and I am informed here-but do not vouch for the fact, as the truth is har to get at that part of the road he has located is now at the bottom of a lake, sixty feet under water. Before anything is done, the route must be examined by scientific engineers in the wet season-viz: from May to December-and especially in the fall, when the waters have accumulated. No works can be relied on until those who place them have witnessed the extraordinary fall of water and most rapid and exuberant vegetation. My baggage and papers are still on the road; but I seize an opportunity that offers to write on this subject, in order that any legislation on it may admit of the choice of different routes and different means, to be decided on good and exact information. With sincere respect, your obedient servant, Hon. W. L. MARCY, Secretary of War. PERSIFOR F. SMITH, Brevet Major General U. S. Army. As I was about leaving New Orleans, I received an order directing ac counts to be rendered of moneys collected in Mexico. Money was collected and disbursed under my authority in the city, for public purposes, of which accurate accounts were kept. These were in my trunks of papers sent from Vera Cruz, and I have brought them along, for the purpose of obeying the order. When they arrive, I will hasten to comply with it. I have had no access to my baggage since it went on board of the Falcon, at New Orleans. It has consequently been impossible to come within the ten days' limitation of the order. Yours, most respectfully, PERSIFOR F. SMITH, Brevet Major General U. S. Army. We have no news of the steamer from Cape Horn. PANAMA, January 18, 1849. SIR: Since I had the honor of addressing you last from this place, I have been detained waiting for the steamer, which arrived yesterday. Her voyage has been very satisfactory to those interested in her, and the passengers speak in high terms of all the arrangements on board; so that it may be confidently expected that the branch of the service between this and the mouth of the Columbia river will be most promptly and effectu ally performed as soon as the damage done to the other boat shall have been repaired, and she and the Oregon arrived at their stations. But very little use can be made of this route for any other purpose but carrying intelligence, until the road be made across the isthmus. I have already expressed the opinion that Chagres will not answer for one of the termini: it is not a good port. Another vessel has been lost in attempting to enter it, since I last wrote. As a road from this to Puerto Bello crosses the Chagres river where it is navigable, it may be well to make the road between this and that crossing first, and use it and the river and port of Chagres until the rest of the way is finished to Puerto Bello. But 1 am certain that no commerce on it will be secure until that harbor be reached, unless another project be adopted of making a breakwater in Simon bay, which will make it a good harbor. Every one of my party has been attacked with fever since coming up the river, except myself; all have recovered except Lieutenant Gibbs, who is now better, but not free from the fever entirely. I learn from many sources that there is a great emigration of people of all nations to California, and that many are going off with large quantities of gold. On my arrival there I shall consider every one, not a citizen of the United States, who enters on public land and digs for gold, as a trespasser, and shall enforce that view of the matter if possible, depending upon the distinction made in favor of American citizens to engage the assistance of the latter in carrying out what I propose. All are undoubtedly trespassers; but, as Congress has hitherto made distinctions in favor of early settlers, by granting pre-emptions, the difficulties of present circumstances in California may justify forbearance with regard to citizens, to whom some favor may be hereafter granted. But an indiscriminate rush of adventurers of all nations will give a very bad foundation for society; and such a class will be very apt to put themselves under the lead of any one whose views are opposed to the formation of a regular government, and to submission to the laws of the United States. No confidence can be placed in the regular troops, and, unfortunately, most of the men of the 2d infantry are recruits, and the order directing all who had not three years to serve to remain and be replaced by fiveyears men removed most of the non-commissioned officers, so that little dependence can be placed on them. To carry out the views of the ernment when they are known, or its interests as far as I can foresee them, great dependence must be placed on the well-disposed citizens who may be found there; and, to engage their co-operation, their own interests must be involved to at least some extent. gov The mere loss of so much gold carried off I do not estimate so great a misfortune as the introduction of the worst kind of population, and the probability of their combining together to resist the introduction and the regular administration of laws and government. With all the expedients that may be adopted on the spot, nothing can effectually answer the end but the organization of a regular government by Congress. Of this, I suppose, there is no hope this session. I am only afraid that, before the next, some evil past remedy may come into existence, and render the organization of a government, when it shall be provided, difficult, if not impossible. From the difficulty expected in getting transportation across the isthmus, I required of the quartermaster, Captain Elliott, to provide transportation for the officers under orders on the route. In explanation of all this, I have written to General Jesup to-day. My aid, Mr. Gibbs, being sick, and having no one to help me, I cannot copy the letter in time to have it ready for Lieutenant Lenman, of the navy, to whom I commit this. May I beg leave to refer you to that letter for that purpose, as well as my relation to other points. The California will not probably leave for eight days. The number of passengers now here, bound for California, is about four hundred. From all I can learn of California, I do not see how it is possible to live there. I foresee the greatest difficulties, even in the ordinary affairs of life. The stories you will hear of the most extraordinary state of affair there, while strictly true, will be incredible. With the sincerest respect, your obedient servant, Hon. W. L. MARCY, PERSIFOR F. SMITH, Brevet Major General United States Army. Secretary of War. PANAMA, January 26, 1849. SIR: We are still here, waiting on the steamer. She has been here since the 17th; but I cannot learn when she will be ready to go. There will be a great deal of distress among many persons who have arrived here from the United States. There they were told the expenses of crossing the isthmus would be from 18 to 25 dollars. It has cost many $250; and, instead of finding the boat ready to receive them, they have spent nearly a month at most expensive rates of living. But I see no way the government can relieve them, unless some of its agents be authorized to employ these people and transport them to California, in case there should be public works or employments there authorized by law. I am sorry any troops are going there; the men will all desert. Some of the oldest and most trusty marines, with their non-commissioned officers, have deserted from the British men-of-war in a body-a thing, these officers say, hitherto unknown. The only thing to depend on there will