a letter from Mr. Gilbert, who declines the office of collector of that port with a less salary than three thousand dollars per annum, and unless he be given full authority to "appoint and pay such deputy collector, clerks, appraisers, inspectors, weighers, and gaugers, as may be necessary to conduct the business of the custom house," &c. In the settlement of the accounts of the collector, you were fully authorized to allow all necessary and proper expenses connected with that office, and the collector was directed to turn over to you only the nett proceeds after all such expenses were deducted. But Mr. Gilbert demands to have the entire and unlimited control of all the expenditures of the custom-house, the appointment of such officers and the payment of such salaries as he may choose, and the hire of such boats, warehouses, &c., as he may see fit to rent. Such demands are certainly very unusual, and rather extravagant. He requires more power to be placed in his hands than that possessed by the collector of the port of New York, and a salary larger than that paid in some of the principal ports of the United States. In all the disbursements of public money, it is requisite to have proper checks; and, in requiring your endorsement and approval of the expenditures of the collector of San Francisco, it was intended merely to keep those expenditures within proper limits. Such checks are required of all public officers, either in the army, navy, or revenue service. With respect to the extravagant prices which you mention as being obliged to pay for clerks in the custom-house, the governor directs me to say that he has just employed a good clerk in this office for $75 per month, and that he has no doubt clerks may be hired in San Francisco in the course of a few months upon very reasonable terms. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain J. L. FOLSOM, United States Army, San Francisco. STATE DEPARTMENT TERRITORY OF CALIFORNIA, Monterey, September 4, 1848. SIR: It appears from the papers this day laid before the governor, that the election held by you on the 29th ultimo for the office of first alcalde of the district of San Francisco was not held in accordance with the instructions given. In the first place, due notice was not given in all parts of said district, for it appears that the notice was given only in the town of San Francisco; that but six days were allowed to elapse between the date of the notice and the time of election; and that (if the statement of a number of respectable citizens can be relied on) only two days intervened between the giving of the notice and the day of election. In the second place, you limit the elective franchise to resident citizens of San Francisco, whereas all the resident citizens of the other parts of the district had an equal right to vote at the said election. Thirdly, you make a distinction between recently-discharged soldiers and other persons who have recently arrived in San Francisco, allowing the former to be entitled to vote, and the latter not, "unless they have pur chased property and occupy it"-whereas no such distinction can be made, both being voters if actual, residents of the district, and neither when not such actual residents. Property qualifications cannot be required in the exercise of the elective franchise, unless there, is a special law or regulation to that effect. Fourthly, you say that Mexicans citizens, although absolved from allegiance, cannot vote under the proclamation of the governor, dated August 7, 1848. No such ground is taken or intended to be taken in that proclamation. All citizens of this Territory continue to retain that character until they give notice of their intention "to preserve the character of citizens of the Mexican republic;" and there is nothing in the government proclamation depriving them of the rights pertaining to their citizenship in California. The governor, therefore, declares the election held on the 29th ultimo to be null and void, and directs that a new one be held. Due notice must be given in all parts of the district at least three weeks prior to the day of election-the first alcalde being for the district and not for the town of San Francisco alone. The following-named persons are appointed judges and inspectors of election, viz: W. D. M. Howard, E. V. Gillespie, H. H. Dimmick, Jas. C. Ward, and W. S. Clark. They will give the proper notice and decide upon the election; any three of their number are empowered to act in the absence of the others; votes will be received only from actual and bona fide residents of the district. By direction of the governor: H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. T. M. LEAVENWORTH, Esq., HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: The barque Callao has been admitted to entry in this port-Mr. Huttman having given bond, according to law, for the production within eight months of the invoice of the cargo, properly authenticated, before the United States consul, &c. A vessel entering a port in California, and landing a part of her cargo, may proceed to other ports in California and land the remainder, without the payment in other ports of any additional tonnage duties, or those denominated "light money. Her entrance and clearance and other fees in the other ports will, of course, be paid. I am, respectfully, To the COLLECTOR of the port of San Francisco. R. B. MASON, Colonel 1st Dragoons, &c. STATE DEPARTMENT TERRITORY OF CALIFORNIA, SIR: I am directed to acknowledge the receipt of your letter of the 5th instant, proposing to the governor the following questions: First. Can American goods, so bonded in warehouses in Chili, Peru, &c., be reshipped into American bottoms, and brought into California free of duty? Second. Can American goods, so bonded in warehouses, be brought in foreign bottoms into California free of duty? As a reply to the first of these questions, I enclose you herewith a copy of so much of the act of 2d March, 1799, as relates to this subject, by which it appears that goods of American growth and manufacture, which have been exported from the United States, may be returned again, under certain conditions, free of duty. It is believed that this law is still in force; at least it is not known that it has ever been repealed. With respect to the second question, the governor is of opinion that to bring goods so bonded in Chili, Peru, &c., in a foreign vessel, to a port in California, free of duty, would be an interference with the coasting trade, which, by law and treaty stipulations, is reserved exclusively to vessels of the United States. It would evidently be unlawful for a foreign vessel to receive the cargo or any part of a cargo of a coasting vessel, during her voyage, and carry it to an American port; and it is believed that it would be equally improper for a foreign vessel to receive American goods which have been put in depot in the usual route between any two ports of the United States, and to enter them in an American port, with the same privileges as a coasting vessel of the United States. The subject, however, will be referred to the Secretary of the Treasury by the earliest opportunity for his decision in the case. