CHAP. XI.] SURRENDER AT SAN AUGUSTINE SPRINGS, N. MEX.

Drove after Lynde 6 miles in a buggy with two horses on a full run. He was the 5 or 6 miles ahead of his whole command, with a company of Mounted Rifles under Mr. Cressey. Reported to him the Texans on our rear. He grinned in an imbecile way and said, "Ah, indeed !" and ordered the troops back. Drove back after him. Then I heard that Captain Gibbs was coming with a company of cavalry. McNally and his ambulance came up at this time. Order was then given to move into camp. (Lynde was at the Springs when McKee came up, and went back on a slow walk-the d-dest kind of a slow walk.) Went back to camp, Captain Gibbs protection the rear. He came up on our left, and but for him every man would have been taken before we reached camp. After getting into camp at San Augustine Springs, asked McNally and the sergeant (wounded) what they wanted-if he should hand out a hospital flag to protect him, thinking there was to be a fight. They both requested him to put out a flag, which he did on his buggy.

Just after that Captain Potter came to the medical camp and said, "It's no use; we are all surrendered; that d-d old scoundrel has surrender us! I am going up to protect against it. Who'll go along?" I said, "I'll go." McNally, with his bloody shirt on, said he would go with Dr. McKee and Lieutenant Ryan (he thinks). Dr Alden and the officers around said they would go too. Went up together, and found Lieutenant Brooks writing out the terms of a surrender. Major Lynde was present,a nd Colonel Baylor, Texan forces,a nd Major Waller, second in command of Texans, and the Texan forces were brought up on horseback 300 yards in the rear, about 300 strong. They had no artillery. As we approached, Major Lynde said to Colonel Baylor, "To prevent the effusion of blood, and on condition that private property shall be respected, I surrender the whole of this command unconditionally." Dr. McKee stepped in front of him and said, "Major Lynde, I pretest against this surrender." The adjutant (Mr. Brooks), not minding this protest which came from the officers, at the same moment was writing the terms on his knee, looked up in the major's face and asked him what next he said.

Numbers 5. Statement of Captain C. H. McNally, Third U. S. Cavalry.

Fort Fillmore, 45 miles from El Paso, 6 miles opposite Mesilla; Las Cruces 8 miles above, on same side; Dona Ana 6 miles above Las Cruces, same side. I consider 300 men could hold against 3,000.

Major Lynde arrived at Fort Fillmore and took command last of June-three companies of Seventh Infantry,a nd he brought four; also Lane's company of Rifles, 42 men. McNavy came down with 32 and Cressey with 25; McNally's and Cressey's alone mounted.

McNally and Dr. McKee insisted upon Lynde's sending away the women and children, 103 in number, from the fort. He had an opportunity of sending them away, but refused. After this they insisted upon his occupying Mesilla. He declined doing so, because he said it would bring on a collision between him and the rebel forces. They also insisted upon his taking possession of Dona Ana, a point he could hold against any number of men; then to sent all his provisions, &c., to the rear, where they could fall back and hold them. These measures provisional, because Fort Fillmore is surrounded and commanded by hills, in case of accident.