Mr. SUMNER. It is the report of this year made the report of the ComrIndAff submitted to Congress at the opening of this session. Then there is the report of the special agent, J. K. Graves, which is made to the ComrIndAff, in which he expresses himself as follows: “Upon the subject of peonage I have given considerable thought; and inasmuch as this pernicious system of slavery. still exists to an alarming extent in all parts of the Territory of NewMexico Government should at once adopt vigorous measures tending to its immediate abolition.” “The citizens here, although strictly enjoined to give recompense, for all service, will nevertheless cling tenaciously to Government, their old customs, and unless the in adopting a definite policy relative to this remaining blot upon the otherwise fair scroll of freedom, sends a special, power to the Territory to direct and superintend the practical details of the work of improvement the system will continue for years to come, and be, marked with all its present degrading tendencies.” As sanctioned by territorial law, has obtained by which the whites are encouraged to make volunteer, expeditions or campaigns against, the Indians. Theoretically, those participating in raids are rewarded with the plunder obtained thbeuste should report at the territorial offices all the captives; while practically, in most cases, the captives are either sold at an average of 75 to 400 dollars, or held in possession in practical slavery. This state of things of course keeps up a state of hostility among the Indians. The intervention of Congress is asked to put a stop to this practice.” Again, in another place he says: “This system, either in the ordinary Mexican form, that of a state of continual imprisonment or service for debt, or in that of practical enslavement of captive Indians, ‘is the universally recognized mode of i.; labor and assistance.' No less than 400 Indians are thus held in Santa Fe alone. Their treatment varies with the whims and feelings of their holders. Sometimes they are doubtless better off than when free. The arguments to system sustain them are the same as those formerly used in behalf of slavery. In spite of the stringent, orders of the Government the system continues, and nearly every Federal officer held peons in service. The superintendent of Indian affairs had half a dozen. The practice of Federal officers sustained it.” It is to that that I desire to call particular attention. In the resolution which is now on your table, sir, I specially ask the action of the committee with reference to the employment of the Army of the U.S. in the surrender of fugitive peons. A correspondence is given in the report of the ComrIndAff which illustrates this. Here, for instance, is a letter from N. H. Davis, asst inspector general U.S. Army: LAs CRUCEs, August 22, 1865. The commanding officer of Fort Selden will allow, and assist if necessary, the bearer, Don Pedro Garcia, and retain and take, in Rodriguez, his charge his peon, Antonio if at said post. By command of General Carleton: N. H. DAVIS, Asst InspectorGeneral U.S. Army. To that we have the following reply: HEADQUARTERS Fort SELDEN, NewMexico, August 22, 1865. CoLoREL: Yours of today requiring me to assist in my official capacity in taking or delivering to a citizen a peon is received. I desire to be informed explicitly whether I am to take this as a precedent and to deliver to any person claiming the person of another: This is directly contrary to civil law, The laws of the Territory, according to my recollection, have made it a penal offense to return a man to claiming another him as his own. The POTUS has abolished involuntary servitude the U.S. it is certainly contrary to the established rules and regulations of the Government under which we live. I should like some instructions on this point, if you require me to involuntary return those who have escaped from servitude. It is directly contrary to my opinion of law and justice, and I will only do it positive on and unmistakable orders. I am, colonel, very respectfully your obedient servant, J. H. WHITLOCK, Catepetarsin, CFoimrsmt aVnedtienrga.n Infantry, California Volun Colonel N. H. DAvis, Asst InspectorGeneral, Las Cruces, NewMexico, Then to that we have the reply of this asst inspector general of the U.S., in which he undertakes to lay down the law and the Constitution; and I am sorry to understand that he is a Massachusetts man: INSPEctor GENERAL's DEPT, DEPTof NewMexico, CoNCORDIA, TExAs, September 1, 1865. Your letter of the 22d, ultimo has been received, in swohniicnhg your premises taken are wrong and your rea fallacious., Peonage is voluntary voluntary and not involuntary servitude. The Constitution of the U.S or the proclamation of the President does not prohibit it. The statute law of recognizes this servitude. the land expressly It is an apprenticeship, or an agreement between the master and servant, and pneoot no, nblyutc, an the master arrest and take his servant the civil authorities are commanded to arrest and deliver the peon to his master when deserting him. (See Laws of NewMexico, chapter 12: contracts between master and servant, passed by Legislative Assembly, 1858and 1859.) the