distinct guards; this, together with the details necessary in the quartermaster's department, the details for hospital attendants, cooks, mail riders, and details to meet various contingencies, which almost daily arise, call for a larger force than this one company is able to supply. I beg you to be assured that it would give me pleasure to furnish you with a guard, if the company here had the strength to afford it. I would suggest to you to get some family to live in that part of the storehouse recently occupied by the marine guard, or to hire some trusty watchman; in these times you will have to pay high, but it cannot be avoided. I am, very respectfully, your obedient servant, Mr. CHAS. T. Borrs, R. B. MASON, Colonel 1st Dragoons, commanding. U. S. naval store, Monterey, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: In answer to your letter of the 16th of June, (which I did not receive till my return to Monterey on the 18th instant,) I have the honor to inform you that there are on file in this office, charges against privates Shreve, Carpenter, McSpadden, and John C. Lee. A general courtmartial will be ordered for their trial as soon as officers can possibly be spared for such duty. The charges against private John G. Smith not being capital, are sent you to be tried by a garrison court. Colonel Mason has received the petition in favor of private C. R. 0. Lee, but cannot consent to remit any part of his sentence. I have the honor to be your obedient servant, W. T. SHERMAN, First Lieut. 3d Artillery, A. A. A. General. Captain F. J. LIPPETT, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I have the honor to enclose you an order, assembling a military commission at Los Angeles, California, on the 4th of August, of which commission you are the judge advocate. Enclosed are approved charges against Jose Sugards Rivo, Esteban Sylvos, and Saturmine Palmer, of company C, 1st dragoons; other charges of a similar character are probably in the hands of Colonel Stevenson, and Colonel Mason directs that you receive from him any charges that bear his written approval, and that you arraign the persons charged, before this military commission, in the same manner as though they came to you from this office. I have the honor to be, very respectfully, your obedient servant, Assistant Surgeon R. MURRAY, 627 HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Colonel Mason directs me to return to you the original proceedings of the general court-martial constituted at Los Angeles, California, by department orders No. 23, current series, in the case of private Patrick Ford, of company E, first New York volunteers, where the court adhere to their first decision to support the prisoner's plea in bar of trial on the ground that he had been previously punished for the offence he stood charged with. This decision is so adverse to the well-established practice of courtsmartial, that Colonel Mason cannot pass it over in silence; for, at some future time, it might be quoted as a precedent and lead to dangerous results. For instance: a murderer, confined in a guard-house for security, gets the officer of the guard to punish him more than the ordinary prison rules justify; is afterwards arraigned for trial, and pleads in bar of trial that he has already been punished; would any court, civil or military, permit a murderer thus to avoid trial? And, yet, is not this the very parallel of Ford's case? Has he not avoided trial by pleading simple punishment, which he has received by command of an officer, and not as the sentence of a proper military tribunal? The court is again referred to De Hart, the very pages they refer to in their record, page 6, and more especially to his opinion clearly expressed in page 144, "that a court cannot reject a charge on this ground. It may be sufficient reason for them to affix a mitigated or declare no punishment at all; but when matter legally cognizable by a court-martial is referred to them for investigation by competent authority, they are bound to act upon it and proceed to trial." This remark is exactly applicable to the case of Ford: when the evidence of both prosecution and defence is in possession of the court, they can determine what allowance to make for the punishment he has already received. Colonel Mason, therefore, orders that you reassemble the courtmartial, of which you are the president, as soon as the military commission adjourns which is to assemble at Los Angeles on the 4th proximo,. and to convey to the members this (his) order, that they proceed to the trial of private Patrick Ford, upon the charges already on record, which were submitted to them by competent authority. I have the honor to be your obedient servant, W. T. SHERMAN, Colonel J. D. STEVENSON, 1. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Colonel Mason directs me to acknowledge the receipt of your letter of the 10th July, (enclosing one of Lieutenant Buffman, asking for certain witnesses in the event of his trial,) and to inform you that the condition of affairs at present will not admit of the course you suggest. It is expected these gentlemen will have a fair opportunity of meeting these charges against their character before returning to civil life. I have the honor to be, very respectfully, your obedient servant, W. T. SHERMAN, First Lieut. 3d Artillery, A. A. A. General. Colonel J. W. DAVIDSON, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your letter of the 13th of June was not received by me until the 18th instant, in consequence of an absence from Monterey up to that date. I have referred that letter, with its enclosed copy of special orders No. 66, dated War Department, Adjutant General's office, Washington, August 3, 1846, to Colonel Mason, who directs me to say that, although your furlough expires on the 3d of August next, your services in your present capacity cannot be dispensed with; and, until other orders are received from the War Department, you will continue on duty as the major of the 1st regiment of New York volunteers. I have the honor to be, very respectfully, your obedient servant, First Lieut. 