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62 Series I Volume IV- Serial 4 - Operations in the South and West

Page 62(Official Records Volume 4)


OPERATIONS IN TEX., N. MEX., AND ARIZ. [CHAP. XI.

colonel, to be mustered into the service of the United States, with the organization prescribed for volunteer cavalry in War Department General Orders, Numbers 15, of May 4, 1861. Should they desire it, the independent companies that have already been mustered in or are being raised under previous requisitions, will be accepted, in order to complete the organization of a regiment of four squadrons (eight companies). The term of service will be for three years, unless sooner discharged.

Very respectfully, sir, your obedient servant,

ED. R. S. CANBY, Major Tenth Infantry, Bvt. Lt. Colonel , Commanding Dep't.

CIRCULAR.] HEADQUARTERS DEP'T OF NEW MEXICO, Santa Fe, N. Mex., August 8, 1861.

The writ of habeas corpus has been suspended in order to enable every commander to guard against the treasonable designs of persons disloyal to the Government of the United States, particularly agents and spies, persons engaged in furnishing information to, or in other treasonable correspondence with, the enemy, or in inciting insurrection or rebellion.

Care will be taken to guard against any abuse of this power by unauthorized arrest or by annoyances to peaceable and well-disposed citizens, and, except in the case of overt acts, arrests will only be made by the superior commander of any district, post, or body of troops in the service of the United States, and only upon probable cause of suspicion of being dangerous to the public safety.

When arrests are made, the person arrested will immediately be examined, and if there be no ground for suspicion, will be released; if otherwise, held in confinement until his case is disposed of by the proper authorities. If there be evidence of treason or misprision of treason, he will be turned over to the civil courts for trial.

In the execution of these duties the troops will at all times unite with and assist the civil authorities in maintaining order throughout the country.

By order of Colonel E. R. S. Canby:

A. L. ANDERSON, Second Lieutenant, Fifth Infantry, A. A. A. G.

GENERAL ORDERS,} HDQRS. DEPARTMENT OF NEW MEXICO, Numbers 27. } Santa Fe, August 8, 1861.

The Southern Military District of New Mexico is extended so as to include all the country south of, and including, Albuquerque-headquarters at the discretion of the commander-under the command of Bvt. Lieutenant Colonel B. S. Roberts, U. S. Army, who is assigned to duty according to his brevet rank.

By order of Colonel E. R. S. Canby:

A. L. ANDERSON, Second Lieutenant, Fifth Infantry, A. A. A. G.

HEADQUARTERS OF THE ARMY, Washington, August 13, 1861.

Lieutenant-Colonel CANBY, Commanding , &c., Department of New Mexico, Sante Fe:

SIR: Under instructions from the War Department, the General-in-Chief directs that you withdraw the regular troops from New Mexico,