questing assistance from Commodore Jones, who sent the Independence to this place immediately. The Independence arrived on the 18th instant. On the 2d of June, Captain Steele, then commanding, addressed a communication to department headquarters, enclosing charges against the leaders, and requesting a general court-martial for their trial. On the 5th of June, Captain Steele again addressed Commodore Jones and department headquarters, reporting another outbreak, and the command setting order at defiance. On my arrival I found the ringleaders at liberty, and the excitement somewhat abated. The next day ten of the most prominent of the command in the late troubles were sent on board the Independence as prisoners; and on the 26th three more. The command is more quiet, and I anticipate no disturbance. On the 25th instant some sailors from the Lexington were permitted to come on shore on liberty, and had a drunken frolic in the quarters of one of the married men, named Lawson. Both man and wife became intoxicated; a quarrel ensued; and about half-past 10 o'clock in the evening the man shot his wife with his musket. She died a short time after. The man is in irons on board the Independence, Enclosed herewith are charges preferred against him. As there is a prospect of a speedy removal from this place, I would request that the court-martial applied for by Captain Steele may be convened after our arrival in Upper California, and not at this place. It will be advisable not to detail any of the company officers in the command upon the court. It will be necessary to try the case of private Macguire, referred to in my application for a military commission, March 10, 1848, at this place, as the principal witnesses in it are Californians; such is not the case with private Lawsm. I have the honor to acknowledge the receipt of your communications of March 18, April 26, and May 2, 1848. Musician Farley, referred to in yours of March 18, is at this post, and will be returned to Monterey by the first opportunity. The board of survey ordered in yours of April 18, 1848, to examine into the claims of those friendly to our flag who have sustained damages during the attack upon this place aud San José, will be formed as soon as Commodore Jones arrives here. He is daily expected from Guaynas. I send enclosed herewith the return of this post (in duplicate) for April, 1848, with copies of the written orders issued during that month. The return and orders for May have been forwarded to department headquar ters via Mazatlan. I am, sir, with much respect, your obedient servant, Lieutenant W. T. SHERMAN, H. S. BURTON, Lieutenant Colonel N. Y. Volunteers. A. A. A. General 10th Military Department, Monterey. A true copy of the original on file in this office. W. G. SHERMAN, First Lieutenant 3d Artillery, A. A. A. General. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, August 17, 1848. Muy Honorable Congreso de los Estados Unidos: Señor como que los Fines de la Sosiedad jamas podran dirigirse á la Dicha de ernos y a la adbursidad de otros de hay a qui los Hombres no deben estipular tombenciones, ni aser pactos que no se dirigan al vien comun y á una felicidad solida. ¿Como podremos llaman Patriotas a los perturbadores de nuestra sosiego, ya los Raptores de nuestras esearos vienes? La esperansia nos a echo sentir el quyo de la siranid que profesan los militares de nuestra nacion, y non estremesemos al recordar su echos. En ningun punto se dieron a conaser mas que aqui en donde disembolbieron toda la Rapasidad de su genio y dieron a salier quienes eran. Pero vien notorio es quienes fueron las que formaron la rebolucion y no deran que ningun Hombre de vien sequiera sus malba dos Huestes. Las Hombres de bein del pais señor estan por el orden y aspiran á la felicidad de esta peninsula, y como la esperansia nos ha echo ver que despues de mas de tresientos años de desenbierta jamas si a tratado de protijirta ni ilustrar la ni por los españoles in por los Miguraros? Podremos esperar en lo subresibo algun vien cuando a los que no hemos sido adictos a los ladrones nos llaman tracidores y venan nuestro esterminio? ¡No lo permeta Dios que buelbamos a esperimentar mas rigores de nuestra mal sistemada republica! Dichasas nasatros si el Gobierno de los Estados Unidos nos admite bajo de su protusion y agrega a sus Estados este (por tantos años) desgraciado continento. Na señor asi lo deseamos y prosternados ante la V. M. N. impetramos esta gracia, los que subscribirnos a nombre de los pueblos. San Jose, del cabo, Mayo 13, 1848. JOSE MIGUEL CHOSADO, Alcalde. JOSE IGNO. DUARTO. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, August 18, 1848. SIR: I transmit herewith copies of letters, &c., pertaining to the civil government of California up to this date. Very respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, commanding. General R. JONES, Adjutant General, Washington, D. C. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April, 1848. SIR: I am in the receipt of your letter of the 10th instant, reporting the arrest of Canfield, Barnes, and others, charged with passing counterfeit gold coin purporting to be the coin of the United States. I do not think they can be properly tried by a military commission, as you suggest. I do not wish to try before military courts any cases that are not clearly such as military courts should take cognizance of. "Tis true there are no civil courts in California above those of the alcalde, but one can be created for these special cases; and I have therefore appointed Stephen C. Foster and special judges, to hold a court at Los Angeles for the trial of those men charged with passing the counterfeit coin. The name of the judge is left blank in the appointment, that you may fill it with the name of some suitable person in the lower country. Please appoint some one to conduct the prosecution on the part of the Territory, and give to him such information as may be in your power relative to trials by jury. I am, respectfully, your