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cution of his sentence suspended, and made known the decided wishes of the President that his punishment should be remitted.

Firmness may, under some circumstances, be required as an element of security to the citizens of the United States and other persons in countries conquered by our arms. When such is the case, it should be unshrinkingly exercised; but where a merciful course can be safely indulged, it is strongly commended, as promising, in the end, the best results. Such a course is prompted by the better feelings of our nature, and, on the ordinary principles of human action, cannot fail to promote quiet, security, and conciliation. I would, therefore, suggest that this course be adopted in all the other cases not finally disposed of, so far as considerations of safety will allow.

You will, I trust, excuse an allusion to another subject not officially before me: I mean the state of discipline among our troops at Santa Fe. Though I am very far from giving credence to the newspaper accounts in relation to it, they ought not to pass entirely unnoticed, and may be permitted to prompt a caution on that point.

As commanding officer, you cannot err, in an isolated situation like yours, in enforcing the most rigid rules of discipline.. The welfare of the men composing your command, as well as its safety and the interest of your country, committed to your custody, require that the most careful attention should be given to this important matter. Though all should be quiet around you, and danger seem to be afar off, you should not, on that account, relax your vigilance or the rigid observance of discipline required in a state of war, with an enemy in the neighborhood. Very respectfully, your obedient servant,

Colonel STERLING PRICE,

Commanding U. S. forces,

Santa Fe, New Mexico.

W. L. MARCY,

Secretary of War.

WAR DEPARTMENT, Washington, October 13, 1847.

SIR: In instructions dated 10th May last, sent to General Kearny, then in California, it was stated that vessels engaged in the trade with California, which left home in the United States before the commercial regulations of April last issued, would be required to pay duties at each port on only so much of their respective cargoes as might be landed at such port. It has been determined that this permission should extend to vessels, American or foreign, without regard to the time when they sailed. You will, therefore, direct those who are employed by the authority of the commanding officer of the land forces in California, to conform to the above modification.

I herewith send you an extract of a letter from the Secretary of the Treasury to the United States collector at Boston, directing the manner of executing the regulation in regard to this subject.

1 am, with great respect, your obedient servant,

Colonel R. B. MASON,

Commanding U. S. Army in California.

W. L. MARCY,

Secretary of War.

WAR DEPARTMENT, October 27, 1947. SIR: You will receive herewith a copy of a letter from the Secretary of State to this department, dated July 23, with a copy of the papers therein referred to; also, a copy of the correspondence between this department and Lieutenant Colonel Frémont, on the subject of the complaints set forth in the letter of the French minister. They are sent to you in order that an investigation may be made into the transactions referred to. You will, therefore, institute a board, to consist of one or more officers, not exceeding three, to examine into the facts, and report the same to this department at the earliest practicable day. Very respectfully, your obedient servant,

Colonel R. B. MASON,

W. L. MARCY,

Commanding U. S. Army in California,

Secretary of War.

Monterey, California.

Memorandum to Colonel R. B. Mason, California.

Sent him six copies of pages 19 and 20, addition to regulations relative to contributions, and twenty copies of page 21 of the same, relating more particularly to California.

WAR DEPARTMENT, October 28, 1847.

WAR DEPARTMENT,
December 24, 1847.

SIR: I have just learned that a messenger will leave here this afternoon, via New York, for California, with despatches from the Navy Department. I avail myself of the occasion to send you a copy of the President's message, and the report of this department. Should the messenger be detained in New York for å day or two, which it is hoped he may be, there will be time to send you a further communication. Very respectfully, your obedient servant,

W. L. MARCY,

Colonel R. B. MASON,

Commanding U. S. troops in California.

Secretary of War.

WAR DEPARTMENT, Washington, March 15, 1848.

SIR: This despatch is committed to Major General Butler, commanderin-chief of our armies in Mexico, and will be transmitted to you in case the pending negotiations for peace are successfully concluded.

By the treaty now pending, Upper California is ceded to the United States. The limits between the United States and the republic of Mexi

to will be communicated to you by General Butler, with the despatch. You will, therefore, immediately on receiving this communication, and a notification from, Major General Butler that peace is definitively settled between the two nations, withdraw your troops to that part of the country which falls within the limits of the United States as defined by the treaty, and take proper measures with a view to its permanent occupation. Very respectfully, your obedient servant,

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SIR: I transmit herewith extracts of two communications, dated 19th of October and 18th of December last, addressed by Colonel Thomas Fitzpatrick, Indian agent for the country on and between the Upper Arkansas and the Upper Platte rivers, to the Commissioner of Indian Affairs, in this city. These communications represent a state of things, both in regard to our Indian relations and the nature and effect of the military operations in that quarter, which it is hoped will not prove to be correct; but, if even partially true, will require serious consideration, and prompt and energetic action. It is expected that you will at once take such measures, if you have not already done so, as will secure the peace and quiet of the country, and promote friendly relations with the Indian tribes referred to in these extracts. The attack upon a party of Pawnees at Fort Mann, which seems to have been entirely unprovoked and ruthless, has, it is presumed, been fully investigated by you; if not, you will lose no time in making a complete examination into all the circumstances relating thereto, and, if found to be as represented by Colonel Fitzpatrick, you will take the necessary steps to bring the offenders to justice, and make such disposition of your forces as will be likely to prevent a similar Occurrence in future.

