shall be holden at Tucson. The be ee nitee. Se duers S nie The district judges shall hold two terms of court every respective sti cat appoint Paster a. oe one probate and judge sheriff and the neces- the peace in and for each judicial district. The constables a f : seit, gee by the respective justices of the peace. Each district judge as own clerk, who shall be ex-officio clerk of the probate court em a within The district and probate courts of the two districts ial te Lk istricts. Jolden at such times as heretofore provided by the legislature of “malt ae coat for the counties of Dofia Ana and Arizona. and other business now pending in any of the late courts of New cool batlecepan omy within this Territory shall be immediately transferred to the The style of sd tg of this Territory, as herein established. all Neo be the Territory of Arizona, and all prosecutions shall be Merrigd ce S ° e name of the Territory of Arizona. pat ‘Ther ietroinsy e : 4 Diets “The likewise be appointed by the governor an attorney-general, Territory, treasurer, and marshal, whose duty and compen- e we a esilla this Territory, 6 oe “The Bet : Sa designated is hereby as the seat of government of shall hold their respective terms of office until by congress, unless sooner removed by the power appoint- es oe ed ing them. the as heretofore under the laws of New Mexico. fees, and compensation of all Territorial officers shall remain tee eretofore in the Territory of New Mexico. cxpons asurer, ao marshal, sheriffs, and constables, before acting as such, the Territory a bond, with good and sufficient securities, con- advantages aoa, enactments CAN ¢ Te provided under the laws of New Mexico. officers, before entering upon their official duties, shall take ec bone and consisten existing in this Territory prior to the date of this proclamation, the with the Constitution and laws of the Confederate States of America and _ onneea. e faithful attirmation discharge to support of their official duties, in the same the Constitution manner and laws of the Confederate |