3d Artillery, A. A. A. General. To Major JAS. A. HARDIE, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 25, 1848. SIR: Your letter of the 13th of June, enclosing a copy of the proceedings of a board of survey held at Los Angeles, California, on the 10th of June, 1848, has been received and laid before Col. Mason, who says that you will break up the gun-carriage condemned by that board, and take up the iron on your return as scrap iron," sell at public auction the whole of the carriages and the harness, and turn over to Lieutenant Davidson the funds arising from said sale, taking his receipts therefor. I have the honor to be your obedient servant, W. T. SHERMAN, First Lieut. 3d Artillery, A. A. A. General. Ordnance Sergeant HEATHCOTE, Los Angeles, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 25, 1848. SIR: Ordnance Sergeant Heathcote is this day ordered to sell at public auction certain condemned ordnance stores at the post of Los Angeles, California, and to turn over to you the funds arising from said sale. Colonel Mason directs that you receipt for and enter those funds to credit of the civil fund of California. I have the honor to be, very respectfully, your obedient servant, First Lieut. 3d Artillery, A. A. A. General. To Lieut. J. W. DAVIDSON, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your letter of the 10th instant, with its enclosure, is received, and Colonel Mason directs me to say to you that it is not in his power to accept your resignation: your commission was conferred upon you by the of New York, who is the proper person to accept its resigna governor tion. You will please render post returns for Sonoma for the month of June, even if you had not returned to the post at the end of the month. It is important to keep up a military history of the posts so long as troops occupy them. I send you the returns of Sonoma for January, February, March, April, and May, which contain errors I have noted in pencil marks. Please correct them and return them to this office. Muster rolls should be sent direct to the Adjutant General, with a letter of advice, and not to this office. I have the honor to be your most obedient servant, W. T. SHERMAN, First Lieutenant 3d Artillery, A. A. A. General. Captain J. E. BRACKETT, San Francisco, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: The amount of labor at the custom-house at San Francisco is daily becoming more onerous, and the revenues collected are increasing so rapidly that it is impossible for Captain Folsom to acquit himself of the heavy responsibilities now resting on him, unless he receives a great deal of assistance. This assistance must of necessity come from the military garrison, and Colonel Mason directs that Lieutenant Gilbert of company H, 1st New York volunteers, be detailed to assist Captain Folsom in the performance of the duties of collector of the port of San Francisco; and, if Captain Folsom desires it, Lieutenant Roach, of company C, be also detailed for the same duty. He also wishes you to furnish, upon Captain F.'s application, such noncommissioned officers and men as may be necessary to guard the revenues from fraud. The details will fall heavily upon your reduced command, and you are accordingly authorized, at any moment you think proper, to break up the post of Sonoma, leaving a non-commissioned officer and from six to ten men to assist the alcalde of the town. The detail of Lieutenant Gilbert will leave Captain Frisbee without a subaltern. You can assign one of the lieutenants of Captain Dimmics company to Frisbee, until other officers arrive from the United States. Colonel Mason wishes you to consult with the assistant quartermaster as to the propriety of breaking up the town guard altogether, and to protect the public property by detailing, on extra duty, three or four good men to work at the storehouse by day and to sleep there at night. I have the honor to be your most obedient servant, W. T. SHERMAN, Major JAMES A. HARDIE, San Francisco, California. HEADQUARTERS TENTH MILITARY Department, Monterey, California, August 2, 1848. SIR: Your letter of the 25th of July was received on the 31st ultimo, and has been laid before Colonel Mason, who directs me to inform you that he cannot possibly relieve you from the duties of collector of the port of San Francisco. He is fully aware of the heavy additional labor and responsibility imposed upon you by that office, but the number of disbursing officers at his command is so small that no other than yourself can be stationed at San Francisco. But Colonel Mason is willing to give you every assistance possible, in the way of details of officers and soldiers, but he cannot sanction the payment to them of any fee, "charge, commission, or compensation of any kind" for the performance of those duties, as it would be in direct violation of the latter part of the 19th paragraph of the regulations for collecting the revenue. He is satisfied that soldiers should be paid for such extra duties, and he will recommend to the department that a suitable daily allowance be made to soldiers employed in duties pertaining to the collection of revenues, and that this regulation should have a retrospective effect, so as to compensate those who have heretofore been employed as guards, clerks, &c. Major Hardie will be instructed to detail Lieutenant Gilbert as your as sistant, and also Lieutenant Roach, if you request him to do so; and he will be directed to detail, upon your application, a sufficient number of non-commissioned officers and privates from his command to act as sentinels, guards, clerks, &c., at the custom-house of San Francisco, even if it be necessary to break up the post of Sonoma. Major Hardie is also directed to consult you as to the propriety of breaking up the town guard, and giving you a sufficient number of trustworthy men, on extra duty, to sleep by night at the storehouse in the town, and to work, subject to your orders, during the day. When orders No. 40 were issued, removing company H from San Francisco to Sonoma, it was not contemplated that it would take Lieutenant Gilbert from your office, as he still remained under the command of Major Hardie, and, therefore, liable to be detailed under special orders No. 22, of September, 1847. |