Drove after Lynde 6 miles in a buggy with two horses on a full run. of his whole command, with a com

He was then 5 or 6 miles ar. Cressey. Reported to him the Texans

pany of Mounted Rifles under

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 ́or a slow walk-the d-dest kind of a slow walk.)

Went back to camp, Captain Gibbs protecting 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. hang 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 surrendered us! I am going up to protest 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, and Colonel Baylor, Texan forces, and 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 protest 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.

No. 5.

Statement of Capt. 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; Doña Aña 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, and he brought four; also Lane's company of Rifles, 42 men. McNally 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 Doña Aña, a point he could hold against any number of men; then to send 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.

Twice McNally induced him to give the order to haul down the secession flag in Mesilla; twice he gave the order; twice McNally was saddled up, and twice he rescinded it. The second time his adjutant, Mr. Brooks, (who had previously resigned,) came to McNally and told him that he had prevented his going to Mesilla, as he thought it best not to bring on a collision with the Texans. The first time he would have gone, but he (Brooks) prevented it.

The Texans were then at El Paso, 45 miles below. This was from the 4th to 25th July. They were always urging him on. The night of July 24 or 25 the Rifle picket, stationed 7 miles below, brought in a Texan prisoner, who stated that the Texan forces were coming up and within an hour's march of the fort. The long roll was beaten and our men fell in promptly. There they stood until daylight, except that 25 Rifles went out to call in Potter and Lieutenant Hancock, leaving the San Tomas road open for the Texans, by Major Lynde's orders. At daylight McNally went to Major Lynde, and asked him to let his company of 32 men, and Cressey's of 22 men, go over to Mesilla and see if the Texans were there. He said: "Yes; mount your command and go, and give me all the information you can collect." I took the command, crossed the Rio Grande, and went over as fast as possible to Mesilla, halted the command, gave it to Mr. Cressey, and rode into the town with three men, first sergeant, corporal, and a private. Gave orders to Cressey, if we were not back by a certain time, either to take the town or send back for re-enforcements, as he saw fit. Rode through the town; found everything quiet; the flag was not flying. Went back and reported to Major Lynde no Texans present, and everything appeared to be quiet. Then McNally mounted his 32 men; again started out with Dr. McKee to find their trail. Found their camp within 2 miles of Fillmore, about 300 or 400 men, who had left shortly before and crossed the river to Mesilla. Went back and reported to Lynde. They had gone in by the San Tomas road, abandoned by his order the night before. Lynde told him to dismount his men and put his horses in the stable.

This was at 9 a. m. on the 25th. At the same time positive word was brought back that the Texans were in the town of Mesilla (by Captain Potter). After that we laid quietly in garrison until 4 p. m., when he moved the whole forward, putting McNally, with 22 men, in front, with the order to go on and feel the way. He had four 12-pounder mountain howitzers. He first fired two shells at long range. Ordered McNally to form and go ahead. McNally kept ahead until he got within 60 or 70 yards of the Texans. Halted, and reported in person that they were there in the jacals and corn fields. First McNally knew they fired one shot, that cut away his saber; the second struck him. Then fired a volley of about 80 shots. (They confessed to 70 men.) They had no artillery. McNally dismounted, and fired at random. They fired another volley. Remounted, not being supported. Sent to Major Lynde, who could not be found, and not being supported by infantry or artil lery, ordered his men to retreat. In this fire one sergeant and one corporal were wounded and one man killed. In retreating, the Seventh Infantry fired into us. I retreated behind the battery, and found the infantry still in the rear. There McNally fainted from loss of blood, and was carried from the field. The last he heard was an order from Major Lynde to retreat.

N. B.-Before Brown, the prisoner, was brought in, a Mexican came in and reported the Texans in force, and Lynde never sent out a scout. The command reached Fillmore about 10 p. m. on the 25th.

No. 6.

Recapitulation of troops surrendered at San Augustine Springs, N. Mex., July 27, 1861.

Released on parole: 1 major, 2 assistant surgeons, 2 captains, 5 first lieutenants, 1 second lieutenant: total commissioned, 11. 1 sergeantmajor, 1 quartermaster-sergeant, 1 principal musician, 23 sergeants, 22 corporals, 7 musicians, 344 privates: total enlisted, 399. Aggregate, 410.

In confinement as prisoners of war: 1 sergeant, 15 privates: total, 16. Deserted to the enemy: 1 hospital steward, 1 sergeant, 24 privates:" total, 26.

Available for service, not paroled: 2 sergeants, 3 corporals, 35 privates: total, 40. J. H. POTTER,

Captain, Seventh Infantry, Commanding.

No. 7.

U. S. Secretary of War to the House of Representatives.

WAR DEPARTMENT, December 12, 1861.

Hon. G. A. GROW, Speaker of the House of Representatives:

SIR: In answer to the resolution of the House of Representatives of the 4th instant, asking what measures have been, or ought to be, taken to expose and punish such of the officers now on parole as were guilty of treason or cowardice in surrendering Fort Fillmore, in New Mexico, to an inferior force of Texas troops, I have the honor to inclose a report of the Adjutant-General, which, together with a copy of General Orders, No. 102, herewith, furnishes all the information in the possession of the Department.

HDQES. OF THE ARMY, ADJUTANT-GENERAL'S OFFICE,

Washington, December 11, 1861.

SIR: I have the honor to acknowledge the reference to this office of a resolution from the honorable the House of Representatives, dated December 4, 1861, asking what measures have been taken, or ought to be taken, "to expose and punish such of the officers now on parole as were guilty of treason or cowardice" in the surrender of a "force of United States troops," under Maj. Isaac Lynde, in New Mexico, in July, 1861, "to an inferior force of Texas troops," &c.

