James H. Carleton to Edward R. S. Canby, June 15, 1862

Tucson, Ariz., June 15, 1862.

General E. R. S. CANBY, Comdy. Department of New Mexico, Fort Craig, N. Mex.: GENERAL: I have the honor to inform you that I have advanced thus far from California with a force of regulars and volunteers sufficient in numbers to occupy this Territory. 1 have assumed to represent the U. S. authority, and for the time being have placed the Territory under martial law. Inclosed herewith please find a proclamation to this effect. I send this to you by express, that you may not go to the expense of sending troops from your department to occupy Arizona. I congratulate you on your success against the Confederate forces under Sibley. If you can send an escort to the expressman who takes this I shall feel greatly obliged. I am, general, respectfully, JAMES H. CARLETON, Colonel First California Volunteers, Commanding.

[Inclosure to C.] To all whom it may concern:

The Congress of the United States has set apart a portion of New Mexico and organized it into a Territory complete of itself. This is kuown as the Territory of Arizona. It comprises within its limits all the country eastward from the Colorado River, which is now occupied by the forces of the United States known as the Column from California; and as the flag of the United States shall be carried by this column stili farther eastward, these limits will extend in that direction until they reach the farthest geographical boundary of this Territory. Now, in the present chaotic state in which Arizona is found to be, with no civil officers to administer the laws—indeed, with an utter absence of all civil authority—and with no security of life or property within its borders, it becomes the duty of the undersigned to represent the authority of the United States over the people of Arizona as well as over all those who compose or are connected with the Column from California. Thus, by virtue of his office as military commander of the U.S. forces now here, and to meet the fact that wherever within our boundaries our colors fly there the sovereign power of our country must at once be acknowledged and law and order at once prevail, the undersigned, as a military governor, assumes control of this Territory

Pee oe time as the President of the United States shall otherwise irect.

Thus also it is hereby declared that until civil officers shall be sent by the Government to organize the civil courts for the administration ot 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 being by a military commission, to be composed of not more than five nor less 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:

J. 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.

Il. 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.

rene 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, com manding the Department of the Pacific, under whose orders the Column from California has taken the field. l

Done a! 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.