Year: 1864

Mr. BATES, the honored Attorney 0enefn - WY
United States, auimadverted on the arbitrary ana
illegal proceedings taken by petty military ON
Ger in the Territory of New Mexico against the
Hon. Judge J. G. KNAPP, an Associate Justice OF
the Supreme Court of New Mexico And no
reader could have failed to remark the grave
words with which the highest law officer of the
Government accom- panied his reflections on this
narticular case when he wrote generally as FOL
lows +:


There seems to be general and growing opposition
of the military wherever stationed to engross all power
and to treat the civil Government with contumsy as
the object were to bring it into contempt


delivered my opinion very plainly to the Presl-
dent and have to hope that he in the MAN, con-
ours with me in believing that those arbitrary proceedings
ought to be suppressed"


Itmay be necessary for US to inform our read
ers that Judge KNAPP is Republican in his poll
tics. and that, having received his judicial Office at
the kands Of the present Administration, he took
and subscribed before entering on its functions the
oath of Office and to support the Constitution; the
oath Of allegiance prescribed by the act of Con-
yress to persons in the civil service of the Govern
meut of the United States, passed August 8, 1861;
and also the oath of allegiance prescribed by the
act of July 2, 1862; all of which, as we learn from
his own statements, are on file in the proper De-
partment of the Government in this city.


Yet, Notwithstanding the commission which he
bore and the character in which he appeared in
New Mexico, he was subjected by subatern mi
litary officer in that Territory series of indig-
mites which, being wholly unnecessary and gratui-
tous, seem to have been contrved, as the Attorney
General we'll says, for no other purpose than to
"treat the civil government with contumey, as If
the object were to bring it into contempt


For non compliance with an arbitrary military
order, during the sessions of the Supreme Court at
Santa Fe, this United States Judge for the Terri
tory was thrown into the guard-house like re-
fractory or delinquent common soldier. and held
there at the pleasure of the officer in military com
mand, Capt. Bennett by name. And, after the
adjournment Of the court at Santa Fe, he found II
necessary TO submit so far to military dictaton al
to repeat the oath of allegiance before the Secre
tary of the Territory, 3 person authorized by ac
of Congress to administer oathg, in order to leav
Santa Fe to return to his district and home in Nor
county Still later he again required to sub
NIT to military orders the condition of being
allowed to perform duties imposed upon him by act
of Congress in this Territory.


Under these circumstances the Judge very pro
perly determined that if he could not perform an.
of his official duties except at the beck and call
this petty officer he would not perform them a
all. but throw himself on the protection of tn
Government in Washington.


Tho fallorYiog EXTRACT from his protest will shoN
the spirit in which Judge Knapp rightly con
strues his duty as loyal citizen and officer of tn
United States:


at may be- ard even has been bjected that shoul
submit more readily to this regulation than any other
in the community for the sake of the example That is
question Of policy about which may entertain differ
ent opinions and upon which must be permitted TO en-
tertan nv own The eff ct of example may be for the
evil OF society well for is good; and man may as
completely overthrow good Government by silent com
planoe with uowarranted impostons ms by acts OF hos
tity Had every lover OF the Constitution IN the ebel
States refused TO yield obedience to the scts aud ord
nances of accession it may well be questioned whether
the rebellion would have been powerful as It has proved
TO be Therefore if my example be Of any weight IN ny
opipon owe it to the community that it should be
given as to in accordance with law and the liberty
the people"


Judge Knapp concludes his protest in the fol
lowing vigorous style


If the commander Of the United States forces in New
Mexico may proclaim and continue martialaw and rules
in force this Territory, and compel obedience to them
by the citizens for and half atter the necessity
for the proclamation has ceased be continue IT lnde
fntey aud thus pass the whole Territory under depot
ism once Under the orders they exist, the judges
Of the members Of the Legislature the officers O
the Territory and counties obliged to get Lave OF the


military to travel in the discharge Of their official duties
and private citizens equally hampered IN The ransac
tons Of their private business. parallel cannot be found
the d-spotisms of Europe ln all other countries
the commission patent cf the supreme Government to
its officers ia ali the passport ever required, and any st
tempt stop public minister would be visited with the
most punishment 1t reserved for the military
commanders Of New Mexico to set this example to the
world But cannot and will not submit to it. The pub
tic interests demand my presence in Santa Fe but public
freedom and the liberty II the people in greater degree
require to resist aud oppose all attempts to rample
down that freedom aud liberty As my oath Of office re-
quires to support and defend the Constitution Of the
United States against all enemies, foreign and domestic
and bear faith and allegiance to the same, will
relgousy maintain aud keep that OATH well against
those who would overthrow it while the pay of the
Government in the ranks Of rebellion. The latter
will meet If need be, with arms in hands: the former,
by the means pointed out by the VS. b ,levng that
my position is both right and lawful abide the
suit in full faith and hope


In his reply to the representations made by
Judge Knapp, the Attorney General states that
the President had issued an order TO have CAPTAIN
Bennett called to account for his arbitrary conduct
in this We should like to know what pro-