New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-29

Government The ciissps Of EewMsxiOo recognized
as Mexican citizens the option given them Of becom
,r within one year. before May 30 $780, citizens Of the
United States not they should fit TO their
wishes In pOnt Of fact Territorial Government was
uAry authorized in New Mexico under the authority Of the
United States. until Sept. Q, 1850
To recsptulaie then. the following facts appear:
l. During the period time from tho Of the
Mevcsn War unit, Sep; 9, 1885, there ne regulsry-o
sased civil authority subordinate to the United States Gov
ernmentbut the contrary, only aIsn civil authority
IN the territory Of Now Mexico by which companies OF vol
uutsers militia claimed, could hsve been called
into service for the suppression Of Indian disturbances
O. The documents offered evidence Of adequate authority
Sor calling ont and orgnz the psues In question con-
uyey show tina. such call in amy proper sense o. the
term was ever made either by eu..Gov Vigil he Mex
can Acting GoysTno by Cen Kosroy. So that even had
there been mtte government OF the United States over
this territory It would still be more than questionable
whether these volunteers serving as shewn by the evidence
in The case brought within the meaning OF cry no
vision Of lsx gr,ntins bounty land for military service
These claimants al other difficulties ob'a'ed very
clearly did not serve any instance irregular VOL
un.eers with the armed Of the United States subject
to military orders Of United Sstes commander They
served alone Mexican czons defending Mexican soi emo
property rom the inouors of an enemy not 'heh 'saso0
in hostilities against tie United Siaie'
With this statement Of The acts It il respectfully submitted
for YOUR decision whether thee claims far as they sc
founded On any service rendered por to Sept 1885, have
\ any legal foundation, and can be properly allowed
sundry filed in support Of these claims axe mere
| with transmitted.
/ have the honor to be. very respectfully. years
JAS. y. BARRETT Commissioner
DEPARTMENT TIE INTERIOR,
NAsBls6ToS, Oct "A, lStH
SIR: have 70 acknowledge your Communication
tn .f,ff fOc ftrIk
Of certain citizens Of NewMexco to bounty lands for services
in suppTeslng Indian boes in that Territory previous to
s cson to the United By the Government OF Mexico
To Justify the allowance OF claims must appear that
the services were rendered In III which The United
states engaged. that the claimants served win the
armed forces Of tie United atcs" and ,hs, they Sub
ee to military orders OF tn officer Of tho United States
At the tme the alleged services rendered New-Msxco
was part Of the territory Of the Government OF MEXICO
The ct thu. the UAted siseS troops held possession OF ia
capital did not annex this country. The distinct avowa
Of tho Government Of the United States that the war was not
prosecuted FOX the purposes Of conquest orbd' the oonca
sion that 4 was held as conquered territory II was only tenn
porsry occupied by troops means OF prosecuting tho
war to is ultimate objects. Vera ahnd the City ei Mexico
were occupied the manner, and officers were sp
pointed exercise the powers Of Government while they
were 80 held Il might be oontsnded that Vera Cruz and the
City of Mexico became part Of the United States by virtue
or their military occupation, li'pi7y ~
Insisted the. the military occupation OF Now-Mtco con-
vsrted /, into American territory.
The United States acquitted light 70 the Territory Other
thsn that Of military occupation, untl the ratification Of the
treaty BY which formally ceded to them by the Govern
nsn. Of Mexico The United States. unit; Tbs, period had
incurred Obligation the czens Of tha Territory 20 pre-
tec bem ssains. internal i@gn enemies. the Indians
residing within the Territory made upon its
Inhabitants they had right 70 claim protection fiom the
United States They bound defend themselves IN the
best marner they could II ,hey did successfully, eoast
tu,ed 70 ground Of claim upon the Government
The Indians did make upon The United States nor
upon the troops Of the United States IN the Territory Of New
Mexico The any eris,ed between the In
aiaus and the Mexican Inhabitants Of Newhexco The ser
vices upon which these csms based not therefore
rendered in a in which tie United State, engaged
BesiIes the services rendered VITA the armed
forces OF the United States" The volunteer companies Of
Mezicsn citizens raised r ,heif protec Ion sr the
hose nc1rs.ons OF savsgs in their territory cannot be
REGARDED "a AIMED forces OF tie United States"
The volunteer companies not differed by the Uniied
States The subject the military
orders CT any ocer Of the United States While hey
engaged in SAC services npon which their claims based
In my jud smou. the claims referred to In year letter are
wholly unfounded md shouli be rejected
am Sir very respectfully your o5edien. tervans,
CALEB Z. SMITH, Secretary Of tie lalcrior
Hoa. Jos. H. BAEREIT, Comnissionor Of Pensions
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