for several hours. On arriving at the mouth of the cañon I assumed command of the cavalry force, consisting of Companies F, B, and I, and a part of G, Mounted Rifles-70 men strong. The Texans, under Colonel Baylor and Major Waller, and about 320 strong (all cavalry), with some dismounted men, and what seemed to be a couple of pieces of artillery, at this time debouched from behind the point of the hill below me to the left, and captured the beef cattle and my two wagons. I deployed 50 men as skirmishers, with 20 men as a reserve; but finding that I was entirely outflanked, I formed column of sections and prepared to charge with drawn pistols.

Before doing this I sent back word to Major Lynde, by an intelligent man, the exact state of affairs. He brought back word to protect the wagons, if possible, and then to fall back on the main camp. As most of the men had thrown away their muskets and gone to the front, I retreated slowly and in good order, forming in line three times, and keeping the Texans in check by causing them also to form line. On arriving at the crest of the Pass I galloped into camp and reported myself to Major Lynde as ready for action, and asked where I should take position. Part of the infantry companies were already formed and men were rapidly falling into ranks. Major Lynde told me to dismount and water my men and horses. As we had been twenty-four hours without water I did so, and was ready in fifteen minutes for duty.

The Texans then began to form on the plateau a quarter of a mile in our rear, and I saw Lieutenant Brooks ride out towards them. Major Lynde at this time sent me word that I could leave for Fort Stanton, but before I could get a sack of flour and a side of bacon as rations for my men Colonel Baylor had arrived, the surrender had been agreed upon by Major Lynde and himself without consulting a single officer, and I was ordered by Major Lynde not to attempt to escape. Upon be ing informed of the surrender, every officer in the command protested against it; but it was of no avail, and the command of seven companies of the Seventh U. S. Infantry and three companies of Rifles were voluntarily surrendered without striking a blow. After great suffering for want of water we were marched to Las Cruces, when our horses, arms, transportation, &c., were turned over to the Texans.

We left Las Cruces on the 2d instant and arrived here this morning. The Seventh Infantry were to leave on the 3d, and will probably be here to-morrow. I respectfully state that charges against Major Lynde, under the fifty-second and ninety-ninth Articles of War, have been preferred, and are now in the hands of Captain Potter, commanding Seventh Regiment.

I am, colonel, very respectfully, your obedient servant,
ALFRED GIBBS,

Col. E. R. S. CANBY,

Captain, U. S. Rifles, Comdg. Squadron.

Nineteenth U. S. Infantry, Comdg. Dep't New Mexico,
Through Capt. R. M. Morris, Comdg. Fort Craig, N. Mex.

FORT UNION, N. MEX., August 29, 1861.

SIR: I have the honor to report my arrival at this post on yesterday with three paroled officers and the detachment of Mounted Rifles included in the surrender of the 27th ultimo. I have the honor to ac knowledge the receipt of your communications of the 23d, 24th, and

25th instant, and in reply beg to state that I herewith inclose a list of the men and officers included in the surrender, as requested by you, byname, with explanatory remarks. The number of horses and mules surrendered by me was 100 horses and 2 mules. In addition, 8 horses were stolen. The number of sets of arms and equipments corresponds with the number of men.

In the order directing the paroled men of the Rifles to march into the States, dated the 25th instant, no mention is made of the disposition to be made of the four officers with them or the paroled men of Companies I and G included in the surrender, and now here under my command. I should like to be informed of this at once, and if they are to be embodied in Company F. There will then be three first sergeants with the command. How are they to be disposed of? With regard to the books, records, and property pertaining to Company I, Mounted Rifles, a part was kept in Albuquerque, to be forwarded by Captain McFerran to the ordnance officer here, a part is now here in daily use by the whole command, and the balance will be sent, as directed in your letter, to Santa Fé by the first opportunity. I shall be compelled, however, to retain the tents, as the depot here is entirely stripped of them. As soon as the muster rolls are completed, Private Marius, of Company I, not paroled, will be sent to Santa Fé to report, as directed. I am, sir, very respectfully, your obedient servant, ALFRED GIBBS,

Lieut. A. L. ANDERSON,

Captain, Rifles, Commanding Squadron.

A. A. A. G., Hdqrs. Dep't New Mexico, Santa Fé,

Through Commanding Officer Fort Union.

JEFFERSON BARRACKS, Mo., November 7, 1861. SIR: I have the honor to request that a court of inquiry may be ordered, to convene at this place as soon as possible, to inquire into and report upon the facts and circumstances connected with and bearing upon the surrender of Major Lynde's command at San Augustine Springs, N. Mex., July 27, 1861, more particularly as relates to my connection therewith as commanding the mounted force of that command. This request is made in the name of all the officers connected with my command.

