ants of New Mexico, and the gallantry displayed by them in the several engagements referred to, are entitled to high commendation. Very respectfully, your obedient servant, Col. STERLING PRICE, W. L. MARCY, Secretary of War. or officer commanding U. S. forces at Santa Fe, New Mexico. WAR DEPARTMENT, June 11, 1847. SIR: The latest communication from you is your letter of the 30th of January. Although Commodore Shubrick, who sailed from Boston in August, had arrived at Monterey a few days before your letter was written, it does not appear that the despatches from this department, sent out by him, had been received by you. It is sincerely to be hoped that the Commodore's instructions from the Navy Department, and those from this department to yourself, put an end to the much-regretted misunderstanding which had arisen between yourself and the commander of the squadron in the Pacific. These instructions bore date as early as August last, before it was known that you had left the United States, and were prepared in great uncertainty whether you would be able to go beyond Santa Fe until the spring, and what would be the condition of affairs there on your arrival. It was then anticipated that the naval force might take possession of important places on the coast of California some time before a land force could arrive in that country to co-operate with it, and the early instructions to that branch of the service were framed with only a very remote expectation of the presence of a land force. The relative powers and duties of the comnianders of the land and naval forces were not so particularly considered and defined in these instructions as in those of November, sent out by Colonel Mason, of the army, and by Lieutenant Watson, of the navy. In these latter despatches, the views of the government in relation to the operations of the two branches of the service are clearly set forth, and when received, (as they must have been several months since,) it is presumed that all conflict of authority ceased. To the senior naval officer all military operations on water were confided and with them the officers of the army were not to interfere except when the enterprise required the co-operation of the land forces. So, on the other hand, to the senior officer of the army in that country all the operations on land were intrusted, and by him were to be conducted, assisted, if the exigency of the occasion required, by the naval force. When brought together and co-operating for any particular object, the superior in rank according to regulations furnished in previous instructions, would have command for the time being. The views of the President in relation to the temporary civil government of California, in case our arms in that quarter should be so far successful as to render such government expedient, were clearly presented in the despatch of the 5th of November from the Navy Department, and in that of the 3d of the same month from Major General Scott. Though copies of these documents have been forwarded to you since the originals were despatched by Colonel Mason, they are again here with transmitted in the accompanying document of the House of Representatives of the last session, No. 19. Presuming that the difficulties in California have long since been settled in conformity to these instructions, it is not now proposed to make any modification of them. The temporary civil gov ernment in California results from the conquest of that country by our army; the authority for it is not derived directly from the constitution of the United States or any act of Congress, but is the right of war. By the law of nations the conqueror has the right to govern the place or territory of which he has acquired military possession. While in California, Occupying the position of an officer of the army of the United States highest in rank, you are charged by the instructions heretofore sent to you, and here repeated, with the functions of civil governor of the country, as well as with the command of the land forces, either sent out or there organized. When you return-as you are at liberty to do, if the condition of affairs warrants it-both the command of the troops and the functions of the civil government will devolve on Colonel Mason, the officer of the army next in rank to yourself, or on such other officer of the army as may be highest in rank for the time being. It is not intended by what is before said in regard to the functions of the temporary civil gov ernment being in the officer of the army highest in rank, to deny or question his right to invest any other person with the powers and duties of temporary civil governor, nor should such officer find it inexpedient or inconvenient to exercise these powers and perform these duties in person; but in case of such delegation of the functions of temporary civil government, the person exercising them must be subordinate to the commander of the land forces, and removable at his will. The responsibility, as to the military and civil affairs, is with the officer in chief command of the military force. In relation to the collection of revenue at the several Mexican ports in our military occupancy, there are duties devolved on each branch of the public service, or rather a co-operation by them in regard to this matter. It is not deemed requisite that anything more explicit should be said to indicate the respective duties of each than what is contained in the despatches before referred to, of the 3d and 5th of November last. The moneys collected at the ports are to be applied to the purposes of the war, and among these purposes is the support of the temporary civil government. It is expected that this government should be simple and economical, and the expenses of it be brought, if practicable, within the revenues which may be collected in the country, for there are no funds now at the control of the government here which can be devoted to the civil expenses; and whether there will be such hereafter, will depend upon the action of Congress. A communication dated at Ciudad de los Angeles, the 3d of February, addressed by Lieutenant Colonel Fremont to the Secretary of State, has been referred to this department. By this communication it appears that considerable sums of money are needed for the temporary civil govern. ment of California, and other purposes than for the pay, subsistence, &c., of the military force, and that the necessity for them is urgent in regard to the interest of the United States in that country. Congress has made no provision for such a case, and without it the government here cannot meet such a demand. The only resource to meet such an emergency is the one before indicated-the revenues which may be collected in the country. A similar state of things, I presume, exists in New Mexico. It is quite probable that the President will consider it to be his duty to call the attention of Congress to this subject, and ask for appropriations to meet these cases, but it is not reasonable to expect any relief of this kind can reach California much within a year from this time. When the despatch from this department was sent out in November last, there was reason to believe that Lieutenant Colonel Fremont would desire to return to the United States, and you were then directed to conform to his wishes in that respect. It is not now proposed to change that direction; but since that time it has become known here that he bore a conspicuous part in the conquest of California; that his services have been very valuable in that country, and doubtless will continue to be so should he remain there. Impressed, as all engaged in the public service must be, with the great importance of