The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-01
Interesting from Mesiiia Valley.
A1BrQuERcrE, New Mexico, Feb. Is, 1864.

Interesting from MesiiIa Valley.
AIBrQuKRcrH, New Mexico, Feb. Is, 1864.
TO TIE EDITOR THE NEW YORK HERALD.
sm:-Hcrewith nclosed send you a number of the
Santa Re castle which contains copy of the CORES.
pondence between Judge Benedict and Major Backus
while the Judge held the N. Term of Court in Denanco
county That and the articles written by Judge Watts
will explain the chief facts
Cuenas Azules eminent chief OF the Mescelaro
tribe of Apache Indians. He, with of his people,
had been friendly visit and talk to Fort Fillmore
At night he became intoxicated in the town of Dcnana
the undisputed sidc of the river and when short
distance from his party brutaly beaten and lived
but short time. Mexican of Mesla was and is sup.
posed to have committed the crime
The tribe greatly eSaspcraed and threatened the
fun force OF their Indian vengeance. This consists in
stealing robbing &c and nfestng the Jernada del Mu
erti or twenty mile tourney of death, " and murder
ing, II they can, when they dare attack. There
excitement and much apprehension among the people
that they would try TO enforce their threats Some Of
the men talked with the Judge about the matter while
his court held It's sitting.
The to Azules asked Judge TO fix upon een
days the period in which Barulc should be produced
for trial If not thea forthwith they would take their
The Judge of spoke plainly and said they
must keep peace continually, II you deem anything in
the facts connected with the Mesla question dis
cussed in the correspondence, worthy Of public aten
tion you will please refer to it in your paper. hesa
Is place TO which many criminals fee from this coun-
where courts held without fearing TO be arrested.
This state of things trust viii soon cease.
JUDICIAL JURISDICTION OVER THE MEsILLA VALLEY.
From the Santa Re Gazette
1HE Mr.nIA QUESTION AGAIN.
In the month of July 1853 series of articles on the
boundary question was published, when the following
positions we're announced and supported by the authority
of adiudged cases, argument, facts and evidence
lst That the sctcn Of the boundary Commission was
not conclusive nor binding upon tho United States.
I'd. That the limo Of Mr. Bartlett a void line not
aectingany Of the rights Of the United States existing
under the treaty OF Guadalupe lhdalgo.
I'd. That 10 tho time OF running the line by Mr.
Bartlett the Aesiia valley had been in the posses
sion under jurisdiction of the State chihuahua
but in fact in the possession and under the juris
dction Of the Territory OF New Mexico.
4th That tie President of the United States and Con-
grcss had in effect repudiatcd said line Mr. Bartlett
9Th That the proclamation OF Governor Lane of 18th
of March 1858 proper assertion of the title Of the
extension OF the jurisdiction of the territory of New
Mexico that disputed territory
Since that time important additional events have
taken place which the government and people Of the
United States ought to be informed of and il is pre-
sent purpose to lay that information before them.
Tie county Of Done Ana is situated the east side of
The Rio Grandc opposite the Mcsla valley and distant
about three miles from the town of Mesia is situated
Lns Cruces tie county seat of pona Ana county About
six miles below Las Cruces is located the post of Fort
Fillmore At this post there is now stationed four five
COM anes of United States troops under the ommand
of Major L. Hackus II became necessary for the Hon.
Kirby Benedict United states District Judge for the
Third Judicial District at the November term 1853 of
the Dona Ana court TO meet the question OF jurisdiction
the Mesil valley In his instructions to the grand
jury clear and mastery review Of the question, he
steps than the constitution treaties and laws of the
United States and of this territory that by the treaty
Of GUADALUPE Hidago by the laws Of the Congress of the
United States. and by the proclamation OF Gov Lane, of
18th of March 1853 tito Mcsa valley was the rghtful
property Of the United States portion of the county of
Dona which the process this court extended
and that il the duty Of the officers of this court when
they had process against any criminals residing in the
Mesa valley reaceaby to 90 there and arrest them on
such process and bring them before him TO he dealt with
according to law Under these instructions of the Judge
indictment found against Pedro Jose Barule for
IF aIp1ia alt
warrant issued for his apprehcns on.
Judge Benedict then wrote letter to Major Backus in
forming him that indictment found against Pedro
Jose Barulc Tor the murder OF the Indian chief Cuentas
Azules; that the United States Marshal Mr. Rumley,
being sent to arrest him. the Acae refused to give him
up and that the Inhabitants armed to arrest the
ecuon of the warrant and that furthermore the Court
would require the assistance of the United States army
enable the Marshal to arrest the accused and produce
him in the court 10 he dealt with according to law.
Both the Marshal and the Sheriff in the state
men of Judge BENEDICT that they unable TO
Barule without military aid
To the appeal cf Judge Benedict Major Backus
replied that he regretted exceedingly that he
relied not to furnish the said military aid for many
erch
l. The delicate relations existing at present between
The fact that the republic of Mexico has exercised
Jurisdiction ever said territory for nearly two
In declining TO comply with the request OF Judge Bone
diet lie governed solely by what he considered be
his duty to the OF the United states and
BY disioaion TO withhold his support from just ad
nnistraton Of lie laws OF his country. But he
riousy aprrohonsye that the employment of military
force for the purpose named would lead to disastrous
sults.
This followed by long article from of the
contributors Of tho Gazette fernan do dc Taos who sup
ported the by Judge Benedict he said in con-
cuson that ''1he Judiciary of this Territory and the
people wish to know what they mig expect and to de-
pend on II the temporary commander of a four
pany post in effect take his seat upon the judges
bench his decisions and set at defiance his pro-
and mandates under the law, let know it. the
judicial authortyof this Territory to be left in this
powcrcss condition in the execution of process for the
apprehension and punishment Of public criminals let the
country know it, If the right and extent of jurisdiction
existing under the treaties and laws Of the United States
determined by the highest judicial authorities OF this
Territory to under the review Of the temporary
commander of four company post and to be tramp
led under foot and disregaed by him whenever he thinks
his duty 10 his government may require it, and such
conduct is 10 meet the appreciation of the military
mandant Of this military department it is due to the ju
dietary Of this Territory to know it nj in order that
they may be longer deluded with the unsubstanta
semblancc Of authority