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By reference to the tariff regulations, you will find that the third article has already been so modified as to authorize the coastwise cargo to be free of duties if of the growth, &c. of California, and free of the coastwise duties thereon imposed, with the further modification of permitting vessels under foreign flags, owned in California, to engage in the coast trade. This is going as far as I can go, and perhaps further than I shall be justified in going, in setting aside the instructions of the President, without having first referred the subject to the department, as I shall do in the case you present.

I am, respectfully, your obedient servant,

Colonel J. D. STEVENSON,

R. B. MASON, Colonel 1st Dragoons, commanding.

Commanding S. M. District, Los Angeles. ▾

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, February 28, 1848.
You made no return

SIR: Your letter of the 19th instant is received. at the end of the fourth quarter of the last year, showing the disposition of the $303 36 reported on hand at the end of the third quarter, nor of the revenue collected and turned over to Lieutenant Carnes during the fourth quarter of 1847, (see last paragraph of article 7, and of second paragraph of article 14, of the printed tariff regulations from Washington) These regulations make it Lieutenant Carnes's duty to ascertain the amount of duties that are to be paid. You receive them from the captain or consignee, and pay them over the next day to Lieutenant Carnes. You then must make quarterly returns, accompanied by Lieutenant Carnes's receipts, and a monthly statement of the revenue received. Lieutenant Carnes must also make the like quarterly returns, accompanied by the monthly statements, in order to show the amount that comes into his hands, and how it has been disbursed.

You will give this matter your early attention, and forward to this office an account current for the fourth quarter of 1847.

I am, respectfully, your obedient servant,

Captain F. J. LIPPETT,

R. B. MASON,

Colonel 1st Dragoons, commanding.

New York Volunteers, commanding, Santa Barbara.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, February 28, 1848.

SIR: Captain Lippett informs me that $313 36, the amount of customs being in his hands at the end of the third quarter of 1847, was turned over to you on the day it was received, and that he holds your receipt for the same.

In examining your account current for the fourth quarter of 1847, I cannot find that you have taken up this sum; and as Captain Lippett has

rendered no account for the fourth quarter, I have nothing to show what disposition has been made of it. As you

A further discrepancy seems manifest from this examination. make no return of revenue received for October, I know not whether any. thing was paid in for that month, but suppose there was not; then from the monthly statement of revenue received" for November and December, which were forwarded to this office, your account should stand thus: Received from Carrillo

As per monthly statement for November

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$4 00 565 49

75 87

303 36

Total to be accounted for

948 72

Deduct abstract of disbursements

70 621

Amount due to the government

878 09

Reported in account current for fourth quarter as due govern

ment

578 571

Error

299 52

You will therefore take up this error, and charge yourself with the amount, $299 52, on the account current for the first quarter of the present year.

I am, respectfully, your obedient servant,

Lieut. H. S. CARNES,

New York Volunteers,

R. B. MASON, Colonel 1st Dragoons, commanding.

Acting Asssistant Quartermaster, Santa Barbara.

Know all men by these presents, that 1, Richard B. Mason, colonel 1st regiment of dragoons United States army, and governor of California, by virtue of authority in me vested, do hereby appoint John Sinclair alcalde for and in the district of country on the Sacramento river, near New Helvetia, Upper California.

Given at Monterey, the capital of California, this 28th day of November, A. D. 1848, and the 72d year of the independence of the United States.

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

HEADQUARTERS TENTII MILITARY DEPARTMENT,

Monterey, California, February 28, 1848.

SIR: I enclose to you the appointment ef alcalde for the district of country in which you now reside.

You are authorized to appoint some suitable person to act as sheriff, and one as constable.

I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

JOHN SINCLAIR, Alcalde, Sacramento.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, March 2, 1848.

Sir: I have received your communication of the 1st instant. The courts, when established, will take cognizance of all cases within their jurisdiction, and which may not have been already finally settled, either by the consent of parties or by the courts; and should they determine that your case was finally settled by the arbitration to which it was referred, they will nevertheless have jurisdiction of any wrong that may have been committed in putting up landmarks contrary to their final decision.

I can take no further action in the case.

I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

IGNACIO CASTRO.

HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, March 2, 1848. SIR: I have received your letter of the 20th ultimo, together with its enclosures, concerning Hands, Higgins, and Williams, who were brought here on the evening of the 23d by your order.

It does not appear from any of the papers accompanying them that they were charged with having committed any specific offence, nor has the jury found them guilty of any overt act for which they can be punished. A man cannot be punished for "robbing on the highway and stealing horses" until it is actually proven that he has committed those acts.