be the emigrants from the United States. Those who are here are of a very good class; but I am informed that ships loaded with all the rabble of the Pacific ports are on their way there. All that is necessary to give a proper direction to the love of order and law so general among our citizens, is the regular institution of proper tribunals for enforcing the law. If Congress will not (and I suppose they will not) organize a government for the Territory, would this not annex California for the present as a judicial and collection district to Oregon, and so grant subordinate officers of the revenue at San Francisco, and let terms of court be held in each Territory every six months, for three months each, beginning with California? for Judge Bryants will probably be still there when the news of such a law arrives. What an excellent appointment his was! I wish he were to remain in California. I wrote to the consul here, desiring him to communicate it to the other consuls on the South American coast, that the laws of the United States forbid trespassing on the public lands, and that, on my arrival in California, I would enforce this law against persons not citizens— alluding to the bands of plunderers organizing all along the coast for taking possession of the mines. I will do all I can to enforce the law; but that will be confined, at the furthest, to arresting them, if I have the means, and confining them until courts are organized to try them. I have been and am still confined by an inflammation of the eye, from which I suffered after entering the city of Mexico, and write with great pain. As soon as I am able, I will report officially through the adjutant general. As I have done this (relating to trespasses) without instructions, the governor is not answerable for it, and can disavow it with I have not, out difficulty, if it be found fault with on good reasons. however, forbidden any one from going to California; I have only threatened foreigners with the law, if they infringe it. The value of California and Oregon has not begun to be appreciated in the United States. Their commerce with the countries of this ocean will in 20 years astonish the world. It will produce as great an effect in developing the resources of the old Spanish colonies (now republics) as it will in any other particular-resources which the remote position of these countries hitherto has permitted, if not caused, to lie hidden. The importance they will assume in future demands of our government that the ministers and consuls sent to the Pacific coasts and seaports should be men capable, not only of foreseeing the improvement, but of so connecting it with us that we may lose none of the advantages it may, offer us. I hope liberal appropriations may be made for exploring these Territories, (Oregon and California,) and for making a good wagon road or two in each. One may very easily be made from San Diego to San Francisco, and from San Diego over to the mouth of the Gila; one from San Francisco northward to the headwaters of the Willamette, with a branch off northeast; and one direct to the Columbia 'river; and one over the mountains eastward from San Francisco towards the Salt Lake. In establishing posts for collecting revenues, or posts of any kind, on the bay of San Francisco, it would be well not to designate the particular point on the bay, but to leave that to be selected, subject to the approval of the government. I learn from our own and foreign officers that there are many points on the bay far more proper than the town of San Francisco; but that people interested there are active in getting an additional value given to their property, by getting the public establishments there. It has one great defect: that it is nearly cut off from the main land, instead of having its rear open to the country dependent on it. Nearly all the officers who came here have been sick with fevers taken. in the Chagres river. They are all recovering, except Lieutenant Williamson, of the topographical engineers, who is still confined to his bed. With the sincerest respect, your obedient servant, Hon. W. L. MARCY, PERSIFOR F. SMITH, Brevet Major General U. S. Army. My aid, Lieutenant Gibbs, having been very sick, having no clerk, and suffering much from my eyes, I have not been able to copy my letters. May I ask the favor that some one who has time may copy for me this and the preceding letters addressed to you and the quartermaster general, and send me the copies. I shall be able hereafter to have Mr. Gibbs's services for' that purpose. P. S.-The gentleman who carries this may go to Washington--Mr. Thorn. He has lived many years in South America, and can give a great deal of useful information. MAZATLAN, February 15, 1849. SIR: The steamer California, the first of the Pacific mail line, arrived here this morning, fourteen days from Panama. We have about 350 passengers on board. I find that large numbers of persons from the coasts of South and North America, on the Pacific, are flocking to California to seek for gold. Many expeditions are fitting out in Mexico by people of large capital for the same purpose, and all have the intention of bringing the gold away. The amount of that metal already collected is variously estimated at from four to nine millions of dollars. I do not think it can exceed four and a half millions; but of that, four millions have gone to other countries than the United States; and those who go from these parts have no design of remaining. I shall endeavor to enforce the laws against trespassers on public lands, at least as far as regards such persons. But to do this I must rely upon the co-operation of those who are citizens of the United States. And I can do no more than arrest offenders and hold them until tribunals are constituted to try them. The troops who are coming out will all desert immediately on their arrival. If I can have the means of communicating with them before their arrival, I shall post the largest part of them at San Diego, as being further from the scene of attraction and nearest the frontier. All vessels going to San Francisco lose their crews. We saw a brig in San Blas, yesterday, which pays $300 a piece to her men to come there and return to San Francisco, and only procured them because the rainy season and showers had driven the people from the gold mines. Every thing will be, of course, in great confusion there, and I find some persons going out armed with Colonel Benton's letter to set up a government for themselves. I conceive myself armed with no civil authority, but shall deem it my duty to see that the laws of the United States are not infringed if I can prevent it. But nothing effectual can be done to secure the interests of the United States until a territorial government be organized and laws passed to dispose of the public lands. There are a great many false and insufficient titles to land in existence in California; and in the organization of the land office and appointment of officers, great care must be exercised to prevent the loss of the greater part of the public lands there. Just as the American flag was hoisted there, many improper grants were made by the local authorities, which were never confirmed, and could not be. We expect to start this evening and to arrive at San Francisco in twelve days. With respect, your obedient servant, PERSIFOR F. SMITH, To the Hon. SECRETARY OF WAR. [No. 1.] HEADQUARTERS PACIFIC DIVISION, SIR: On the 28th of February last I arrived at San Francisco in the steamer California from Panama; it was not until the 10th instant that I |