the law, in failing to set forth these peremptory requirements, renders the denouncement illegal, and therefore null and void. The aforesaid article (4th) requires an excavation of one and a half varas in diameter at the mouth, and ten in depth, to be made in the run or veins of the spot recorded, before those who denounce can be entitled to be put into the legal possession of the number of appurtenances allowed by law; and not then, unless such excavation be made within ninety days. In this case, the parties denouncing on the 17th of December are put in possession by the alcalde at the expiration of forty-eight days, when it is not in proof that their excavation was in conformity to law, but, on the contrary, it was the alcalde's opinion, not of sufficient depth; for he says, "the excavation was going on, and that there was sufficient time to finish them (it) before the ninety days"—that is, before the expiration of the ninety days allowed by law-and that he did not measure the depth.. In a statement made on the 12th instant, the alcalde who gave the possession estimates the depth at twenty or twenty-two feet, but made no Here the imperative requirements of the law are set aside, or not complied with, and therefore, on that ground, the possession given on the 2d of February was not legal. The said 4th article further requires the magistrate to examine the course and direction of the vein, its breadth, and other circumstances, taking an exact account of all this, in order to add to it the corresponding entry of record, with the certificate of possession. Not one of these indispensable and imperative requirements of the law has been complied with-the non-compliance with each and every one of which presents so many separate grounds of illegality of the possession given on the 2d of February. measurement. The mining laws give to the denouncer of a new vein in a "known mountain"—that is, a mountain known to contain the named mineral"two appurtenances;" and to those who work in company, four new appurtenances-an appurtenance being 200 Spanish varas in length, and from one hundred to two hundred varas in breadth, according to the dip or inclination of the mineral vein. This denouncement of the 17th of December, being a new vein, if any, in mountains known to contain quicksilver ore, entitled the party to but two appurtenaces; but working in company entitled them to "four new appurtenances," making six in all, (though it is said by Mr. Walkinshaw, a practical miner of great experience and intelligence, that in Mexico the law is so construed, and such the invariable practice there, that a company is only entitled to four appurtenances in all. Now, an appurtenance being two hundred varas long, and its greatest width, under the most favorable circumstances, two hundred varas wide, it follows that six appurtenances cannot contain more than 240,000 square varas. The magistrate put the party in possession on the 2d of February of a given space of land, including the hole they had dug, measuring, if I remember rightly your reading from your record when I was at the Pueblo on the 12th, 600 varas one way by 800 varas the other, making the area to contain 480,000 square varas-just 240,000 square varas more than he was authorized by law to put them in judicial possession of, even supposing that they had fulfilled all the requirements of the law to entitle them to possession. The possession given on the 2d of February was therefore illegal, the magistrate greatly exceeding his judicial powers and authority. The judicial acts of a magistrate can only confer rights on one party, or take them from another, so long as he confines himself within the limits the law has assigned to him. As soon as he steps beyond those limits, his judicial acts are at once stripped of all binding force and effect, and have no more legal force than if performed by any other individual. The reservation made by the magistrate on the 2d of February in the certificate of possession, that the measurement was good only for what the laws designate on the subject, amounts to nothing. It was his business to have ascertained what the law did designate or allow, and his duty to have the appurtenances measured and marked according to law; and this he did not do. There are other instances where the law has not been complied with in giving this possession, but it is useless to follow them; enough has been shown to render the possession so given illegal, and utterly null and void. But we will for a moment suppose that all the steps taken subsequent to the denouncement were legal, and that the requirements of the law were adhered to both on the part of the magistrate and the denouncer, so far as relates to the excavation made, and the possession given is concerned: still the denouncement of the 17th of December is of itself defective and illegal, because the plain and imperative requirements of the law were not adhered to or complied with. The denouncement-the foundation upon which the whole work is erected-being defective and illegal, and swept away, the whole superstructure built thereon must fall with it. The denouncement made on the 17th of December last by the parties first above named, and the pos session given under it on the 2d of February, both being so entirely illegal and at variance with the law, they