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exempts him, indeed, from every personal imposition, capitation, or other duty of that nature, and in general from every tax relating to the character of the subject of the state; but as for duties laid on any kind of goods or provisions, the most absolute dependency does not exempt him from the payment of them; even sovereigns themselves are subject to them."

I am, very respectfully, your obedient servant,

R. B. MASON,
Colonel 1st Dragoons U. S. Army, Governor of California.

Captain WM. RICHARDSON,

Late Collector, San Francisco.

CIRCULAR.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 21, 1847.

You will use every effort in your power to carry into full effect theproclamation of the 29th of November last, prohibiting the sale of spirituous liquors or wine to Indians.

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

To the ALCALDE and INDIAN AGENTS,

California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, December 22, 1847.

SIR: I am in the receipt of your communication of the 20th instant, and its enclosure.

In cases where a jury cannot come to a decision, after being out a reasonable time, the practice is to empannel a new jury to try the case.

I return to you the papers enclosed in your letter of the 20th instant... I am, respectfully, your obedient servant,

JAS. W. WEEKS,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

Alcalde, Pueblo de San José.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, December 22, 1847.

SIR: I have received through Major Hardie, at San Francisco, a petition from the people of your town, to have a military guard stationed at the pueblo. Before making up my mind on the subject, I wish to know whether proper quarters can be obtained for them, and at what cost; also,

at what price beef can be had. I will thank you for any information you can give me on the subject.

I am, respectfully, your obedient servant,

JAS. W. WEEKS,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

Alcalde, Pueblo de San José.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 22, 1847.

SIR: I have the honor to acknowledge the receipt of your letter of the 25th November, enclosing an account of $171, for services rendered in rescuing emigrants from the California mountains. It would give me much pleasure, I assure you, if it were in my power to order the account paid. I hoped before now to have received from our government at Washington full instructions in relation to all outstanding debts and claims against the United States in California, that will enable me to have them settled and paid off, but at present it is entirely out of my power to touch them.

I am, respectfully, your obedient servant,

Mr. M. D. RITCHEY,

R. B. MASON, Colonel 1st Dragoons, Governor of California.

Sonoma, California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, December 23, 1847.

I beg leave to remind your reverence that I have not received the document you hold, which you informed me authorized you to sell the mission lands, and which you were to send me.

Upon examining such laws as are within my reach, I find them so particular in forbidding the sale of mission lands, that I fear you labor under some misapprehension as to the legal powers you possess to sell those

lands.

I hope to be favored by the return of mail with the document you promised to furnish me.

I am, reverend father, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

To the Rev. Father Jose M. REAL.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, December 24, 1847.

SIR: Your letter of the 17th instant is before me. The first part

it is already answered by previous instructions.

of

For your information and guidance, as well as that of Captain Lippett, I enclose you a copy of a post order (No. 54) of November 1st, that Í found necessary to issue here, relating to the officers and soldiers purchasing articles from vessels in the harbor. That the revenue may not be defrauded, soldiers must be restricted in their purchases to a reasonable amount. It is not reasonable to suppose that a private soldier could or would buy for his own individual use $400 worth of comestibles; and the natural inference is, that they were bought for other purposes.

This subject must in future be clearly looked to; and, whilst the soldier is permitted to purchase any imported article for his own individual use and consumption, and not intended for sale or transfer to others, free of duty, the revenue must be guarded by not permitting him to buy in larger quantities than his own personal comfort and wants may seem reasonably to require.

I am, respectfully, your obedient servant,

Lieut. H. S. CARNES,

R. B. MASON,

Col. 1st Dragoons, Governor of California.

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HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 26, 1847.

SIR: I yesterday received your letter of the 21st instant, in relation to the goods seized from the schooner Mary Ann. I did not view your letter of the 28th October as presenting the case for decision, but merely as mentioning the occurrence of the seizure, &c. I do not deem it at all necessary that every seizure should receive confirmation from me before the goods are sold: the regulations are plain, and explicitly point out when the collector is authorized to seize and sell goods. He may with propriety suspend the sale when the owner of the goods protests against the seizure, and wishes himself to refer the matter to higher authority; though, strictly speaking, the regulations do not appear to have looked to higher authority, but to have made the collector the sole judge.

I have no recollection of receiving any letter from Captain Patty on the subject, and cannot find that one has been received.