It seems from the testimony of Beckwith that these men have been plotting mischief, and they will in all probability rob and steal when they can get an opportunity; but still I do not see how we are to punish men for what it is supposed they intend to do, and before it is legally proven that they have committed the crimes.

As there are at this time no other courts in the country but those of the alcaldes, and they possessing but limited powers, it of necessity sometimes devolves upon them to try offences of a grave character, but always by a jury. In such cases the jury should award, if they convict the prisoner, which, together with the record, shall be sent to me for approval, the prisoner awaiting the result in the place of trial.

No expenses can be paid for sending civil prisoners here, unless they are brought by express authority from this office.

The muskets that were in possession of these men, as mentioned in your letter, send to me by the mail-rider; he can bring one each trip.

I send back the horses on which you sent the prisoners to this place. Hands has enlisted in the regular army. One of the others is a deserter from San Francisco, and the third I shall send to Mazatlan in a vessel that leaves here in a few days.

I am, respectfully, your obedient servant,

CHARLES WHITE,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

First Alcalde, Pueblo de San José.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, March 2, 1848.

SIR: It was not until the 21st that I received the record of the trial of Garcia. As there are no other courts at this time in the country but those of the alcaldes, and these possessing but limited powers, it of necessity sometimes devolves upon them to try offences of a grave character, but always by a jury. In such cases, the jury should award a sentence if they convict the prisoner, which, together with the recorded testimony, should be sent to me for approval, the prisoner awaiting the result at the place of trial, or the nearest safe place of confinement, (if not admitted to bail,) to await sentence.

With these views I return to you the record, that you may re-assemble the jury, and have them award a sentence against the said Garcia. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

TIMOTHY MURPHY,
Alcalde, San Rafael.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, March 3, 1848. SIR: Many of the New York volunteers recently arrived in this country have brought with them rifles, shot guns, powder, percussion caps, &c. Many of these articles they sold to the Californians before I knew the troops had such things in their possession. As soon as I learned these things, I had all the guns, &c., seized that I could lay my hands upon. Many of the articles are no doubt secreted, which you will be able to discover when the detachment lands at San Pedro. All such contraband articles you will seize, and keep possession of them until the war is over, when they will be returned to their respective owners, taking care to have each gun, package, &c., carefully marked with the

owner's name.

I am, respectfully, your obedient servant,

D. W. ALEXANDER,

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

Collector, &c., San Pedro.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, March 3, 1848.

SIR: In reply to so much of your letter of the 25th of February to Lieutenant Sherman, acting assistant adjutant general, as relates to the form of the account current sent you some time since, you will observe that the form is nothing more than to show how the accounts are in general to be made; and, among other items, it shows how funds that may be transferred from the customs to the commissary or quartermaster department are to be noted on the account current.

I am, respectfully, your obedient servant,

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

Lieutenant H. S. CARNES,

New York Volunteers, A. A. Quartermaster, Santa Barbara.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, March 5, 1848.

SIR: I have received your several communications of the 13th of February. I approve of the steps you have taken to apprehend the Indian charged with stealing horses and cattle, and of the instructions given to the party sent in pursuit, "not to hurt the Indian, except it may be in self-defence." When the Indians come into the settlements and run off a band of horses, and are pursued and overtaken, they should be fired on and treated as enemies; but when any Indian merely kills or steals a bullock, if clearly convicted of the fact, he ought to be well (but not cruelly) flogged, like any other thief, whether he be white or red.

In relation to the costs attending the trial of Thompson, I regret that it is not in my power to do anything with them. Accounts created in different parts of the Territory without specific authority from this office cannot be liquidated; and, besides, Thompson had already been tried for this same murder at the Pueblo de los Angeles, and acquitted. So I am informed, though not officially.

I sent to you but a few days since, upon the recommendation of Mr. Sutter, the appointment of alcalde, and am sorry to learn, by one of your letters of the 15th ultimo, that you do not wish it. I am well aware of the difficulties that the alcalde has heretofore labored under. Those difficulties will soon be removed by the duties of alcaldes, prefects, judges, &c., being clearly defined and published, and the ways and means prescribed for raising the necessary funds to defray all proper civil expenses of the Territory. I therefore hope you will not refuse the appointment, and that the public may have the benefit of your experience as an alcalde in putting the new machine in motion. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

JOHN SINCLAIR,
Alcalde, Sacramento.

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