from Santa Barbara, bearing a letter from the alcalde, Luis Carrillo, with copies of his correspondence with you, copies of which I enclose herewith. These letters and papers show that, at the instance of Lieut. Huddart, of your command, the two men, Guerrera and Ruiz, were charged before the alcalde with having insulted the women, were arraigned, and a fair, open trial begun, and had proceeded so far as to prove, by the witness produced by the women themselves, that the only insult offered was in the use of words "asking a kiss," when the alcalde notified you that there was not sufficient testimony to warrant conviction; and you took the case out of his jurisdiction.

In reviewing these facts, the Colonel Commanding sees a desire on the part of the alcalde to do substantial justice, and, upon a fair, open trial, to make such a decree as the evidence would require.

His notifying you that the testimony was not enough to produce conviction, shows that he desired you to produce other and better. There does not, therefore, appear to be any reason for the interposition of martial law, as the acknowledged court was capable and willing to redress the grievance, if the proper testimony could be procured.

I am assured that the practice in Mexican courts is the same as our own; that a prisoner cannot give evidence in court in favor of himself, though his denial of the charge forces the plaintiff to establish every part of it by sworn facts. It is presumed you will find that, in this case, the alcalde has not departed from this well-established practice.

You will therefore discontinue your proceedings against Guerra and Ruiz, and notify the alcalde of it, that he may resume their trial.

The stealing a reáta from one of your men by a Californian is deemed too trifling a case to call for martial law. Release Señor Ruiz, and let the soldier sue him before the alcalde. Martial law was declared in Mexico as a matter of necessity. In California it is proclaimed as a preventive code, to come into full operation when the present courts are interrupted by accident or outbreak, and to supply the defects in the articles of war, so as to prevent soldiers from trampling upon the rights of citi zens, which would necessarily produce disaffection. It was not designed, by the publication of orders No. 36, to interfere with the alcalde's jurisdiction in petty cases where soldiers are interested, but merely to make citizens amenable to military tribunals for high crimes against any person serving with the army of the United States.

Colonel Mason desires you to do all in your power to restore harmony, and to allay the ill-will that seemingly exists between your command and the citizens of Santa Barbara.

I have the honor to be your most obedient servant,

Capt. F. J. LIPPETT,

W. T. SHERMAN,

1st Lieut. 3d Artillery, A. A. A. General.

Commanding, Santa Barbara, California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Mon crey, California, August 25, 1847. SIR: Governor Mason directs me to acknowledge the receipt of your communication of August 16, and to inform you that he has instructed Captain Lippett to discontinue proceedings against Juan Bautista Guerrera and José Antonio Ruiz, that you may resume your jurisdiction over these

two men, and punish them as they deserve, if fairly convicted of having insulted the women.

Señor Ruiz is also ordered to be released, that he may be tried by you for having stolen the reáta.

Your authority as alcalde, in all cases between citizen and citizen, is the same as it was under the Mexican law. But when a soldier is concerned, then the military law must have precedence, so long as war exists between the republic of Mexico and the United States, unless, in special cases, this precedence is yielded by the military governor.

In California Governor Mason is ready to yield the jurisdiction over minor cases to alcaldes, when he has reason to believe they are influenced by the proper motives of justice and probity.

Believing that you are thus influenced, he has given the orders before referred to.

I am, with much respect, your obedient servant,

W. T. SHERMAN,

1st Lieut. 3d Artill ry, A. A. Adjt. General.

Don LUIS CARRILLO, Alcalde of Santa Barbara.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, August 28, 1847. SIR: Mr. Thompson has presented to Colonel Mason his claim to a lot of ground in San Francisco, as also his correspondence with you upon the subject.

His title is not considered good, but it will be submitted to the United States government for their action when California shall become a Territory of the United States.

In the mean time, he can use the house on the lot, if not prejudicial to the interests of the public service at San Francisco.

Mr. Thompson says that the ground is at present so lumbered up with gun carriages, &c., that he cannot approach the house. As it is supposed you are now removing that property, it will be well to remove such of it first as will open a way to the house.

I have the honor to be your most obedient servant,

Major J. A. HARDIE,

W. T. SHERMAN,

1st Lieutenant 3d Artillery, A. A. A. Gen.

