Today in History:

97 Series I Volume L-I Serial 105 - Pacific Part I

Page 97 Chapter LXII. EXPEDITION TO N. W. TEXAS AND NEW MEXICO.

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 adminstration 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 commissioned officers. The rules of evidence shall be those customary in practice under the common law. 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-martial in the Army of the United States. Unless the public safety absolutely requires it, no execution shall follow conviction until 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 commission of not more than five nor less than three commissioned officers may sit and a vote of a majority determine the issue. In these cases the orders of the officer organizing the commission shall be final.

All matters in relation to rights in property and lands which may be in dispute shall be determined for the time beying by a military commission, to be composed of not mroe than five nor nelss 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 will be rigidly enforced:

I. No man who has arrived at lawful age shall be permitted to reside within this Territory who does not without delay subscribe to the oath of allegiance to the United States.

II. No words or acts calculated to impair that veneration which all good patriots should feel for our country and Government will be tolerated within this Territory or go unpunished if sufficient proof can be had of them.

III. No man who does not pursue some lawful calling or have some legitimate means of support shall be permitted to remain in the Territory.

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 expects 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 disapproved or modified by General George Wright, U. S. Army, commanding the Department of the Pacific, under whose orders the Column from California has taken the field.

Done at the headquarters Column from California, in Tucson, Ariz., this 8th day of June, A. D. 1862.

JAMES H. CARLETON,

Colonel First California Volunteers, Major, Sixth U. S. Cavalry.

[Inclosure D.] HEADQUARTERS COLUMN FROM CALIFORNIA, Tucson, Ariz., June 15, 1862.

Brigadier General E. R. S. CANBY, U. S. Army,

Commanding Department of New Mexico, Fort Craig, N. Mex.:

GENERAL: I have forwarded by another express the originals of the notes numbered 2, which the bearer of this takes to you. My wagons

7 R R - VOL L, PT I


Page 97 Chapter LXII. EXPEDITION TO N. W. TEXAS AND NEW MEXICO.