I am, respectfully, your obedient servant,

Capt. J. L. FOLSOM,

R. B. MASON,

Col. 1st Dragoons, Governor of California.

Asst. Quartermaster, San Francisco.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 26, 1847.

SIR: I enclose you, herewith, Captain Marcy's receipt for $250, it being the amount paid on the invoice of goods brought from San Francisco in the brig Henry, and landed at Santa Cruz, which was exacted from the brig (because there was no evidence that the duties had been previously paid) under a promise to refund, upon satisfactory evidence being produced from you that the duties had been paid.

Your certificate, upon the invoice enclosed to me by Mr. C. L. Ross,

is that evidence; and I request that you will turn the amount of the written receipts over to Mr. Ross, or the person to whom it properly belongs. Take his receipt for the same, and enclose it to me.

I am, respectfully, your obedient servant,

Capt. J. L. FOLSOM,

R. B. MASON,

Col. 1st Dragoons, commanding.

Asst. Quartermaster, San Francisco.

PROCLAMATION.

No citizen of the province of Sonora will be permitted to enter California unless coming upon official business with the United States authorities, and then only under the protection of a flag of truce.

All Sonorenians in Upper California south of Santa Barbara will, within ten days after the publication of this proclamation in the Ciudad des los Angeles, report in person to Colonel Stevenson, United States army, commanding at that post, and make known their business and date of arrival in the country. All who fail to report to Colonel Stevenson, as above directed, will be arrested and treated as enemies and spies.

All Sonorenians in California north of Santa Barbara will, in like manner, report in person to the undersigned at Monterey, before the 15th day of January, 1848, or be subjected to similar penalties.

Done at Monterey, the capital of California, this 27th day of December, 1847, and of the independence of the United States the seventy-second. R. B. MASON,

Col. 1st Dragoons, Governor of California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 28, 1847. SIR: I have to acknowledge the receipt of your communication of the 1st instant.

I have referred the whole subject connected with your cattle contract with Lieutenant Colonel Fremont to the United States government at Washington, by forwarding copies of all the papers that have come into my hands concerning the same, and therefore can take no action upon this subject, in this country, without instructions from Washington. It has not been my intention to cast any censure upon you as the contractor; nor am I aware of having done so, as you seem to suppose in your abovementioned letter of the 1st instant.

I am, respectfully, your obedient servant,

R. B. MASON,

Col. 1st Dragoons, Governor of California.

Mr. EULOJIO DE CELIS, Los Angeles.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 28, 1847.

SIR: I have to acknowledge the receipt of your two communications of the 22d instant, in relation to the goods found on board the brig Henry,. to be landed at Santa Cruz, a place where there was no custom-house; and there being no evidence that the duties had been paid, they were, as a matter of course, demanded here-a promise being given to refund, upon satisfactory evidence being produced that the duties had been paid. That being the milder course, the more rigid one was to have seized the goods, and if they exceeded in value one thousand dollars, to have confiscated the brig. And whether the duties had been paid or not, the goods were subject to seizure, if they had been landed at Santa Cruz without a permit from the collector here; and therefore, before allowing them to be landed, it was necessary to ascertain if the duties had been paid.

In answer to your interrogatories relative to the tonnage duties, it is. proper to make your protests at the port complained of.

I am, respectfully, your obedient servant,

R. B. MASON,

Col. 1st Dragoons, Governor of California.

Mr. C. L. Ross, San Francisco.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 29, 1847.

SIR: I am in the receipt of a letter on the subject of the sale of the brig Primavera, dated Juzgudo de los Angeles, 2d December, from José Salaraz, at present alcalde at Los Angeles, but whose term of office will have expired before this reaches you. I see no grounds on which to change any instructions that I have given in that cause.

I am, respectfully, your obedient servant,

STEPHEN C. FOSTER,

R. B. MASON,

Col. 1st Dragoons, Governor of California.

Alcalde, Ciudad de los Angeles.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 29, 1847. COLONEL: I am in the receipt of your letter of the 19th instant. It. would have been well if you had prohibited the election you speak of.. Foster has been appointed alcalde, as you doubtless are aware of before this, and must be sustained in his position. The election was held with out my authority; and you must, in my name, declare it null and void. I am, respectfully, your obedient servant,

R. B. MASON,

Col. 1st Dragoons, Governor of California.

Col. J. D. STEVENSON,
Commanding Southern Military District, Los Angeles.

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