7th Reg't N. Y. Vol., commanding, San Francisco.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, September 6, 1847. SIR: Your letter of the 2d instant reached Colonel Mason the evening before last; six days had then passed since the Indians had succeeded in driving off Captain Fisher's horses, and it was therefore too late to pursue them from this place. An expedition will start for the Tulares as soon as it can be fitted out, to look after these thieving Indians, and to adopt such measures as may check for a time their depredations.

The people of every neighborhood or district, however, the moment they hear of the Indians stealing or attempting to steal a lot of horses, should collect together, pursue and kill them, or at least show them that a pursuit was made. You may tell the people of your district, that if they catch Indians in the act of stealing or attempting to steal their horses,

they should shoot them; but if they are merely loitering about, then to send them to the nearest alcalde, who will judge whether they be quiet. Indians or hostile thieves.

Regulations are being now issued through all California for the Indians. belonging to pueblos, settlements, or ranches, to receive from their employers, or the alcaldes of their districts, papers, which they must keep about their persons, so that all others who are found without such papers will be treated as horse-thieves and enemies.

I have the honor to be your most obedient servant,
W. T. SHERMAN,

1st Lieut. 3d Artillery, A. A. Adjt. General. JOHN BURTON, Alcalde, Pueblo de San José.

ད

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, October 7, 1847.

SIR: I returned from San Francisco yesterday, and found here Mr. Toler, with despatches from Washington, the receipt of which I have the honor to acknowledge. I am also informed by Commodore Shubrick that the sloop-of-war Preble is ready to sail for Panama, with Passed Midshipman Wilson, as bearer of despatches for the United States. I therefore avail myself of the opportunity to send you my letter of the 18th of September, with its several packages, and now have to communicate the result of my visit to San Francisco.

The

I found the town flourishing and prosperous, with a busy, industrious population of Americans, and refer you to the copies of my military correspondence for the steps adopted to give them a good town government. The bay of San Francisco, you are well aware, is a spacious, elegant harbor, susceptible of the most perfect defence; but as yet nothing has been done towards fortifying it, or even placing any of the heavy guns in position at the old fort. It is found almost impossible to get much work out of the volunteers; and all that I can now expect of the two companies of Major Hardie's command will be to improve their quarters at the 'old presidio. This they are at present engaged upon, using lumber made at the horse saw-mill, under direction of the assistant quartermaster, Captain Folsom. All this labor is done by the volunteers, so that the improvements will be made at very little expense to the government. price of lumber at San Francisco is $50 per M.; but Captain Folsom says that he has it sawed and delivered, by the labor of the volunteers and his own machinery, at about $16. The mill is placed in the timber known as the Red woods, near the mission of San Rafael, on the west and north side of the bay, where any amount can be had. If the gov ernment designs to erect permanent structures to any extent in this country, it would be advisable to send out a steam engine, with all the necessary frames and iron-work to adapt it to immediate use in connexion with the saw and grist mills now in possession of the quartermaster's department here. The site at present selected by Captain Folsom is well adapted, as easy water communication is had with the San Joaquin and Sacramento rivers, as well as the ports of the country south of San Francisco.

At San Francisco I found all the powder, arms, accoutrements, and perishable ordnance property well stored in a building prepared for the purpose at the presidio barracks; but the guns, mortars, carriages, shot, and shells are in the town in the open air, protected by paint alone.

The great difficulty of hauling such articles over the rugged hills between the town and presidio will prevent their being hauled to the latter place this season.

I did design to continue my tour of inspection to Sonoma and the Sacramento river, but was recalled by hearing of the arrival of the bearer of despatches at Monterey.

When on my way up to San Francisco, I was overtaken by Captain Brown, of the Mormon battalion, who had arrived from Fort Hall, where he had left his detachment of the battalion to come to California to report to me in person. He brought a muster-roll of his detachment, with a power of attorney from all its members to draw their pay; and as the battalion itself had been discharged on the 16th of July, Paymaster Rich paid to Captain Brown the money due the detachment up to that date, according to the rank they bore upon the muster-rolls upon which the battalion had been mustered out of service. Captain Brown started immediately for Fort Hall, at which place and in the valley of Bear river he said the whole Mormon emigration intended to pass the winter. He reported that he had met Captain Hunt, late of the Mormon battalion, who was on his way to meet the emigrants and bring into the country this winter, if possible, a battalion, according to the terms offered in my letter to him of the 16th of August, a copy of which you will find among the military correspondence of the department.

