nia, and I very much regret that these instructions deprive you of the office of collector at San Diego. You, who have been so staunch a friend to the United States' interests in this country, deserve the thanks and patronage of the government, and I will take pleasure in mentioning your name in the most favorable manner to our authorities at Washington. Should any change in the above-mentioned instructions be made by the department in Washington, or any circumstances arise in California by which I can restore to you the appointment of collector at San Diego, or in any other manner be serviceable to you, it will afford me much pleasure. The instructions referred to will be shown to you by the commanding officer at your post, to whom be pleased to turn over all books, papers, property, and funds appertaining to the customs in your possession. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Don Miguel DE PEDRORENA, San Diego. NOTE. This same letter was addressed to Don Pedro Carrillo, Santa Barbara. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your communication, without date, reporting the trial and conviction, by a jury of twelve good and lawful men, of Chute, for manslaughter in the first degree, is received. A similar case was tried here, not long since, I am informed, by the alcalde of this place, and the accused was found guilty and sentenced by him to seven years at hard labor on the public works. I see no reason why you should not pass on Chute a sentence not exceeding in severity the one just named. If you have no good place of confinement, or any public work at which he might be placed at the pueblo, he might, after sentence is passed on him, be sent here, where there is a good calaboose, &c. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. JAMES W. WEEKS, Alcalde, Pueblo de San José. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 26, 1847. SIR: I enclose the manifest, and a translation thereof, of the brig "Keone Ana," from Lima. This manifest appears, from its date, to have been made out at this port. The captain must produce the manifest and invoice called for in the 2d and 7th articles of the printed instructions. They of course will not be in exact accordance with those articles, as it is supposed they might not have been known at Lima when he sailed; but still he must necessarily have papers made out and signed by the custom-house officers, and others there corresponding to them, and he must produce them. The value of the articles at the port of shipment, mentioned in the 7th article, is of no moment here, as we charge duties by the valuation at the port where the goods are sold or landed. I am satisfied, by his presenting a manifest made out here, and not the one nor the invoice made out at the port from whence he sailed, that it is necessary to watch him close, and keep an account of everything he lands. I am, rsepectfully, your obedient servant, Lieut. Com. LANMAN, R. B. MASON, ornia. Colonel 1st Dragoons, Governor of California. United States Ship Warren, Monterey, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 28, 1847. SIR: Your letter of the 18th, and Lt. Gilbert's communication of the same date to you, have been received. You will observe, by reference to my letter of the 14th, that I referred the subject-matter of yours of the 8th to Commodore Shubrick : this I did because it was appertaining to that branch of the service which, under previous instructions, the President had placed under the direction of the commodore, (see port regulations, revenue, &c.,) and my letter was the result of the conference we had upon the subject. As the recent instructions (the printed ones) from Washington make it the duty of the army and navy officers to collect the revenue, I think that, upon all questions that may arise in the discharge of those duties that require a decision from a superior officer, reference must be made to the senior army or naval officer on the California station, according as the revenue may be collected in the port by the one or the other of the officers of the army or navy, under the supervision of their respective chiefs. The commodore and myself were of the opinion that the boats and goods of Mr. Leidsdorff were properly seized, &c., simply on the ground of landing without a permit; but we were not disposed to push the matter, if the goods were bought and landed upon the spur of the occasion, as was tated, and with the full intention of reporting the fact and paying the luties; but as it appears that most of the articles so landed were not on he ship's manifest, and that other parts of the cargo, from the same ship, ad been previously landed without a permit and payment of duties, and which have since been found in Mr. Leidsdorff's store, the complexion of he whole affair becomes so materially changed, that, upon a careful reconsideration, I must direct the rigid rule to be applied, and the goods to be confiscated. But I cannot find any regulation that will confiscate the boats. The 7th article of the printed regulations confiscates goods landed or attempted to be landed without a permit, but it is silent about the boats in which the goods may be so landed. The boats in question, therefore, must be returned, as we cannot point to any regulation under which to confiscate them. Lt. Gilbert's claim to one-half of the goods seized is utterly inadmissible as well might he claim the reward for apprehending a deserter. He is an officer specially put on duty in connexion with the collection of customs, and it is his special duty to look out for and detect any violation of the revenue laws for the performance of which service, his pay and emoluments as a commissioned officer in the army are all that he is entitled to. The regulation on that subject never was intended to apply to a commissioned officer-only to enlisted soldiers, sailors, or citizens, who give to the revenue officers such information as enables them to seize and confiscate the goods, &c. It is true the regulations make no exception of the commissioned officer, nor does the regulation that offers thirty dollars reward for the apprehension of the deserter ex cept the commissioned