obedient servant, Colonel J. D. STEVENSON, R. B. MASON, Colonel 1st Dragoons, commanding. New York Volunteers, commanding Southern HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April, 1848. SIR: Colonel Stevenson has reported the arrest of Canfield, Barnes, and others, charged with passing counterfeit gold coin purporting to be the coin of the United States. I herewith endorse an appointment of judge for yourself and --, to hold a special court for the trial of said persons. The court will be held at Los Angeles, on such day as you may appoint, after consulting with Colonel Stevenson. You will cause the prisoners to be tried by a jury of twelve impartial men. It would be well to summon eighteen or twenty jurors, so that, if any are objected to, there may be others on the spot to supply their places. A list of the jurors summoned should be given to each of the prisoners at least two days before they are put upon their trial. Be careful to have each juror, witness, and interpreter properly sworn, and that fact entered on the record; and see that the prisoners have a fair and impartial trial. If found guilty, the court will pronounce sentence, which, together with the whole record, will be forwarded to me. The record should present each day's proceedings; the testimony given in should be entered, as near as can be, in the words of the witness, who should accurately state, as near as he can, the day, month, year, and place where the counterfeit coin was passed, together with all the circumstances attending the same. Colonel Stevenson will appoint some one to prosecute the cases on the part of the Territory; you will appoint a sheriff and a clerk for the occasion. Be pleased to examine well the Mexican law on the subject of passing counterfeit coin. I am told it is very severe. The quartermaster at Los Angeles has instructions relative to paying the costs of the prosecutions. I am, very respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. STEPHEN C. FOSTER, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 18, 1848. SIR: The costs of the prosecution that will be incurred in the coming trial of Canfield, Barnes, and others, for passing counterfeit gold coin, will be paid, if acquitted by you, out of the military contribution fund, according to the rates mentioned below. If they are convicted, the costs must be paid by themselves, and the amount stopped in the paymaster's hands, as they are not yet paid off. The court must certify to the correctness of the bill of costs before you pay. THE JUDGE Will be allowed, for each day the court is actually in session.......$5 00 PROSECUTING ATTORNEY. For each case. SHERIFF. For summoning each juror and witness.. For each mile travelling in summoning jurors and witnesses. JURORS AND WITNESSES. For each day's attendance on court..... route..... CLERK OF THE COURT. 50 50 6 I, Richard B. Mason, colonel of the 1st regiment of dragoons United States army, and governor of California, by virtue of authority in me vested, do hereby appoint Stephen C. Foster and judges, to hold a special court at Cuidad de los Angeles, on such a day as may be appointed by said judges, for the trial of Ruel Barnes, C. C. Canfield, Samuel Myers, and others, of the company of Mormon volunteers, late in the service of the United States, charged with passing counterfeit gold coin purporting to be the coin of the United States. Given at Monterey, the capital of California, this, 18th day of April, A. D. 1848, and the 72d year of the independence of the United States. R. B. MASON, Colonel 1st Dragoons, Governor of California. HEADQUARTERS TENTH MILITARY DEPARTMENT, · Monterey, California, April 19, 1848. SIR: In obedience to your order of the 29th of October, which was received on the 11th instant, I have the honor herewith to forward to you a general account of all moneys derived from the collection of revenue that have passed through my hands, to include the month of March of the present year. I am, respectfully, your obedient servant, Hon. SECRETARY OF War, R. B. MASON, Colonel 1st Dragoons, commanding. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 21, 1848. SIR: I have the honor to acknowledge the receipt of your communication of the 14th instant, together with the petition of the same date enclosed. I have no authority to make grants of land. My instructions confer no such power; nor could the President delegate any such to me, because the United States only holds the Californias as a military conquest, and no such authority can be rightfully exercised until the country becomes a part of the territory of the United States, and under her laws, and then only by an act of Congress. The precedent to which you refer me, I thought at the time, and have always thought, was one improperly exercised. I am, respectfully, your obedient servant, R. SEMPLE, Esq., R. B. MASON, Colonel 1st Dragoons, Governor of California. Benecia city, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 24, 1848. SIR: I have received your letter of the 11th, and have given Yingo's and Castro's land case a complete consideration and have fully examined the records in this office concerning the same. Yingo petitioned for the land lying between the lines designating the limits of Castro's land and the land of the mission of Santa Clara, as shown upon the accompanying map, which is a copy of the official map here. The whole of the land asked for by Yingo was not granted; that only was granted lying within the said lines, marked in the accompanying map, which lines are copied from the said official map on record here, and these said lines correspond exactly with the reading of Yingo's title, "the boundaries being from his house to the first spring of water, inclusive, called Los Animas." Thus it is clear that Yingo has no claim to land from his house in the direction of the Santa Clara land, nor beyond the spring Los Animas in the other direction: he is tied fast down to the land lying between his house and the |