I herewith return you a duplicate of the paper marked " A," as yourquested, signed by myself, having also signed the one you sent me, placed it on file here. I fully agree with you in "doubting the expediency of enforcing any more stringent revenue rules and regulations than the several acts of Congress provide for;" and that it is "not advisable to enforce with much rigor the provision of the laws of the United States, as expressed in the articles 4, 7, and 8 of the series of regulations proposed by Mr. Harrison." Indeed, I think, under the peculiar position of things in California, that the revenue officers should be as indulgent as possible, and as liberal in the construction and application of the revenue laws as the nature of each case, as it may arise, will permit; for, in the absence of the proper courts, it will be difficult to enforce many of the provisions, and, until we hear from the department at Washington on the subject of the collection of customs in California, the best policy is not a too stringent application of those laws and regulations, especially in matters not touching frauds upon the revenue. Upon another perusal of your letter and accompanying papers, after writing the foregoing, it occurs to me that it would not be proper to say anything about foreign vessels entering the ports of Oregon. That country has now a regularly-organized territorial government, and we can no more say what vessels shall enter those ports upon the footing of coasters than we can say relative to the port of New York. The constituted authorities there may possibly choose to differ with us; at all events, leave them to settle that matter themselves. I would therefore suggest that in the "form of the special license proposed to be issued, for a limited period," the words "within the territorial limits of the United States on the Pacific coast" be stricken out, and the words "of Upper California" be inserted. This will not prevent foreign vessels from going into the Oregon ports, if the authorities there choose to admit them; and if they exclude them, (which is by no means anticipated before the regular establishment of custom-house and revenue offices,) no license granted by any of the United States authorities here will be of any service to them. I am, sir, very respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, commanding. Commodore THOS. AP. C. JONES, Commanding U. S. naval forces in the E STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, January 2, 1849. SIR: I have to acknowledge the receipt of your letter of December 28, 1848, relating to compensation as collector, the proceeds of confiscated goods, and the sale of certain goods seized for false entry. With respect to pay for service as collector, Colonel Mason thinks that the officers who have been thus employed should in justice be paid for such services; but he thinks it manifestly improper to introduce any such charge in the accounts, with the latter part of article 19 of the printed instructions from Washington, and the act of Congress approved August 22, 1842, (page 274 Military Laws,) before them. He thinks the proper course would be to make the claim direct to the Secretary of War. With respect to the proceeds of confiscated goods, I am directed to refer you to Colonel Mason's letter of March 23, 1848. Under the circumstances you mention, the governor agrees with you that it will be best to sell the goods seized from Signor Bonjiovanni. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain J. L. FOLSOM, U. S. Army, San Francisco, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, January 2, 1849. SIR: I am directed by Governor Mason to acknowledge the receipt of your letter of November 15, 1848, giving notice of the appointment of George Frail Allen, esq., as his Hawaiian Majesty's consul for the ports of California, and to inform you that he will be recognised in that capacity until he obtain the necessary exequatur from the proper authorities at Washington. I have the honor to be your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Hon. R. C. WYLLIE, STATE DEPARTMENT of the TERRITORY OF CALIFORNIA, Monterey, January 2, 1849. SIR: I have to acknowledge the receipt of your letter of December 21, relating to the appointment of post physician for the port of San Francisco. By referring to Colonel Mason's letter to the town council of San Francisco, dated September 16, 1848, you will perceive that that body is authorized to appoint all police officers, regulate their pay, &c., and that the jurisdiction of such officers extends to all the shipping in the harbor. The question of appointing a post physician rests entirely with the local authorities of that place. Very respectfully, your obedient servant, Dr. ALEX. PERRY, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. U. S. Army, San Francisco, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your letter of the 5th instant was received last night, enclosing Mr. Shillaber's letter of advice and draft for $5,000 on Mr. Gleason, which Mr. S. is under the impression is in the hands of the quartermaster of his place. I have this morning shown your communication and the letter of advice and draft to Captain Marcy, who states he knows nothing of the matte, having never heard of it before. I return you the above-mentioned paper addressed to Mr. Gleason, who left here for San Francisco some days since. I have received a letter from Mr. Harrison, in which he says, in conse quence of the dilapidated state of the building, the room that he now occupies (for a custom-house) is in part inundated with water and rendered unfit for the purpose for which it is intended, &c. I desire you will have the room properly repaired, it being a public building, and to pay for the same out of the custom-house funds. I am, respectfully, your obedient servant, Captain J. L. FOLSOM, R. B. MASON, Colonel 1st Dragoons, commanding. Assistant Quartermaster, San Francisco. HEADQUARTERS TENTII MILITARY DEPARTMENT, SIR: I am in the receipt of your letter of the 9th instant, and have this day instructed Captain Folsom to have the custom-house office repaired. Daily expecting instructions from Washington on the subject of the collec tion of customs, &c., I do not think it prudent at this time to rent a building, or incur any expense in that branch of the public service that can possibly be avoided. I desire that you will send to me monthly a statement of revenue col. lected, made out and filled up after the form enclosed, which is the one that has heretofore been used. Send monthly statements for the back months since you have been in office. I am, respectfully, your obedient servant, Mr. E. HARRISON, Collector, San Francisco. R. B. MASON, Colonel 1st Dragoons, commanding. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: I have to acknowledge the receipt of your letter of the 1st instant, relating to your duties in examining and endorsing the papers of the collector of San Francisco. In the letter of the 28th ultimo from this office, it was stated that your relations towards the new collector were the same as they had been towards Mr. Richardson, and that, if you should not be satisfied with the correctness of his accounts and the justness of his expenditures, you would report the fact to this office. The same duties as those required of you have been performed by Lieutenant Davidson for the ports of San Diego and San Pedro, during the most part of the last two years, and are now performed by Colonel Mason for the collector of this place; and as you have already had several months' experience in examining the accounts of the former collector, it is thought that you may be able to continue the performance of these duties without any very serious inconvenience to yourself, until some other system can be put into operation. And Colonel Mason now directs me to say that he cannot excuse you from these duties, as he knows, from a year's experience in collecting the customs here, that the duties required of you can be performed, when the collector presents his accounts made up for transmission, in any one fore or after noon, and that they involve no keeping of accounts on your part correlative with those of the collector himself. Colonel Mason deems the instructions which have already been sent to you on this subject as sufficiently clear and explicit. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain J. L. FOLSOM, STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, January 21, 1849. GENTLEMEN: The governor has just received the petition of the inhabitants of San Juan Bautista, giving notice of the depredations by the Indians upon the ranchos in that vicinity, and asking that powder and lead may be furnished them for the defence of their lives and property against these depredators, there being no military munitions in the country for sale. They also ask for the election of a local alcalde for the town of San Juan Bautista. The governor therefore requests that you, gentlemen, will give due notice and act as inspectors for such election, and he will issue to the person whom you may select as your alcalde a quantity of powder and lead sufficient for the protection of the people of San Juan and its vicinity, until such stores can be purchased in the country. It will be remembered that all the subordinate alcaldes of the district have concurrent jurisdiction among themselves, and are subject to the decisions of the first alcalde of Monterey. The governor regrets that he has not at present a disposable military force to send in pursuit of the Indians; but he hopes that in a short time the force in this country may be sufficient to prevent any renewal of these depredations. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Messrs ANGEL LEBRIJA, MANUEL LARIOS, JON. VARQUER, San Juan Bautista. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, January 22, 1849. GENTLEMEN: Representations having been made to the governor that the offices of first and second alcaldes of the district of Santa Barbara are vacant, he requests that you will give due notice for an election of alcaldes and such other local or municipal officers as may be wanting in the district, and that you will act as judges and inspectors of such election. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Messrs. Don CARLOS CARRILLO, Don PABLO NOVIEGA, HENRY S. CARNES, Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: I am directed by Colonel Mason to acknowledge the receipt of your letter of 1st instant informing him that the attempt to hold an elec tion in Los Angeles for alcalde had entirely failed, the people having declined to vote, and that in consequence you have continued to act in that capacity. Your resignation was never formally accepted, it being expected that you would continue to act until your successor was elected. You are therefore entitled to the same pay as before; for as no successor has been elected to supply your place, your relations to the government will continue the same, so long as you perform the same duties; and the governor hopes that under the peculiar circumstances you will be induced to continue to act as the first magistrate of your district. Very respectfully, your obedient servant, S. C. FOSTER, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. First Alcalde, Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, January 22, 1849. SIR: I have the honor to enclose herewith a letter for the first alcalde of your district, S. J. Foster, esq.; and I am directed by Colonel Mason to say, that the quartermaster is authorized to pay him, out of the civil funds in his hands, as government interpreter, the same salary as heretofore, the payment to begin at the time at which his salary ceased, under the supposition that his resignation had taken effect, and it will continue so long as he acts as interpreter and alcalde. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Major L. P. GRAHAM, commanding, &c., Los Angeles, California. |