that he is entitled to. The regulation on that subject never was intended to apply to a commissioned officer-only to enlisted soldiers, sailors, or citizens, who give to the revenue officers such information as enables him to seize and confiscate the goods, &c. It is true the regulations make no exception of the commissioned officer, nor does the regulation that offers thirty dollars reward for the apprehension of the deserter except the commissioned officers; but whoever heard of one claiming it? and if it was claimed, what disbursing officer would pay it? and if he did pay it, would it not, very properly, be charged to his account at the treasury? I am, respectfully, your obedient servant, Captain J. L. FOLSOM, Colonel 1st Dragoons, Governor of California. Assistant Quartermaster, U. S. A., San Francisco. P. S.-A negative answer is given to your question, "Is it necessary to go before the alcalde to complete the forfeiture of the goods?" HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 28, 1847. SIR: The points presented in your letter of the 22d instant, relative to additional duties at the different ports in California, and duties on lumber, have been anticipated in the instructions sent to you to be printed. I will give a special license to vessels under a foreign flag, that are owned by citizens of the United States now residing in California, as also to citizens of California who actually reside in the country and own vessels under such flag, to trade on this coast, until the subject can be referred to the authorities at Washington and a decision had thereon. The growth, produce, or manufactures of California, shipped from one 'port in California to another port in California, will be free of duty. If it is not too late, have this printed with the other instructions. I am, respectfully, your obedient servant, Captain J. L. FOLSOM, R. B. MASON, Colonel 1st Dragoons, Governor of California. Assistant Quartermaster U. S. A., San Francisco. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 28, 1847. SIR: I cannot give the alcalde at the pueblo de San José instructions to retry the case you mention, as it has already been tried and decided by his predecessor in office. Were I to do so, there would be no end to suits. Every one who was cast in a trial would be for having his case tried over again, whenever a new alcalde came into office. I am, respectfully, your obedient servant, R. B. MASON, nia. J. J. VIRJET, San Francisco. Know all men by these presents, that I, Richard B. Mason, colonel 1st dragoons and governor of California, by virtue of authority in me vested, do hereby appoint Andrew Hoeppener second alcalde for and in the town and district of Sonoma, in Upper California. Done at Monterey, the capital of California, this 28th day of October, 1847, and the 72d of the independence of the United States. R. B. MASON, Colonel 1st Dragoons, Governor of California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 29, 1847. SIR: Your communication of the 18th instant has been duly received. I will appoint any one alcalde at San Luis Obispo that the good people of that district will sign a petition for. I am, respectfully, your obedient servant, J. MARIANO BONILLA, R. B. MASON, Colonel 1st Dragoons, Governor of California. Alcalde, San Luis Obispo. HEADQUARTERS TENTH MILITARY DEPARTMENT, Sir: I received your communication of the 5th instant, and the depositions in the case of the Indian, Anastacio Ruiz, charged with killing another Indian named Guadalupe. You will send the prisoner back to Don P. E. Duarte, at San Vicente, with the enclosed communication to his address, which is left open for your perusal. Seal it and send it to him when you send the prisoner. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Lieutenant ROBT. CLIFF, Alcalde, San Diego. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your communication of the 17th of August of the present year to the first magistrate of the first instance at San Diego, and all the depositions in the case of the Indian, Anastacio Ruiz, charged with the murder of another Indian named Guadalupe, have been sent to me for my decision. It does not appear from these papers that Anastacio Ruiz has been subjected to any legal trial, where his guilt or innocence could be passed upon, but simply depositions taken, and nothing more; nor does it appear that the accused was present at the taking of said depositions, or had any opportunity of interrogating the deponents, or allowed to call any witnesses whereby to exculpate himself. A man charged with any crime is entitled to all these privileges before he can be found guilty and punished. I shall direct the prisoner to be returned to you: you will then cause twelve good men to be summoned for his trial, the prisoner to be allowed to object to any four of them without assigning any cause, if he thinks proper to do so. He may then object to any other of those remaining, by assigning good and sufficient cause why they should not sit on his trial. Any of the men who may thus be objected off, their places must be sup plied by others, until there are twelve impartial men obtained, who, after being duly sworn, will hear all the testimony both for and against the prisoner, the prisoner to be present, and to be allowed the benefit of the counsel and advice of any one he chooses, and to hear all that is said both for and against him, and to interrogate the witnesses, so as to bring out the whole truth. The alcalde to preside at the trial. If the twelve men unanimously find the prisoner guilty of the murder of Guadalupe with malice aforethought, then he should feel the full penalty of the law, which is death; but if he killed him in a sudden affray, in the heat of