harmony and cordial co-operation in carrying on military operations in a country so distant from the seat of authority, the President is persuaded that when his definite instructions were received, all questions of difficulty were settled, and all feelings which had been elicited by the agitation of them had subsided. Should Lieutenant Colonel Fremont, who has the option to return or remain, adopt the latter alternative, the President does not doubt you will employ him in such a manner as will render his services most available to the public interest, having reference to his extensive acquaintance with the inhabitants of California, and his knowledge of their language-qualifications, independent of others, which it is supposed may be very useful in the present and prospective state of our affairs in that country. It is probable that before this communication is delivered to you, my despatch of the 10th of May last, with the accompanying documents, in relation to collections of duties as contributions at the Mexican ports in our military possession, will have been received. Some modifications in the scale of duties, &c., have since been made. The copy of an order of the President of this date, and a copy of a letter of the Secretary of the Treasury of the 10th instant, which are herewith furnished, will inform you of the character and extent of their modifications, and of the President's approval thereof, which you will cause to be observed and carried into effect. I transmit herewith a copy of a communication addressed to you on the 10th of May, and sent by Mr. Tolar, who proceeded to California by the route across the isthmus of Panama. Very respectfully, your obedient servant, Brig. Gen. STEPHEN W. KEARNY, W. L. MARCY, Secretary of War. or officer of the U. S. Army highest in rank in California, Mexico. WAR DEPARTMENT, Washington, June 12, 1847. SIR: Herewith I enclose a triplicate of the orders of the Secretary of the Navy to the commanding officer of the naval forces in the Pacific ocean, dated June 11, 1847. I am, very respectfully, your obedient servant, Brigadier General S. W. KEARNY. W. L. MARCY. Secretary of War. WAR DEPARTMENT, Washington, June 26, 1847. SIR: I perceive that down to the 1st of April last, the date of a letter addressed by Francis P. Blair to the Attorney General of the United States, some mistaken views still prevailed in New Mexico concerning the civil government there established; and I am, therefore, apprehensive that you are not in possession of my letter of the 11th of January last, relative to that subject, addressed to General Kearny, a copy of which was sent to the commanding officer at Santa Fe. I herewith send you a copy of that letter, as well as an extract of one from the Secretary of the Navy to the commander of our naval force in the Pacific, of the same date, showing the views of the government here in relation to the temporary civil government at the places in our military occupancy. The foundation of the civil government in New Mexico is not derived directly from the laws and constitution of the United States, but rests upon the rights acquired by conquest. I call your particular attention to the fourth paragraph of my letter of the 11th of January, as containing the principles on which the temporary government at New Mexico does, or should rest. The territory conquered by our arms does not become, by the mere act of conquest, a permanent part of the United States, and the inhabitants of such territory are not, to the full extent of the term, citizens of the United States. It is beyond dispute, that on the establishment of a temporary civil government in a conquered country, the inhabitants owe obedience to it, and are bound by the laws which may be adopted; they may be tried and punished for offences. Those in New Mexico who, in the late insurrection, were guilty of murder, or instigated others to that crime, were liable to be punished for these acts, either by the civil or mil itary authority, but it is not the proper use of legal terms to say that their offence was treason committed against the United States; for, to the gov ernment of the United States, as the government under our constitution, it would not be correct to say they owed allegiance. It appears by the letter of Mr. Blair, to which I have referred, that those engaged in the insurrection have been proceeded against as traitors to the United States. In this respect I think there was error, so far as relates to the designation of the offence. Their offence was against the temporary civil government of New Mexico and the laws provided for it, which that government had the right, and indeed was bound to see executed. On two former occasions I have addressed you in regard to Trujillo, who has been convicted of participating in the insurrection, and the exe cution of his sentence suspended, and made known the decided wishes of the President that his punishment should be remitted. Firmness may, under some circumstances, be required as an element of security to the citizens of the United States and other persons in countries conquered by our arms. When such is the case, it should be unshrinkingly exercised; but where a merciful course can be safely indulged, it is strongly commended, as promising, in the end, the best results. Such a course is prompted by the better feelings of our nature, and, on the ordinary principles of human action, cannot fail to promote quiet, security, and conciliation. I would, therefore, suggest that this course be adopted in all the other cases not finally disposed of, so far as considerations of safety will allow. You will, I trust, excuse an allusion to another subject not officially before me: I mean the state of discipline among our troops at Santa Fe. Though I am very far from giving credence to the newspaper accounts in relation to it, they ought not to pass entirely unnoticed, and may be permitted to prompt a caution on that point. As commanding officer, you cannot err, in an isolated situation like. yours, in enforcing the most rigid rules of discipline. The welfare of the men composing your command, as well as its safety and the interest of your country, committed to your custody, require that the most careful attention should be given to this important matter. Though all should be quiet around you, and danger seem to be afar off, you should not, on that account, relax your vigilance or the rigid observance of discipline required in a state of war, with an enemy in the neighborhood. · Very respectfully, your obedient servant, Colonel STERLING PRICE, Commanding U. S. forces, Santa Fe, New Mexico. W. L. MARCY, Secretary of War. WAR DEPARTMENT, Washington, October 13, 1847. SIR: In instructions dated 10th May last, sent to General Kearny, then in California, it was stated that vessels engaged in the trade with California, which left home in the United States before the commercial regula tions of April last issued, would be required to pay duties at each port on only so much of their respective cargoes as might be landed at such port. It has been determined that this permission should extend to vessels, American or foreign, without regard to the time when they sailed. You will, therefore, direct those who are employed by the authority of the commanding officer of the land forces in California, to conform to the above modification. I herewith send you an extract of a letter from the Secretary of the Treasury to the United States collector at Boston, directing the manner of executing the regulation in regard to this subject. I am, with great respect, your obedient servant, Colonel R. B. MASON, Commanding U. S. Army in California. W. L. MARCY, Secretary of War. |