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Mr. F. HUTTMAN, Know all to whom it may concern: Whereas José Antonio Aguirre, a naturalized citizen of the United States, resident in Santa Barbara, California, and sole owner of the American-built barque "Joven Guipuzcouna," of which James Chapman, a native citizen of the United States, resident in California, is master, has made due application for the re-registry of said vessel, according to the requisitions of the laws: Now, therefore, I, Richard B. Mason, colonel 1st dragoons, and governor of California, in virtue of authority in me vested, do hereby authorize the said barque "Joven Guipuzcouna," owned and commanded as aforesaid, to wear the American flag, and to enjoy all the immunities and privileges pertaining thereto, both with respect to coast trade and foreign com merce. The said barque has one deck and three masts; her length is one hundred and eight feet; her breadth twenty feet; her depth ten feet; she measures two hundred and one tons, has no figure head, has plain: stern, and was built in Rhode Island in the year eighteen hundred and thirty-eight, her original name being the "Roger Williams." This sea-letter or license shall be good for one year from this date, or until the decision of the Treasury Department of the United States on the aforesaid application for re-registry shall be made known to the owner or master of the said vessel. Given at Monterey, California, this ninth day of September, anno Domini one thousand eight hundred and forty-eight, and of the independence of the United States the seventy-third. R. B. MASON, Colonel 1st Dragoons, and Governor of California. STATE DEPARTMENT TERRITORY OF CALIFORNIA, SIR: In reply to your letter of the 5th instant, recommending that a box of liquors and a piece of silk sent as a present by the admiral of the French squadron to Mr. Wm. Richardson and family be admitted free of duty, as Mr. Richardson has always been most friendly disposed towards the American government, and as these articles were received during the operation of the "military contribution" tariff, the governor directs me to say that they may be received, as you recommend, free of duty. I have to acknowledge the receipt of your letter of the 6th instant, relating to the landing of certain cordage from the American schooner Honolulu, whose voyage had been changed in order to proceed to Oregon, and recommending that permission be given to transfer this cordage to some vessel going to the Sandwich islands, the place from which it originally came. Considering the circumstances 'under which this cordage was landed, during the operation of the military contributions tariff, the governor can see no objection to the permit for reshipment, as you recommend. Very respectfully, your obedient servant, Captain J. L. FOLSOM, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. U. S. Army, San Francisco. HEADQUARTERS TENTH MILITARY DEPARTMENT, GENTLEMEN: Your communication of the 22d, together with its enclosure, has been received. I will instruct the collector at San Francisco to receive gold dust in payment of duties at the custom-house, with the privilege reserved to the payer of redeeming one half by a payment to the collector in gold or silver coin any time within ninety days, and the other half by a like payment any time within 180 days. This, however, is to be a mere tem porary arrangement, owing to the present scarcity of coin in the country. It would give me pleasure to comply fully with the wishes expressed by the public meeting held at San Francisco on the night of the 21st instant, by making the whole redeemable at 180 days, but it would have the effect of entirely cutting off the receipts of any available funds in the custom house for six months to come That is a longer period than it will be prudent to dry up the only source of revenue that the country affords,. and would be too wide a departure from my instructions, which are very positive to collect the duties "exclusively in gold and silver coin," before the goods, wares, and merchandise leave the custody of the collector, or in other words before they are suffered to go into the market. I am willing to allow the goods to go at once into the market, and to wait three and six months for the duties, although I am ordered to collect them in cash, provided the gold dust is taken at a rate low enough to make it certain that the merchant will redeem it at the stipulated time, and, if he does not, that there will be no doubt that the duties can be realized at once by putting it up at auction, if the money be immediately required. You will readily perceive the situation in which I am placed. A large amount of duties will be received at San Franciso. Should some ten or twenty thousand dollars of this gold dust received at the custom-house, reckoning at the rate per ounce at which it will be received, fail to be redeemed at the stipulated time, and I should be forced by the want of funds to throw suddenly this large amount into market to be sold for cash, and it should not bring this sum, I at once become and am held personally and individually responsible and accountable to the department at Washington for the loss sustained in consequence of the departure from my orders and instructions. I am very sure that none of the merchants of your town would desire to see me assume a risk of becoming pecuniarily involved by departing from my instructions for their accommodation; and therefore I feel, by departing from my orders in this instance, in permitting goods, wares, and merchandise to go at once into the market, and waiting three and six months before the duties can be realized, that the precautions I take to guard both the public and myself from any loss are not unreasonable or greater than the occasion calls for. I shall strongly recommend, in my first communication to the department, the immediate establishment of a mint in Upper California. I am, respectfully, your obedient servant, Colonel 1st Dragoons, and Governor of California. W. D. M. HOWARD, C. V. GILLESPIE, and JAMES C. WARD, San Francisco, California. STATE DEPARTMENT TERRITORY OF CALIFORNIA, Monterey, September 10, 1848. SIR: I am directed by the governor to acknowledge the receipt of your letter of the 7th. and to inform you that a sea-letter or other document may be given to an unregistered vessel owned by citizens of the United States. Vide Gordon's Digest, art. 1,788. |