I am, sir, very respectfully, your obedient servant,
ALFRED GIBBS,

Captain, Third Cavalry, Commanding Squadron.

To the ASSISTANT ADJUTANT-GENERAL,

Headquarters of the Army, Washington, D. C.

Statement of Captain Gibbs.

Captain Gibbs was relieved from duty as commissary, depot at Albuquerque, July 15. Received an order, July 17, to take Company I, Mounted Rifles, and escort 100 head beef cattle from Fort Craig to Fort Fillmore, and report to Major Lynde for duty. Left Albuquerque on the 18th. Reached Fort Craig on 22d. Started with the cattle and

List of names omitted. The number of officers and men of the United States Mounted Rifles was 100.

Company I, 35 men, mounted. On the night of the 23d reached Point of Rocks, 80 miles, without water. On the morning of the 26th met Captain Lane, Mounted Rifles, from Fort Fillmore, with a train of fif teen wagons, commissary stores, who asked me to stay by him that day, as [he was] afraid of being attacked by the Confederate forces. He advised me not to go to Fort Fillmore, as I was certain to be cnt off by their troops. Staid by him all that day. Started at sunset, and turned off the road to the left to avoid the rebels. Made for San Augustine Springs, 45 miles, without water, intending to come in behind Fort Fillmore, and thus avoid the enemy and carry out my instructions. At noon on the 27th, when within 5 miles of the Springs, met Major Lynde's command, which had abandoned Fort Fillmore the night before. Rode forward and reported to Major Lynde's adjutant, Lieutenant Brooks, who told me that Major Lynde was encamped 5 miles in advance, at the Springs. Rode forward with the adjutant, and sent on an express that a party of the enemy were approaching from the rear. Came up to Major Lynde a quarter of a mile this side of the Springs with Lieutenant Cressey, returning to the rear with 40 men of the Mounted Rifles. Reported to Major Lynde and asked for orders. He told me that there were two companies of the Seventh Infantry in rear guard, and that they, with the Rifles, would protect the rear. Filled my canteen at the Springs; rejoined Major Lynde about 2 miles from it, returning to the front without his escort, which had gone to the rear. He told me to protect the rear with the infantry rear guard and the mounted force as long as I saw fit, and then to return to the camp at the Springs. joined the mounted force, then consisting of 70 men, and formed at the foot of the hill in front of the enemy. I found that the infantry rear guard was completely broken down by their long march and want of water; that I had nothing but the mounted force to rely upon. Four of Major Lynde's baggage wagons, filled with stores, and women and children, completely blocked up the road.

Re

I requested Lieutenant Brooks to try to get a couple of the 12-pounder mountain howitzers that were fastened behind these wagons, and gave him men from my command for that purpose. It was found that the ammunition for these pieces was not in the wagons to which the pieces were fastened, and the effort failed. Finding that my force of 70 men, armed with rifles and pistols only, was opposed to the enemy's force of 300 men, similarly armed, with the addition of sabers, [which] was rapidly approaching, and the ground was favorable only for a single charge, I sent another messenger to Major Lynde, telling him of the enemy's near approach and their strength. In order to gain time, I kept deploying into line, and by rapid formations gaining ground by our superior drill, to allow the main force in camp in front to form before I reached them. I then rode rapidly to the front, and reported to Major Lynde with my command that the enemy were about 2 miles in the rear and rapidly advancing. I asked him where I should take up my position. He told me that I might water my command and horses. Time, 20 hours without water. The Springs being made, while I was doing so Major Lynde sent me an order not to move. While watering, Major Lynde sent me word that I could leave for Fort Stanton if I chose. Before I could mount I received another order not to move from camp. I went towards him, distance about 100 yards, and saw him in conversation with two mounted officers, whom I did not know. The enemy at that time were in line of battle about a quarter of a mile to the rear. I heard Major Lynde say, "I agree to these terms," and I called to some of the officers to come up. When we came up, all the officers being present, I think, Major

Lynde said: "Colonel Baylor, to avoid bloodshed, I conditionally surrender this whole force to you, on condition that officers and their families shall be protected from insult and private property be respected." Nearly every officer protested earnestly, and even violently, against this base surrender; but Major Lynde said: "I am commander of these forces, and I take upon my shoulders the responsibility of my action in the matter." The altercation by Major Lynde's subordinates became so violent that Colonel Baylor asked who was commander of that force and responsible for their action, when Major Lynde again repeated as above. The adjutant then read aloud, by Major Lynde's order, the terms of the surrender as made by him, when I insisted that the officers and men should be allowed to select any route they might choose in leaving the country, and this was readily granted.

We remained where we were during the night, suffering greatly for want of water. The next day we marched to Las Cruces, on the Rio Grande, 20 miles distant. The following day (the 29th) all the public property in our charge was turned over to the rebel forces. On the 1st of August the oath was administered to all the men and officers.

