On Saturday, December 21, 1861, a worker from Red River (aka the Rio Colorado) named George Montoya, enlisted in the New Mexico militia to fight the Confederate Texas invaders.
However, Montoya had a problem. He had a financial obligation to a rico in the Rio Colorado area. His master didn’t want Montoya to leave the area, so he persuaded the County judge to arrest him for enlisting. As a result, Montoya traded his military quarters for the county jail, in spite of the fact that Colonel Edward R. S. Canby, commander of New Mexico’s Union troops, had recently issued an order that required the masters of peóns who’d enlisted to file a writ of habeas corpus and petition the Territorial Court to have their workers returned. An order from a local judge wasn’t enough to recover their loss.
It’s not clear what happened in this particular case. However, records for the First New Mexico infantry show that two years later, on November 29, 1863, a twenty-five-year-old man named George Montoya was enrolled at Taos as a private. Montoya served as part of a wagon train escort to Tucson, Arizona in 1864 and 1865 and was still in the military in December 1865. It seems likely that this is the same person who was imprisoned for volunteering in 1861.
One can only hope that if he returned to the Taos area, Montoya’s military service gave him the means to address any outstanding financial obligations and enabled him to get on with his life without the specter of jail hanging over him.
Source: Jerry D. Thompson, A Civil War History of the New Mexico Volunteers and Militia, UNM Press: Albuquerque, 2015.