passion, upon great provocation, then he is not subject to the punishment of death, but to imprisonment and labor on the public works for a term not exceeding seven years, according to the nature and degree of the offence. If he killed Guadalupe in self-defence, or in the defence of any member of his family, then he should be found "not guilty," and acquitted. I am, respectfully, your obedient servant, R. B. MASON, Don E. P. DUARTE, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 1, 1847. SIR: In examining your returns of customs, &c., collected at the port of Santa Barbara, for the second quarter ending June 30, 1847, I find a discrepancy in the amount that you return as having received for anchorage dues, visits, and clearances. It appears from these returns, that the Peruvian barque Joven Guypuzcoana, which registers 201 tons, cleared twice: her tonnage dues, at five cents per ton, would therefore amount to $20 10. The Danish brig Matilda, of 130 tons, at the same charge, should have paid $6 50; and the Hawaiian schooner Mary Ann, of 57 tons, $2 85; making in the ag gregate $29 45, which should have been properly charged for tonnage dues. Instead of this, your return of the total amount received for the same item is $12 90, a deficiency of $16 55. Again, you return the total amount of fees received for visits and clearances at $10. It appears from the same returns that there were four clearances and three visits, which would have made the proper charge for this $14; another deficiency of $4. By these calculations, you should have collected $43 45; whereas you have charged yourself with but $22 90 as the total amount received for the above stated items. The deficiency, $20 55, you will please turn over to Captain Lippett, the commanding officer at Santa Barbara. I am, respectfully, your obedient servant, Don PEDRO CARRILLO, R. B. MASON, Colonel 1st Dragoons, Governor of California. Santa Barbara, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 3, 1847. SIR: Your letter of the 9th September was not received until the 28th of October.. You inform me that the Sandwich island brig "Keone Ana" had paid all her duties, amounting to $1,676 51, by giving bonds payable in 60, 80, and 120 days. I regret that you had not received instructions in time to have prevented your taking bonds for the payment of duties. The instructions sent to your predecessor in office, Don Santiago Arguillo, by General Kearny, and dated April 26, 1847, should have been turned over to you by that officer. I am informed by Don José Domingo Yudant, that he paid you on account of those bonds $973 25 on the 31st August, as per your receipt, (copy enclosed,) and that he left funds in the hands of a Mr. Cot, in Los Angeles, to pay the balance due on the bonds, without waiting for them to become due, and that it is certain the money has been paid over to you before this time. In your return for the third quarter of the present year, you do not charge yourself with having received any part of the money due on the bonds. The $973 25 received on the 31st August, as per your receipt, you will be pleased to turn over to Lieutenant Cliff, as also the balance if received from Mr. Cot. I shall send Lieutenant Cliff, by this mail, instructions as to the disposition he is to make of the funds he received from you. I am; respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoms, Governor of California. Don Miguel DE Pedrorena, San Diego, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 3, 1847. SIR: The Sandwich island brig "Keone Ana," that was recently at Santa Barbara, was charged one hundred and four dollars and some cents duties. This amount must be refunded, as she paid all the duties on her cargo at San Diego, which should not have been done; but as it was done, it necessarily exempts her from paying her duties over again. Don Pedro received the duties, and I presume has paid them over to you. You will therefore pay over to the captain of the "Keone Ana," or his order, the amount received from the brig on account of "duties"-not the tonnage duties. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Captain F. J. LIPPETT, 7th Regiment New York Volunteers, Santa Barbara, California. P. S.-The growth, produce, or manufactures of California, shipped from one port in California to another port in California, will be free of duty. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 3, 1847. SIR: All funds derived from the collection of customs at San Diego you will turn over to Lieutenant Davidson, acting assistant quartermaster at Los Angeles, by the first safe opportunity after receiving them. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Lieutenant ROBERT CLIFF, Mormon company, San Diego, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 3, 1847. SIR: In addition to the printed instructions for collecting the revenue at San Diego, sent to you with my circular of the 14th of October, you will be governed by the following, viz: The growth, produce, or manufactures of California, shipped from one port in California to another port in California, will be free of duty. I am, respectfully, your obedient servant, Colonel 1st Dragoons, Governor of California. Captain D. C. DAVIS, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: In addition to the printed instructions for collecting the revenue sent to you with my circular of the 14th October, you will please be gov erned by the following, viz: The growth, produce, or manufactures of California, shipped from one port in California to another port in Califor nia, will be free of duty. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Colonel J. D. STEVENSON, 7th Regiment New York Volunteers, Commanding Southern District, California. |