No. 4.

Report and statement of Asst. Surg. J. Cooper McKee, U. S. Army.

ALBUQUERQUE, N. MEX., August 16, 1861.

SIR: I hereby inclose, through you, to the honorable Secretary of War, my parole of honor, given at Las Cruces, N. Mex., to the commanding officer of the Texas troops, after the base surrender of our forces by Major Lynde, of the Seventh U. S. Infantry (on the 27th July, 1861).

I also inclose a copy of an order to destroy my property. I made the destruction as complete as possible without the aid of fire. This I was forbidden to use. I am unable to make out any return of my property, as in the confusion my retained copy of last year's return was lost. Í will be under the necessity of waiting until my arrival in Washington. I also report that my hospital steward, Charles E. Fitzwilliams, chose to remain with the Texans as a prisoner of war. All paroled troops, officers and men, are ordered to Fort Union, preparatory to leaving for Fort Leavenworth, Kans.

I would be under deep obligations to the Surgeon-General if he would have me exchanged immediately, as I am anxious to be again in active. service.

I am unable to express to you the deep grief, mortification, and paint I, with the other officers, have endured from this cowardly surrender of a brave and true command to an inferior force of the enemy, without having one word to say or firing a single shot. I, among other officers, entered my solemn protest against the surrender, but we were peremptorily told by Major Lynde that he was the commanding officer. To see old soldiers and strong men weep like children, men who had faced the battle's storm in the Mexican war, is a sight that I hope I may never again be present at. A braver or truer command could not be found than that which has in this case been made the victim of cowardice and imbecility.

1

The number of women in this command should receive the rigid scrutiny of the War Department, as five officers had their wives and

children at this post (Fort Fillmore, N. Mex.). The camp women and children I will not pretend to enumerate. Yet all these were kept in the garrison to paralyze us when in presence of the enemy, seemingly preparing for the result-a surrender. Major Lynde was warned of this repeatedly, but was too weak to act. This has been one of the causes why I and others are now prisoners of war.

I am, sir, very respectfully, your obedient servant,
J. COOPER MCKEE,
Assistant Surgeon, U. S. Army.

To the SURGEON-GENERAL, U. S. A., Washington, D. C.

Statement of Asst. Surg. J. C. McKee, U. S. Army.

Dr. McKee agrees with McNally [No. 5] so far as his deposition. He adds to this that if Lynde had laid down [?] in and given the word forward they would have taken the town.

Before going into town asked Major Lynde if he could take a house for his wounded. He said certainly-to take the first. Went forward with Lieutenant Brooks, who requested him to go with a flag of truce, and Brooks demanded an unconditional surrender (this before the fight). Major Waller's reply was, after riding back and seeing his colonel (Baylor), to come and take it. Lynde then ordered his forces forward, cavalry in front and artillery in the road. Ordered the battery to fire into a group on the right and scattered them. The men cheered with enthusiasm. Advanced, throwing infantry to right and left in line of battle; cav alry in front and artillery in road advancing through a corn field towards. the town. After advancing towards town the enemy were concealed in two corn fields; no scouts out.

The firing commenced by the enemy. One of the Rifles killed (Private Lane) and other casualties. Lieutenant McNally dangerously wounded. Two men were killed of Lieutenant Crilly's command in charge of battery. The fire was so hot on the battery that Crilly ordered his men to lie down. After this Major Lynde rode up and told Dr. McKee that he wanted him to prepare his wounded for retreat. Dr. McKee asked him, Retreat where, sir?" He said to Fort Fillmore. Got out his stretcher and carried his wounded in. Arrived about 10 p. m. That night he passed in attending to his wounded. Next morning no orders; all confusion; no one knew what was going on. Captain Potter came, and said he was going to put up a howitzer on Dr. McKee's kitchen. It was taken down in the morning. About 2 p. m. the adjutant (Mr. Brooks) gave the doctor an order to destroy his public property. He refused to obey orders. It was a written order which Brooks gave. An order was issued about 3 p. m. to retreat at 10 p. m., or thereabouts. Turned to and destroyed all my property. Asked Major Lynde's permission to apply fire, and was forbid.

Did not, however, get off until 2 a. m. Were ordered to march to San Augustine Springs, 25 miles. Marched the greater part of the men on foot. On getting within 6 or 7 miles of the Springs the Texans were reported in the rear. Ascending to the summit of the pass, asked Dr. Alden, of the Army, "Shall we go forward and try and bring back Major Lynde because the Texans are in our rear, or shall we stay back with our wounded and be taken prisoners?" On consultation, we concluded to go forward and tell Major Lynde, and try and get him back and protect his command. There was then but one company in the rear. Con cluded to go after him.