governments for Territories, shall provide a government for them. The consent of the people is irresistibly inferred from the fact, that no civilized. community could possibly desire to abrogate an existing government where the alternative presented would be to place them in a state of anarchy beyond the protection of all law, and reduce them to the unhappy necessity of submitting to the dominion of the strongest. But the gov ernment de facto can of course exercise no powers inconsistent with the provisions of the constitution of the United States, which is the supreme law for all the States and Territories of our Union. For this reason no import duties can be levied in California on articles the growth, produce, or manufacture of any State or Territory of the United States; and no such duties can be imposed in any part of the Union on the productions of California, nor can duties be charged on such foreign productions as have already paid duties in any port of the United States. The views of your government on this point are fully presented in a circular from the Secretary of the Treasury to collectors and officers of the customs, dated the 7th instant, a copy of which is herewith sent to you. This you are also requested to make known to the people of California. Congress will be in session within sixty days, and their attention will be at once directed by the President to the subject of providing an adequate civil government for this Territory; and it is reasonable to expect that such provision will be made before this communication can be received by you. In the mean time it will be the duty of the commander of our military force to recognise the present government de facto, to respect the officers of it, and to lend the aid of the military power to protect the rights of persons and property of the inhabitants of the Territory. Though he has not the right to change or modify the existing civil government, it will be his duty to regard it as an existing government until it is changed by competent authority. He is directed to quiet any uneasiness which may arise in the minds of the people on account of their present anomalous state, by assurances that the Executive of the United States will do what appertains to him to remedy any inconveniences which they may now experience, to secure their rights, and to extend to them in the amplest manner all the benefits of our political institutions. No doubt that upon such assurances they will remain quiet under the existing state of things, until the proper authority shall have time to interpose and provide them with a new civil organization, securing to them the advantages of a liberal territorial government, with such encouragements as will facilitate the settlement and promote the prosperity of California. Great difficulty and embarrassment have been here experienced in regard to the expenses and the payment of the battalion which was organized in California. No muster-rolls have been transmitted to Washington; and without them, and without an account of payments made in California, it is impossible to settle the claims presented to the department by the officers and men who served in that corps. It is represented that there are muster-rolls in California. You are desired to cause them to be transmitted as expeditiously as practicable to the Adjutant General here, with such other information as you may be able to obtain in relation to payments and expenses on account of this battalion. Very respectfully, your obedient servant, W. L. MARCY, Colonel R. B. MASON, Secretary of War. Commanding United States forces in California. WAR DEPARTMENT, Washington, October 9, 1848. SIR: You are selected as a bearer of despatches from this department to the commanding officer of the United States military force in California. You will proceed with all reasonable expedition to Mazatlan, and if safe means of forwarding them presents itself, you will avail yourself of it. Should you find no such opportunity, you will deliver the orders from the Navy Department addressed to "the commanding officer of any United States vessel at Mazatlan," together with all the despatches with which you are intrusted for the commanding and other military officers in California. Should there be no United States vessel there at the time of your arrival, you will deliver to the commander of the first which shall arrive the order and the other despatches, for the purpose of having them expe dited to California. You are desired to give the earliest notice to this department of your arrival at Mazatlan, and of the arrangement you may have made for forwarding the despatches, &c. Very respectfully, your obedient servant, JOHN PARROTT, Esq., Secretary of War. WASHINGTON, October 10, 1848. SIR: You will receive with this a copy of an order which has been issued by direction of the President, forming into a third military geographical division the territories of the United States lying beyond the Rocky mountains and along the Pacific. This only modifies, but does not supersede, the provisions of order No. 49. The condition of things in those distant territories, it was apprehended, might require a junction and co-operation of the troops in the two departments, No. 10 and No. 11; but without the modification of the general order No. 49, such injunction and co-operation could not be effected without orders from Washington; and the length of time which it would require to communicate with general headquarters and receive instructions therefrom, might, and probably would, prove on a critical emergency highly detrimental to the public service. It is not proposed, at present at least, to make any further change than to give to the senior in rank of the officers commanding the departments the right to supervise and exercise general command in the division. The President has determined to assign you to command according to your brevet rank-the assignment to take effect when you relieve Colonel Mason. The order for this purpose will be sent to you with the instructions with which you will be furnished. Whether your command in California will be such as will entitle you, under the existing laws, to the pay of a brigadier general, is yet under consideration. I shall be able, I trust, to furnish you with the views of the department on this point before your departure from the United States. