War of the Rebellion: Serial 102 Page 0376 LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter LX.

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before we did; in fact, we were to come together. I have not heard anything about them since we started. They were guided by a man named Frank Martin, who said he had been in New Mexico last fall, and had gone back to Texas again last fall. It was said he knew the route. I think he came here as a refugee and took the oath of allegiance last fall. My only purpose in leaving Texas was to get where Federal rule was; to get to Missouri and get my family out of Texas.

This statement was sworn to before me this 3rd of May, 1865.

D. H. BROTHERTON,

Captain, Fifth U. S. Infantry, Commanding.

[Inclosure III.]

INSPECTOR-GENERAL'S DEPT., DEPT. OF NEW MEXICO,

Las Cruces, N. Mex., May 4, 1865.

Captain D. H. BROTHERTON,

Commanding, Franklin, Tex.:

CAPTAIN: Your express has arrived. Your communications to department headquarters, under cover to me, have been read. They will go hence to Craig by special express, as you request. You are authorized, and I suggest it as advisable, to employ from one to three secret police or spies, to inform you of the approach of any suspicious persons or organized forces, or of their presence in or near El Paso. I do not apprehend the invasion of this Territory by a Confederate force, but a lawless body of men may attempt a raid for mischief and plunder in their desperation. The prefect of El Paso can aid you by convincing him it is for your mutual interests to act together in this matter.

By order of General Carleton:

I am, very respectfully, your obedient servant,

N. H. DAVIS,

Assistant Inspector-General, U. S. Army.

[Inclosure IV.]

HEADQUARTERS DEPARTMENT OF NEW MEXICO,

Santa Fe, N. Mex., May 9, 1865.

Captain DAVID H. BROTHERTON,

Commanding at Franklin, Tex.:

CAPTAIN: I have had the honor to receive your letter of the 3rd instant covering a statement of William J. Davis, a Texas refugee, with reference to the assembling of an armed party near Gainesville and Fort Belknap, in Texas, having in view the making of a marauding expedition into New Mexico, under the leadership of one Spruce M. Baird, who was formerly a lawyer in this Territory. When Davis left Texas neither Richmond nor Mobile had fallen, nor had Lee and Johnston and Mosby surrendered, nor had the quasi Confederate Government dissolved and scattered. So that what those men proposed to do under what they claimed as a Government having armies, a political organization, and a flag (not recognized by us it is true, except to consider the land and naval forces of that quasi Government as belligerents in order that the war might be conducted according to the rules of civilized warfare) they could not now perform without putting themselves in the position of freebooters and pirates, for they represent no political nationality and can now march under not even the flag of the so-called Confederate States. Therefore, as those men, whenever found, must be considered as outlaws, robbers, and highwaymen, which fact they themselves will