In my letter offered Captain Hunt the command of the battalion, with the rank of lieutenant colonel, with an adjutant; but I find, by the orders lately received, that a battalion of four companies is only entitled to a major and acting adjutant. I will notify Captain Hunt of this change at as early a moment as I can communicate with him. I am pleased to find by the despatches that in this matter I have anticipated the wishes of the department.

Last season there was a great scarcity of provisions on the coast of California; but when the stores are received that are now on their way, there will be an ample supply for the coming winter. The crops in this country have been very fine this season, and at present wheat is plentiful and cheap at San Francisco. Beef is also plentiful. Beans can be purchased at the southern ports, and sugar imported from the Sandwich islands; but for all other subsistence stores we are dependent upon the South American ports or those of the United States. I have directed Captain Marcy, acting commissary of subsistence at this post, to supply the chief of his department with the market prices of all kinds of provisions, with such other facts as may enable his department to act with the proper economy. The want of good clothing for the regulars and volunteers is already felt in California; and unless a supply has already been despatched, many of the garrisons will be without shoes and proper clothing this winter. The price of such articles here is so exorbitant as to place them beyond the reach of the soldier. The volunteer clothing brought by sutler Haight has already been disposed of to citizens and soldiers, and there are no means of his renewing the supply except by sending to the United States. Justice to the soldier demands that he either be comfortably clad by the government, or that it should be within his power to clothe himself on the allowance provided for that purpose by law.

I respectfully recommend, if it has not already been done, that a large supply of infantry undress winter clothing be sent immediately to this country, to be distributed, so as to enable each volunteer to purchase for

his own immediate use at cost prices. No summer clothing is needed, as the climate is too severe, summer and winter. Such articles as good blankets, cloth overcoats, caps, jackets, overalls, stockings, and shoes, with stout shirts and drawers, are the only ones that will ever be needed here. General order No. 10, of 1847, promotes Lieutenant Loeser, 3d artillery, and orders him to join his company. I regret that at this moment his services cannot be spared, and I am compelled to retain him on duty with company F, 3d artillery, because the absence of Captain Tompkins, the death of Lieutenant Minor, and Lieutenant Sherman being detached as acting assistant adjutant general, has reduced the number of officers of that company to but two-Lieutenants Ord and Loeser. I trust that the two companies of regulars in this country will be kept with a full supply of officers, that an officer, upon being promoted, may be enabled to join the army in the field, and participate in the active operations to which he looks for distinction and experience.

Captain H. M. Nagle, 7th New York volunteers, with a strong detachment of his company, is now absent in pursuit of Indians in the valley of the San Joaquin. He has with him Lieutenant Burton's company of California volunteers, which is expected to return to Monterey before the end of this month; in which case I shall cause it to be mustered out of service and discharged on the 31st day of October.

Again I have to report the death, by sickness, of an officer of my command-Lieut. C. C. Anderson, 7th New York volunteers, who contracted a fever when on duty at Fort Sacramento, and died in consequence at San Francisco on the 13th of September. He was buried with military honors by the troops at San Francisco, under direction of Major Hardie. This death reduces the number of officers in Captain Brackett's company, 7th regiment New York volunteers, to one captain and one second lieutenant. Commodore Shubrick will sail for the west coast of Mexico from this harbor next week; and having made application to me, I have directed Lieutenant Halleck, of the engineer corps, to accompany him, and shall give Lieutenant Colonel Burton, in command at La Paz, Lower California, authority to accompany Commodore Shubrick, should the latter design an attack upon any point or points of the west coast of Mexico, with orders, of course, to resume his position at La Paz as soon as the object is accomplished for which his command is desired. Colonel Burton will be directed to leave a sufficient number of men at La Paz to keep the flag flying. It affords me much pleasure to assure the department that the most perfect harmony subsists between the members of the naval and land forces on this coast, and that the most friendly intercourse is kept up between the officers. I have had frequent occasions myself to ask assistance of Commodores Biddle and Shubrick, and my requests have been. granted with promptness and politeness; and in return I have offered them all the assistance in my power. Our consultations have been frequent and perfectly harmonious, resulting, I hope, in the advancement of the common cause of our country.

I transmit here with the post returns of Monterey for September, and copies of department orders and correspondence from September 13 to October 8; also, files of the Californian and Star from September 4 to October 2, 1847. I have the honor to be your most obedient servant,

R. B. MASON, Colonel 1st Dragoons, commanding.

To General R. JONES, Adjutant General, Washington, D. C.