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Brev. Brig. Gen. BENNET RILEY, New York. WAR DEPARTMENT, Washington, October 12, 1848. SIR: Commodore Jones is directed to take a supply of arms and ammunition from California to Oregon. You will deliver to him such quantity as he may require in the present emergency for that Territory. Very respectfully, your obedient servant, W. L. MARCY, Colonel R. B. MASON, Secretary of War. Commanding United States forces in California. WAR DEPARTMENT, Washington, October 12, 1848. SIR: The enclosed despatch to Colonel Mason is left unsealed for your perusal. Duplicates having been sent him by way of Mazatlan and Santa Fe, they will probably be received long before you reach Monterey. You are requested, however, to, present this copy to him, and, after you have relieved him from command, it will be turned over to you, as a matter of course, as instructions for your guidance. Very respectfully, your obedient servant, Brev. Brig. Gen. BENNET RILEY, United States Army. W. L. MARCY, Secretary of War. WAR DEPARTMENT, Washington, October 12, 1848. SIR: Papers have been presented to this department stating that, under the military authority of the United States, duties on articles of merchandise coming from the United States to Santa Fe have been exacted and collected. If such has been the case, it is an erroneous and unauthorized proceeding, and orders will be given to refund the amount thus collected, and to cancel and deliver up all obligations for the payment of them. Texas claims as a part of that State all the territory lying east of the Rio Grande, and the government here has not contested that claim. Whether it is or not a part of Texas, since the peace it is essentially a part of the United States; and it is not only without but against law to collect duties on merchandise or any kind of productions coming inte New Mexico from any part of the United States. In regard to that part of what the Mexicans called New Mexico lying east of the Rio Grande, the civil authority which Texas has established or may establish there is to be respected, and in no manner whatever interfered with by the military force in that department otherwise than to lend aid on proper occasions in sustaining it. In the other parts of New Mexico, whatever civil government is found to exist is to be regarded as a government de facto, and also to be respected. It was expected that Congress would have provided for a territorial government there at its last session, but it did not. Its attention at the approaching session will be directed to the subject, and a proper civil government provided. Until that is done, things must remain as they are. It will be the duty of the military authority there to defend the Territory from invasion; to repress and repel Indian incursions, and preserve internal tranquillity. The important duty of the military force will be to protect the inhabitants of the Territory of New Mexico in the full enjoyment of life, liberty, and property. The views of the Executive in relation to the civil authority and the collection of revenue you will understand from a copy of a letter from the State Department, written with particular reference to the people of Cali. fornia, and from the copy of a circular addressed to collectors and officers of the customs by the Secretary of the Treasury; both of which are herewith transmitted to you. Very respectfully, your obedient servant, To the COMMAnding Officer W. L. MARCY, Secretary of War. of the United States forces at Santa Fe. WAR DEPARTMENT, Washington, October 12, 1848. SIR: Understanding that duties have been assessed on goods, wares, and merchandise brought into Santa Fe or New Mexico from Missouri or other parts of the United States since the 30th of May last-the day on which peace was concluded and ratified between the United States and Mexico-you are hereby authorized and directed to refund to the persons who have paid such duties all sums so collected; and in case bonds or other securities have been given for the payment of such duties, you are also authorized and directed to cancel and deliver up the same to the person or parties who executed them. Very respectfully, your obedient servant, W. L. MARCY, To the CомMANDING OFFICER of the United States military forces at Santa Fe, in New Mexico. WAR DEPARTMENT, Washington, October 12, 1848. SIR: You will with this letter receive additional despatches, directed to Commodore Jones, who is in command of the United States squadron in the Pacific. They direct him to send ships, arms, ammunition, and provisions to Oregon, which, it is apprehended, may be in a critical condition on account of Indian disturbances. It is therefore of the greatest importance that the naval commander should receive them at the earliest practicable period. You will, therefore, use all the means in your power to have them expeditiously conveyed to him. If you can forward by the vessel or vessels which will be sent from the squadron to Oregon, or by any other safe means, $10,000, to be paid over to Governor Lane, you are desired to do it, and this department will repay you in the same manner as the Navy Department has agreed to do in cases where you advance funds to it. Very respectfully, your obedient servant, JOHN PARROTT, Esq., W. L. MARCY, Secretary of War. Navy Agent, &c. WAR DEPARTMENT, Washington, October 13, 1848. SIR: It is presumed that the volunteers at Santa Fe and in other parts of New Mexico will have left for their homes in the United States before this will be received by you. The late return of the regular troops from Mexico rendered it impossible to send to that Territory this autumn the force destined to be stationed in it. They will be sent out as early in the spring as practicable, but cannot probably leave the United States until the beginning of May. You will make the best disposition of the small force under your command to hold the Territory, restrain the Indians, and preserve tranquillity, until other troops shall arrive. They will not reach Santa Fe probably until some time in June. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. WAR DEPARTMENT, Washington, October 13, 1848. SIR: In compliance with your request of the 10th instant, I have the honor to forward you the following books for the use of the commander of the land forces in California, viz: Kent's Commentaries, 4 volumes. Blackstone's Commentaries, 2 volumes. |