In compliance with your instructions, I have the honor to report that Major Lynde was, by direction of the President of the United States, dropped from the rolls of the Army, November 25, 1861, for the offense alluded to in the resolution. It is believed that no other officer of the command was in any way involved in the suspicion of complicity in the offense, and the commanding officer, Major Lynde, was the only person on whom the responsibility could rest.

The resolution is herewith respectfully returned, together with a copy. of General Orders, No. 102. Respectfully submitted.

The Hon. SECRETARY OF WAR.

L. THOMAS,
Adjutant-General.

[Subinclosures.]

CONGRESS OF THE UNITED STATES,

In the House of Representatives, December 4, 1861.

Mr. Watts submitted the following, which was adopted:

Whereas, in July, 1861, at Fort Fillmore, in New Mexico, Maj. Isaac Lynde, U. S. A., abandoned said fort, and shortly after its abandonment surrendered a largely superior force of United States troops under his command to an inferior force of Texas troops, without firing a gun or making any resistance whatever; and whereas it is charged and believed that said surrender was the result of treason or cowardice, or both, in which surrender other officers under his command were also concerned: Therefore

Resolved, That the Secretary of War be requested, if not incompatible with the public interest, to report to this House what measures have been or ought to be taken to expose and punish such of the officers now on parole as were guilty of treason or cowardice in that surrender, and relieve from suspicion such as were free from blame. Attest:

GENERAL ORDERS,
No. 102.

EM. ETHERIDGE,

Clerk.

HEADQUARTERS OF THE ARMY,
Washington, D. C., November 25, 1861.

I. Maj. Isaac Lynde, Seventh Infantry, for abandoning his postFort Fillmore, N. Mex.-on the 27th of July, 1861, and subsequently surrendering his command to an inferior force of insurgents, is, by direction of the President of the United States, dropped from the rolls of the Army from this date.

Reports of Lieut. Col. John R. Baylor, C. S. Army, of skirmish at Mesilla, and surrender of Union troops at San Augustine Springs, and subsequent operations.

PICACHO, MESILLA VALLEY,
Arizona, August 3, 1861.

SIR: I have the honor to report that I had an engagement with the U. S. forces, numbering over 500 cavalry and infantry with four pieces of artillery, at Mesilla, on the evening of the 25th of July, in which the enemy were repulsed with a loss of 3 killed and 7 wounded.

On the 27th I captured at San Augustine Springs the entire command of the enemy under Major Lynde, consisting of eight companies of infantry, three of Mounted Rifles, with four pieces of artillery, together with all their transportation, arms, ammunition, commissary and quartermaster's stores; all of which, with Fort Fillmore, are now in my pos session.

Too much praise cannot be given to the officers and soldiers under my command, and especially to Captain Hardeman and company, who were the only part of the command engaged with the enemy.

I have thought proper to release upon parole the entire command of officers and men, as I could not, with less than 300 men, guard over 600 and meet another force of 240 of the enemy that is looked for daily. I have the honor to be, respectfully,

JOHN R. BAYLOR,

Lieut. Col., Comdg. Second Regiment Mounted Rifles, C. S. A.

HEADQUARTERS,

Doña Aña, Ariz., September 21, 1861.

SIR: I have the honor to submit the following report of the engagement at Mesilla on the 25th of July; the capture of the United States forces the day after the next succeeding at San Augustine Springs, in the Organ Mountains, Territory of Arizona, and of my operations in the Territory up to the present time:

On assuming command at Fort Bliss I ascertained that the United States forces were concentrating in strong force at Fort Fillmore, and from the proximity of that post I supposed that the object of the enemy was to attack the forces under my command at Fort Bliss. I was satisfied that if I permitted them to concentrate, my command was too weak to maintain my position. I therefore determined to attack the enemy in detail, and prevent, if possible, the contemplated concentration. For that purpose I sent a detachment, under Major Waller, to reconnoiter Fort Fillmore and see the position of the enemy's pickets, also whether the fort could be approached without discovery. The report of Major Waller satisfied me that I could easily in the night gain a position between the fort and the river (Rio Grande), and cut off the animals as they went to water; then the enemy would have to attack me in a strong position, thus rendering the protection afforded by the fort of no use. I accordingly took up the line of march in the night of the 23d of July with 258 men, and in the night of the 24th succeeded in taking a position on the river near Fort Fillmore. The surprise of the enemy would have been complete but for the desertion of a private from Capt. T. F. Teel's company, who reported to Major Lynde our strength and position. The long-roll was distinctly heard, which apprised us that our approach was known to the enemy.

On the morning of the 25th I determined to occupy Mesilla, and prevent, if possible, the enemy from getting a position there, as it was one that would be easily held, and would enable them to hold the country. I reached Mesilla in the afternoon of the 25th, and was soon informed that the enemy were marching to attack us. I posted my men in position and awaited the arrival of the enemy. At about 5 o'clock I discovered their cavalry approaching the town by the main road, and soon after the infantry came in sight, bringing with them three howitzers. They formed within 300 yards, and were, as near as I could tell, about 600 strong. A flag was sent in to demand the "unconditional and immediate surrender of the Texas forces," to which I answered that " we would fight first, and surrender afterward." The answer was followed by the enemy opening on us with their howitzers. After four or five rounds of bombs, grape, and canister, the cavalry formed and marched up within 250 yards, preparatory to making a charge. Captain Hardeman's company, being in position nearest the enemy, was ordered to 2 R R-VOL IV