It has been the experience of the office that perhaps 16 per cent. of those who may be entitled to a pension fail to apply, or, having applied, fail to become pensioners for one reason or another. No deductions have been made on this account. It is true, I believe, that in the two years following the Mexican war the number of desertions from the Regular Army was unusually large, especially among those troops in the far West and on the Pacific, induced largely by the gold discovery in California.

These desertions would come largely from those who served in Mexico, probably, and would, it is supposed, exclude them from the benefits of a pension. No deductions have been made on account of these desertions.

During the late rebellion the average age of these soldiers would have been from 40 to 45, and many doubtless served in both armies, subject to the casualties of service, some by deaths and others who would become pensioners for disability, lessening the numbers who would come in now for a service pension.

I have no data on which to form any estimate of these numbers, so have made no deduction on their account.

INDIAN WARS.

The following are the Indian wars prior to 1846, the years in which the same were fought, the force employed, and the present average age of the survivors:

Seminole war in 1818: force employed, 5,911; and the present average age of the survivors is 90 years.

Black Hawk war in 1832: force employed, 5,031; and the present average age of the survivors is 76 years.

Creek war in 1837: force employed, 13,418; and the present average age of the survivors is 71 years.

The Cherokee war in 1837: force employed, 3,926; and the present aver age age of the survivors is 71 years.

The Florida war in 1839: force employed, 41,122; and the present average age of the survivors is 69 years.

The New York frontier disturbance in 1839: force employed, 1,128; and the present average age of the survivors is 69 years.

In the Cherokee war and the New York frontier disturbance it is believed no casualties occurred, and assuming that 15 per cent. of the

force employed in the other Indian wars were killed, deserted, wounded, and afterwards became pensioners and would not become pensioners on account of service, there would have remained, in the aggregate, at the close of each war, 60,503 as a basis for calculation.

Assuming that the present average age of the survivors is 73 years, the following table will show the number for each succeeding age, and the cost for each:

The process used in the ascertainment of the number of surviving widows is the same as used in the two former tables.

The average age of the soldier is estimated as 26 years, it being the same as officially given of the soldiers who served in the war of 1861-'65. I am persuaded, however, that the character of the Indian wars were such that it called into service more generally the more advanced ages, especially where the term of service was short, and the enlistments were in the vicinity of the Indian disturbance.

Very respectfully,

Hon. SAMUEL J. KIRKWOOD,

Secretary of the Interior.

H. Ex. 137—2

A communication from the Secretary of the Interior in relation to the meet. ing of the Territorial legislature of New Mexico.

MARCH 27, 1882.-Referred to the Committee on the Territories and ordered to be printed.

To the Senate and House of Representatives:

I transmit herewith a copy of a law passed at the recent session of the legislature of the Territory of New Mexico, for the action of Congress under section 1850 of the Revised Statutes.

EXECUTIVE MANSION,
March 23, 1882.

CHESTER A. ARTHUR.

DEPARTMENT OF THE INTERIOR,
Washington, March 22, 1882.

SIR: I have the honor to inclose herewith a letter from the governor of the Territory of New Mexico, in which he incloses a copy of a law providing for a meeting of the Territorial legislature on the first Monday of January, 1883, and requests that the same be submitted to Con

gress for its action under section 1850 of the Revised Statutes.

Very respectfully,

The PRESIDENT.

S. J. KIRKWOOD,

Secretary.

EXECUTIVE OFFICE,

TERRITORY OF NEW MEXICO,
Santa Fé, March 15, 1882.

SIR: Herewith I inclose a copy of an act passed by the legislature recently in session here. It will be observed that it provides for the holding of future sessions on the first Monday of the odd years instead of the even years as the law has been heretofore. The act provides for a session on the first Monday of January next, which may be considered in violation of the organic act which allows biennial sessions only. Under the law as previously existing, legislators were chosen fourteen months be

fore the legislature convened. The reason for the change made by the act alluded to is that the sessions may be held immediately after the election, that the latest possible expression of the people may be had. The plan of choosing members of the legis lature in November of the odd year was considered and rejected, as it would involve the necessity of an election every year, as the United States law requires Delegates to be chosen in the even year. Frequent elections are not desirable in New Mexico.

I suppose the act of the legislature referred to must have the sanction of Congress to be valid, especially so far as the session next January is concerned. If Congress should be disinclined to do this, I respectfully suggest that the act be approved to take effect on and after the session provided for 1885.

Very respectfully, your obedient servant,

Hon. S. J. KIRKWOOD,

Secretary of the Interior, Washington, D. C.

LIONEL A. SHELDON,
Governor of New Mexico.

P. S.-Action should be taken by Congress during the present session, or we shall suffer from uncertainty and confusion.

[Certified copy.]

AN ACT providing for the time for the commencement of the sessions of the legislative assembly of the Territory of New Mexico.

Be it enacted by the legislative assembly of the Territory of New Mexico: SEC. 1. The sessions of the legislative assembly of the Territory of New Mexico, instead of as now provided by law, shall commence on the first Monday of January, A. D. one thousand eight hundred and eighty-three, and continue the same number of days as now provided by the laws of Congress of the United States.

SEC. 2. That the sessions of the legislative assembly of the Territory of New Mex ico subsequent to that which should convene on the first Monday of January, A. D. one thousand eight hundred and eighty-three, shall in future assemble on the first Monday of January of each two years respectively thereafter.

SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and remain in force from and after its passage.

Approved, February 25, 1882.

I certify that the foregoing is a correct translation of the enrolled original.

SECRETARY'S OFFICE,

SAMUEL ELLISON,

Translator.

Territory of New Mexico, 88:

I, W. G. Ritch, secretary of the Territory of New Mexico, do hereby certify that I have compared the foregoing transcript of the original translation of "An act providing for the time for the commencement of the sessions of the legislative assembly of the Territory of New Mexico," approved and filed February 25, 1882, with the original translation, and that the same is a true and correct copy thereof.

In witness whereof I have hereunto set my hand and official seal this 13th day of March, A. D. 1882. [SEAL.]

W. G. RITCH,

Secretary N. M.