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fortable houses, outbuildings, fences and tilled fields utterly abandoned and tenantless. The mining interest suffered at the same time. Partly through the cowardice of agents and superintendents, partly through the fault of Eastern directors, the various silver mines in Central Arizona were temporarily abandoned, and I was left with a handful of men who were willing to share my fortunes, and, if fate so willed it, be the last Americans in the Territory to fall by the lance or arrow of the Apache. We not only survived, but we built up a great work in the heart of the country; thoroughly demonstrated the great value of the mines, and, what is more and better, proved conclusively that the Apaches are no obstacle to working in the Territory, compared to the great result to be accomplished. It is sufficient proof of this that I did not lose two hours' work in ten months on account of the Indians. Some valuable lives were lost, but it was by recklessly disregarding my repeated injunctions and directions."

CHAPTER IV.

CONFEDERATE AND FEDERAL OCCUPATION. PEONAGE IN NEW MEXICO-SLAVE TERRITORYABOLISHMENT OF SLAVERY IN NEW MEXICOATTEMPT TO ATTACH NEW MEXICAN TROOPS TO CONFEDERATE CAUSE-ARRIVAL OF LIEUT.COL. JOHN R. BAYLOR, C. S. A.-ORGANIZATION OF MILITARY GOVERNMENT BY HIMOFFICIALS-SURRENDER OF UNION TROOPS TO BAYLOR-CONFEDERATE CONVENTION AT TUCSON-GRANVILLE H. OURY ELECTED DELEGATE TO CONFEDERATE CONGRESS-BAYLOR DEPRIVED OF POSITION IN CONFEDERATE ARMY-CONFEDERATE TEXANS TAKE POSSESSION OF TUCSON-ARRIVAL OF CALIFORNIA COLUMN-FIGHT BETWEEN CONFEDERATES UNDER LIEUT. JACK SWILLING AND FEDERALS UNDER LIEUT. JAMES BARRETT-KILLING OF LIEUT. BARRETT STARS AND STRIPES RAISED AT TUCSON-EVACUATION OF TERRITORY BY CONFEDERATES-FORT BARRETT ESTABLISHED -FORTS BUCHANAN AND BRECKENRIDGE REOCCUPIED CAMP LOWELL ESTABLISHED AND TERRITORY DECLARED UNDER MARTIAL LAWHISTORY OF FORMATION OF CALIFORNIA COLUMN-REPORT OF OPERATIONS OF CAPTAIN S. HUNTER OF THE CONFEDERATES CONFEDERATE ENABLING ACT-PROCLAMATION OF JEFF DAVIS DECLARING ENABLING ACT IN FORCE AND TERRITORY ORGANIZED UNDER CONFEDERACY GRANVILLE H. OURY AND

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MARCUS H. McWILLIE DELEGATES TO CON-
FEDERATE CONGRESS-COL. BAYLOR AUTHOR-
IZED TO
TO RAISE CONFEDERATE TROOPS IN
ARIZONA-HIS SCHEME TO RECOVER ARIZONA
AND NEW MEXICO FOR THE CONFEDERACY.

From the time of the organization of the Territory of New Mexico, which embraced Arizona, up to 1867, when it was abolished by act of Congress, peonage prevailed in that Territory. Peonage was one of the worst forms of slavery and it is described fully by W. W. H. Davis in his work entitled "El Gringo" as follows:

"Another peculiar feature of New Mexico is the system of domestic servitude called peonage, that has existed and still exists in all the Spanish American colonies. It seems to have been an institution of the civil law, and in New Mexico, is yet recognized by statute, (about 1855). The only practical difference between it and negro slavery is that the peons are not bought and sold in the market as chattels; but in other respects I believe the difference is in favor of the negro. The average of intelligence among the peons is lower than among the slaves of the Southern States; they are not so well cared for, nor do they enjoy so many of the blessings and comforts of domestic life. In truth, peonism is but a more charming name for a species of slavery as abject and oppressive as any found upon the American continent.

"The statutory law recognizing its existence in the Territory is dignified with the title of 'Law regulating contracts between master and servants.' This is all well enough on paper, as far as it goes, but the statute is found to be all

upon the side of the master. The wages paid is the nominal sum of about five dollars per month, out of which the peon has to support himself and family. The act provides, among other things, that if the servant does not wish to continue in the service of the master, he may leave him upon paying all that he owes him; this the poor peon is not able to do and the consequence is that he and his family remain in servitude all their lives. Among the proprietors in the country, the master generally keeps a store, where the servant is obliged to purchase every article he wants, and thus it is an easy matter to keep him always in debt. The master is required to furnish the peon with goods at the market value, and may advance him two-thirds the amount of his monthly wages. But these provisions, made for the benefit of the peon, are in most instances disregarded, and he is obliged to pay an enormous price for everything he buys, and is allowed to run in debt beyond the amount of his wages, in order to prevent him leaving his master. When parents are, as the statutes term it, 'driven into a state of slavery' they have the right to bind their children out as peons, and with this beginning, they become slaves for life. When a slave runs away from his master, the latter goes after a justice of the peace, or some other civil magistrate, and takes out a 'warrant of the debt,' which authorizes the arrest of the peon in any part of the Territory. One of the most objectionable features in the system is, that the master is not obliged to maintain the peon in sickness or old age. When he becomes too old to work any longer, like an old horse who is turned out

to die, he can be cast adrift to provide for himself. These are the leading features of peonism, and, in spite of the new name it bears, the impartial reader will not be able to make anything else out of it than slavery."

New Mexico was considered slave territory. The Organic Act had provided that New Mexico should eventually be admitted as a slave or free state as its people in their constitution might decide. The New Mexicans had no slaves, and desired none. The few that were introduced into the territory were mostly as body servants. The Territory being under the control, to a great extent, of Southern men and Southern influences, which controlled the legislation, a law was passed in 1857, prohibiting, under penalty of fine and hard labor in the penitentiary, the residence of free negroes or mulattoes in the Territory for a period exceeding thirty days. And, in 1859, an act was passed 'to provide for the protection of property in slaves in this territory.' It provided punishment for the enticing away or aiding the escape of a slave, making it a felony punishable with imprisonment from four to ten years; it prohibited the furnishing or sale of arms to slaves, and all trade with them except with the master's written consent. It provided stringent and detailed regulations for the return of fugitive slaves, including his sale if not claimed. It forbade masters giving their slaves the use of their time; permitted stripes for insolence and disorderly conduct, and branding for crime; declared that slaves could not testify in court against free persons. It prohibited and annulled all marriages between whites and

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