The Adjutant General has referred to this department your letter of the 31st of January, transmitting the memorial of Antonio José Martinez and others, citizens of New Mexico, on the subject of annexation. The course which you propose to pursue in furtherance of "this unsolicited expression of respect and attachment to our government," is highly ap. proved.

A treaty of peace between the two republics, recently negotiated in Mexico, and subsequently ratified, with certain amendments, by the Sen. ate of the United States, has been returned to Mexico, by a commissioner with full diplomatic powers to procure its ratification as amended. By the terms of the treaty, the whole of New Mexico is ceded to the United States. It becomes the more important, therefore, that the unison of feeling and interchange of reciprocal relations between the two countries, referred to by you, should be encouraged and promoted. On the final

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ratification of the treaty, you will receive further instructions from this department in relation to your duties.

In the mean time your arrangements will be such as will be most likely to facilitate the changes contemplated by the treaty, and at the same time be prepared for any contingency which may arise.

Very respectfully, your obedient servant,

W. L. MARCY,

Brigadier General STERLING PRICE,
Commanding U. S. troops, Santa Fe, Mexico.

Secretary of War.

WAR DEPARTMENT, Washington, May 22, 1848.

SIR: Your despatch of the 31st of March last, detailing your operations in Chihuahua, and particularly the engagement at Santa Cruz de Rosales and the capture of that place, transmitted by Mr. Collins, has been received. I am instructed by the President to communicate to you his high appreciation of the gallant services of yourself and the troops under your command.

From an intimation received from Major General Butler, now in chief command in Mexico, it is probable that you have received orders from him not only to release all the prisoners from their parole who were taken by you after the armistice was entered into, but to give up all the captured property, and it may be to fall back to the position you occupied when a suspension of hostilities was agreed on at Mexico. If such an order has been, or should be received, you will of course carry it into effect.

I have felt considerable embarrassment in regard to instructing you as to your future course. This embarrassment arises partly from the great uncertainty as to what will be our future relations with Mexico, and partly from the unexpected position in which you now are.

It was not expected that the force under your command would be employed for any other purpose than to hold New Mexico, to secure the people of it from Indian depredations and incursions, and to prepare them for. a cheerful acquiescence in the transfer of the sovereignty of that province to the United States. Though the manner in which this was to be done, and the distribution of your forces for the purpose, were left at your discretion, it was not anticipated that so distant an expedition as that to Chihuahua would be undertaken; consequently, no preparations were made for holding permanently either the State or its capital. The government has not now, nor can it have in any event, for several months to come, the means of increasing the force now with you, except perhaps sending to you a few recruits.

Such a measure will essentially interfere with another, deemed more important than the possession of Chihuahua. The forces in the Californias are inadequate to hold and carry on operations in that, region. Believing that affairs would be so far settled in New Mexico, that early in the spring you could safely spare five or six hundred of your troops, orders were issued to you from the Adjutant General's office, on the 20th of January last, to send that number to the Californias, by the route taken by General Kearny and Colonel Cooke. I herewith send you a copy

of that order, and direct that, if steps have not been taken to carry it out, you will lose no time in doing so, unless that you are advised that the treaty of peace is ratified, or have satisfactory assurances that it soon will be. In that event all the volunteers with you, and a part of the regular troops, will be entitled to a discharge, and the remainder will not be sufficient to hold New Mexico, which, by the terms of the treaty, will be transferred to the United States.

On the supposition that the war will be continued, it is not believed that you are, or can soon be, placed in a condition to hold possession of the State of Chihuahua, or maintain a post at the capital of it, after you shall have sent the required detachment to the Californias, unless a part of the force under General Wool were directed to join or co-operate with that under your immediate command. Such a disposition of any part of his troops would materially interfere with the plan of a campaign which has been suggested by General Butler, and may be adopted by the government. It will probably be deemed expedient for the column under General Wool to advance on San Luis de Potosi, with a view of holding that place, and opening a line of communication between it and the seacoast at Tampico. Had the government a sufficient force to send in that direction, it would readily embrace in its plan of operations the occupation of the States of Durango and Zacatecas.

Congress has as yet done nothing to enable the government to augment the forces at any point, and I do not expect it will do so as long as the negotiations for peace are pending. Should authority to raise additional troops be at once granted, no considerable amount could be organized and sent to Mexico until late in the autumn. Under this view of the case I do not think you are or can be placed in a condition to hold military possession of Chihuahua, but will be obliged to fall back on New Mexico, or El Paso, or some point well situated to protect New Mexico. In that event you will give your particular attention to that province. It will undoubtedly be ceded to the United States at the conclusion of a peace, and it is important that the inhabitants should be prepared for the change; that wholesome regulations in relation to the civil government should be established, that the rights of person and property should be secured to the people, and that the Indian population should be made to know and feel that there is a power to punish their transgressions and protect the people of New Mexico against their depredations. These objects are eminently entitled to your consideration. Great pains should be taken to prevent all irregular or disorderly conduct in our troops. In this way the inhabitants will soon become sensible that they will lose nothing and gain much by the change likely to be made.

With the messenger who will bear this to you, instructions will be given to General Wool which may have relation to your command. You will, of course, conform to any directions you may receive from him.

Very respectfully, your obedient servant,

Brigadier General S. PRICE,

United States Army, Chihuahua.

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W. L. MARCY,

Secretary of War.

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