cannot militate against the party claiming under the denouncement of the 5th of February; and the only question that now remains to be ascertained is, Have they denounced this mine in a proper manner, found mineral, and made their excavation according to law, and within ninety days from the 5th of February? I have not the denouncement of the 5th of February by me to refer to, and therefore only speak of it from recollection, which tells me that all the requirements of the law were fulfilled in said denouncement. I measured, on the 11th instant, the excavation made by those who made that denouncement of the 5th February, and found it more than one and a half varas in diameter at its mouth, and about sixty-five or six feet in length under ground, but not in a perpendicular direction. If, upon examination of the denouncement you have upon record of the 5th February, it is found to be in accordance with the mining laws, the party claiming under it is entitled to the judicial possession of the legal number of appurtenances. I herewith return to you the papers that were enclosed with your letter of the 2d instant. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Drag., com'g. CHARLES WHITE, Alcalde, Pueblo de San José. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Mr. William A. Leidsdorff, a citizen of the United States, died intestate, in San Francisco, on the morning of the 18th instant, possessed, it is said, of a large, valuable property. It is all-important that his estate should at once be placed in safe and responsible hands. As you have never resigned or been deprived of your consular commission, I think it your duty, under the general consular instructions from the State Department, to take charge of said estate. I am, respectfully, your obedient Servant, R. B. MASON, Colonel 1st Drag., com'g. Mr. THOMAS O. LARKIN, U. S. Consul, Monterey, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, May 21, 1848. SIR: I send Mr. Hartnell, the government interpreter, to San Francisco, to attend to the correctly printing of the Spanish translation of some laws, &c., that I intend to publish. The Spanish printing heretofore done in San Francisco has generally been so full of errors that it is important that Mr. Hartnell should attend to the proof sheet of this himself. I desire that you will have a number of copies, both in Spanish and English, struck off and stitched together, so that they can be distributed in that way together. Send me, if it be possible, one or more copies so as to reach me before the arrival of the Anita, and an English copy without the Spanish, if the latter will cause any delay. I hope, by the printer using his utmost exertions, that he may get this printing done before the sailing of the Anita. I wish the manuscript copy returned to me, and not a copy of the printing retained in the printer's office, or be suffered to go abroad. The soldier who goes up with Mr. Hartnell has commutation of rations to bring him back: send him back immediately. The horses Mr. Hartnell rides are public: please have them taken care of until he is ready to return. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, commanding. Captain J. L. EOLSOM, A. Q. M., San Francisco, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, May 23, 1848. SIR: It has been suggested to me that the great number of persons now flocking to the newly-discovered gold region on the Sacramento, for the purpose of obtaining gold by the process of "washing," renders it immediately necessary that some wholesome laws or regulations should be made with a view to the security of personal rights and the prevention of disputes among those engaged in that business. It has been further suggested, that this gold region should be laid off in numbered lots, with marked boundaries; that, under certain regulations, a person should be secured in the quiet possession of his lot, so long as he chooses to work on it; that he could give it up at pleasure, and thus leave it open for another to enter upon it, and obtain any other vacant lot; that there should be a public agent in that quarter to survey and mark those lots, and put persons in possession of them, decide disputes, &c., &c.; that, to cover the expenses of the agent, the surveyors, &c., persons applying for a lot should be required to pay a certain fee for his certificate of possession, &c you are about visiting the gold region, I will thank you to obtain for me what information you can upon this subject, and, in conjunction with some of the most influential and best informed citizens engaged in that business, draw up and submit to me a project of such regulations as will, in your As judgment, be most productive of good, and tend most to preserve harmony, prevent trespasses, disputes, litigations, &c. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Major J. R. SNYDER, Monterey, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, May 25, 1848. SIR: I am in the receipt of your letter of the 22d instant, on the subject of the threatened Indian hostilities, and the removal of Captain Brackett's company from Sonoma. The condition of the garrisons in Lower California is such that they must be strengthened. The measures taken and the whole plan of operations proposed at La Paz and San José will be defeated and broken up by Captain Brackett's company remaining at Sonoma. This the interests of the public service will not permit. The number of American citizens, to say nothing of the Californians north of the bay of San Francisco, is sufficient to meet any Indian troubles that may arise in that quarter. I have no fear of not finding plenty of men in the country to turn out and put them down, if there is really danger to be apprehended. I have arms and ammunition in sufficient quantities to place in their hands for that purpose. I shall, however, apprehend no real danger from the Indians, however rife the rumor may be, so long as the inhabitants refuse to turn out and meet it, or leave their families to go to work at the mines. I cannot believe that in time of real danger men will abandon their families to merciless savages, and go off to hunt gold dust. The inhabitants of the country must rely principally upon themselves to put down Indian aggressions. I will furnish the powder and lead, and such force as can be spared from San Francisco-from the force now there protecting public property; but the people must make some effort to protect themselves until the arrival of the 500 troops now on their way here from Santa Fe. I have sent orders to the commanding officer at San Francisco to hold his disposable force in readiness to make a campaign in the Indian country, if it becomes necessary, in company with the inhabitants north of the bay, whom I shall expect to turn out and organize in one or more companies, for the protection of themselves, their families, and property; but, in the meantime, Captain Brackett's company must embark for Lower California. With this view, Major Hardie has been directed to visit Sonoma, and has discretionary authority to organize and arm the citizens north of the bay, should the Indians by any movements or acts of aggression render it necessary. I am much pleased to learn that you will visit those Indians and use your efforts to pacify them. I am sure that your well-known prudence, judgment, and knowledge of Indian character will render those efforts eminently successful. I received on the 20th of last month a letter from you, without date, offering the resignation of your commission as sub-Indian agent, and stating that the Indians did not wish the whites to occupy their lands. I should have acknowledged the receipt of that at an earlier day, but for the difficulties of finding some one to fill your place. The Indians are right in pressing their wish that the whites should not intrude on their lands. Upon proper application of the Indian agents, these intruders shall be removed. I am, respectfully, your obedient servant, General M. G. VALLEJO, R. B. MASON, Colonel 1st Dragoons, commanding. Sub-Indian Agent, Sonoma, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: The recent intelligence from Sonoma, though I cannot credit it to the full extent, induces me to countermand your late orders to sail for Lower California in the Anita. I have now to direct that you at once proceed to Sonoma, and make yourself well acquainted with all the facts concerning the reported hostile intentions of the Indians to the northward of that place, as reported to me by General Vallejo, sub-Indian agent, and L. W. Boggs, alcalde, at Sonoma. You are hereby clothed with authority to organize the American settlers and other foreigners and Californians north of the bay into one or more companies, and to arm and equip them from the ordnance stores at the Presidio, with a view of making a campaign against the Indians, should their conduct or any act of hostility on their part render, in your judg ment, such a step necessary; and you can draw for such campaign such of the force from the two companies at San Francisco as can be prudently spared from guarding the public stores. I can offer no pay to the citizens who turn out for their own safety and protection to put down any Indian disturbance, but will furnish them with arms and ammunition and such other assistance as is in my power. But, if you can raise a company of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, and two musicians, and from 50 to 100 privates, to be mustered into the service of the United States for one year, to serve in Upper California, unless sooner discharged, do so, and muster them in accordingly. I have written to Captain John Garett on the subject of raising this company, and I offered him the command of it. See him on the subject. The other officers will be elected by the men. Strong petitions and remonstrances are made by the people of Sonoma against Captain Brackett's company being withdrawn from that place; but Brackett must sail, as ordered, and the people must rely upon their own exertions, when furnished with arms and ammunition, to protect themselves against the Indians. There are now 500 troops on their way here from Santa Fe. When they arrive, I shall be able to replace Brackett's company at Sonoma, The papers, rolls, and instructions relating to pay, &c., of volunteers, which you took to Oregon, are applicable to the company now proposed to be raised on the bay of San Francisco. Let me caution you to be very guarded in receiving and crediting reports and rumors about this Indian disturbance, always bearing in mind that the people north of the bay are exceedingly anxious to keep Brackett's |