One fact, however, I deem it proper to mention, which is this: that upon arriving here as district here as district attorney of the United states for this Territory, for the purpose of attending to the business of the United State at the supreme court at its January term, A. D. 1863, I was accosted in the street by one Joseph Cummings, representing himself to be provost-marshal, and peremptorily required to report at his office. I was also forbidden by him to leave for my place of residence without obtaining a passport, all of which orders I complied with, protesting at the time that they could not be intended to include civil officers commissioned by the President of the United States when traveling in the discharge of their official duties. Mr. Cummings replied that the duty was an unpleasant one to him, but that such were your orders, and he has and did not return until after I had left, and as I had never been annoyed by anything of the kind either before or since that time, I dismissed the subject from further consideration, presuming it to have been a mistake of the provost-marshal in the construction of his orders, which you had afterward corrected.
I have the honor to be, very respectfully, your obedient servant,
THEODORE D. WHEATON.
[Inclosure Numbers 6.]
SANTA FE, N. MEX., July 6, 1864.
Brigadier General J. H. CARLETON,
Santa Fe, N. Mex.:
SIR: In reply to your note of yesterday, I am not able to give the exact words of Judge Knapp, as used by him at the sessions of the supreme court held on the 4th and 5th instant at this place, but can state that he said in effect that the territory of New Mexico was under military domination, and that in consequence of the rigid application to him of the passport system, under the general orders of the commanding officer of this military department, he had been greatly embarrassed in going to and returning from the places of holding the supreme and district courts of this Territory, and that while such military domination continued, and the military passport system, as applicable especially to the judges of the U. S. supreme and district courts of this Territory, remained in force and were not revoked, he should decline hearing causes or transacting any business in those courts.
In my recollection, experience, and knowledge as to your acts, general, either now or in long years past, when in different capacities you have held military command in this Territory, I know of no instance of your having obstructed, hindered, or delayed the administration of the laws of the civil courts.
This statement I do not make in the form of an affidavit; so doing would be extrajudicial and of no better effect than as now given. I, however, hold myself bound to verify this statement whenever it may become necessary or required in proper form.
I am, general, very respectfully, your obedient servant,