War of the Rebellion: Serial 084 Page 0115 Chapter LIII. CORRESPONDENCE, ETC.- UNION.

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[Inclosure Numbers 3.]

SANTA FE, N. MEX, July 7, 1864.

Brigadier General JAMES H. CARLETON,

Commanding Department of New Mexico:

SIR: In answer to yours of date July the 6th instant, asking of me a statement as to what took place on the part of Judge Joseph G. Knapp at a session of the supreme court, which convened in this city on the 4th instant, as to what Judge Knapp said or what transpired at said session, I cannot state, as I was not present during said term. I did not attend said session, because I was informed on the first day of the said session that Judge Knapp announced that none of the trials of appeal cases pending in said court would be heard during the present term or any business transacted, as I did not desire to be present unless to attend to the trial of causes in said court in which I was engaged as counsel.

In relation to the other matter inquired of in your letter, I take pleasure in stating that my acquaintance commenced with you as far back as the year A. D. 1856, as an officer in this Territory. At that time you, upon all occasions, acknowledged and recognized the supremacy of the civil authority and obedience to the same. This I know from having been your counsel at that time in some matters pending before the district court. Since your arrival in this Territory as commander of this department, you have in like manner recognized and acknowledged the supremacy of the civil authority, and instead of embarrassing the civil courts of this Territory, you have on all occasions, when opportunity offered, rendered every assistance in your power to aid the courts in this the first judicial district, as also in the second judicial district, the two districts in which I have practiced, in the discharge of their duties. You have furnished escorts to the court in this district whenever asked for, to enable the court to hold her terms in the different counties. You have also turned over to the civil authorities citizens charged with crimes, that were in custody of the military, whenever such cases were properly triable before the civil courts, and in no instance whatever have I seen upon your part the slightest disposition to embarrass the civil courts of this Territory in the exercise of their judicial functions.

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


[Inclosure Numbers 4.]


Santa Fe, N. Mex., July 7, 1864.

Brigadier General JAMES H. CARLETON,

Commanding Department of New Mexico:

SIR: I have the honor to acknowledge the receipt of your letter of the 6th instant, and in reply thereto to make the following statement:

Upon the opening of the supreme court upon Monday, the first day of the term (July 4, 1864), it proceeded to fix the terms of the U. S. district court for the trial of causes arising under the laws of the United States, at the Mesilla in the third judicial district, whereupon Judge Knapp announced that he would not proceed to the hearing of any motion, cause, or business until General Carleton, commanding officer of the Military Department of New Mexico, should revoke absolutely the military orders concerning passports in this Territory. He persisted