officers; but who ever heard of one claiming it? and if it was claimed, what disbursing officer would pay it? and if he did pay it, would it not very properly be charged to his account at the treasury? I am, respectfully, your obedient servant," Captain J. L. FOLSOM, Colonel 1st Dragoons, Governor of California. Assistant Quartermaster U. S. A., San Francisco. P. S. A negative answer is given to your question, "Is it necessary to go before the alcalde to complete the forfeiture of the goods?" HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 28, 1847. SIR: The points presented in your letter of the 22d instant, relative to additional duties at the different ports in California, and duties on lumber, have been anticipated in the instructions sent to you to be printed. I will give a special license to vessels under a foreign flag, that are owned by citizens of the United States now residing in California, as also to citizens of California who actually reside in the country and own vessels under such flag, to trade on this coast, until the subject can be referred to the authorities at Washington and a decision had thereon. The growth, produce, or manufactures of California, shipped from one port in California to another port in California, will be free of duty. If it is not too late, have this printed with the other instructions. I am, respectfully, your obedient servant, Captain J. L. FOLSOM, R. B. MASON, Colonel 1st Dragoons, Governor of California. Assistant Quartermaster U. S. A., San Francisco. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 28, 1847. SIR: I cannot give the alcalde at the pueblo de San José instructions to retry the case you mention, as it has already been tried and decided by his predecessor in office. Were I to do so, there would be no end to suits. Every one who was cast in a trial would be for having his cause tried over again, whenever a new alcalde came into office. I am, respectfully, your obedient servant, R. B. MASON, nia. Colonel 1st Dragoons, Governor of California. J. J. VIRJET, San Francisco. Know all men by these presents, that I, Richard B. Mason, colonel 1st dragoons and governor of California, by virtue of authority in me vested, do hereby appoint Andrew Hoppener second alcalde for and in the town and district of Sonoma, in Upper California. Done at Monterey, the capital of California, this 28th day of October, 1847, and the 72d of the independence of the United States. R. B. MASON, Colonel 1st Dragoons, Governor of California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, October 29, 1847. SIR: Your communication of the 18th instant has been duly received. I will appoint any one alcalde at San Luis Obispo that the good people of that district will sign a petition for. I am, respectfully, your obedient servant, J. MARIANO BONILLA, R. B. MASON, Colonel 1st Dragoons, Governor of California. Alcalde, San Luis Obispo. HEADQUARTERS TENTH MILITARY DEPARTMENT, Sir: I received your communication of the 5th instant, and the depositions in the case of the Indian, Anastacio Ruiz, charged with killing another Indian named Guadalope. You will send the prisoner back to Don P. E. Duarte, at San Vicente, with the enclosed communication to his address, which is left open for your perusal. Seal it and send it to him when you send the prisoner. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Lieutenant ROBT. CLIFF, Alcalde, San Diego. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your communication of the 17th of August of the present year' to the first magistrate of the first instance at San Diego, and all the depositions in the case of the Indian, Anastacio Ruiz, charged with the murder of another Indian named Guadalope, have been sent to me for my decision. It does not appear from these papers that Anastacio Ruiz has been subjected to any legal trial, where his guilt or innocence could be passed upon, but simply depositions taken, and nothing more; nor does it appear that the accused was present at the taking of said depositions, or had any opportunity of interrogating the deponents, or allowed to call any witnesses whereby to exculpate himself. A man charged with any crime is entitled to all these privileges before he can be found guilty and punished. I shall direct the prisoner to be returned to you: you will then cause twelve good men to be summoned for his trial, the prisoner to be allowed to object to any four of them, without assigning any cause, if he thinks proper to do so. He may then object to any other of those remaining, by assigning good and sufficient cause why they should not sit on his trial.' Any of the men being thus objected off, their places must be supplied by others, until there are twelve impartial men obtained, who, after being duly sworn, will hear all the testimony both for and against the prisoner; the prisoner to be present, and to be allowed the benefit of the counsel and advice of any one he chooses, and to hear all that is said both for and against him, and to interrogate the witnesses, so as to bring out the whole truth. The alcalde to preside at the trial. If the twelve men unanimously find the prisoner guilty of the murder of Guadalope with malice aforethought, then he should feel the full penalty of the law, which is death; but if he killed him in a sudden affray, in the heat of passion, upon great provocation, then he is not subject to the punishment of death, but to imprisonment and labor on the public works for a term not exceeding seven years, according to the nature and degree of the offence. If he killed Guadalope in self-defence, or in the defence of any member of his family, then he should be found "not guilty," and acquitted. Í am, respectfully, your obedient servant, I R. B. MASON, Don E. P. DUARTE, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 1, 1847. SIR: In examining your returns of customs, &c., collected at the port of Santa Barbara for the second quarter, ending June 30, 1847, I find a discrepancy in the amount that you return as having received for anchorage dues, visits, and clearances. It appears from these returns, that the Peruvian barque Joven Guypuzcoana, which registers 201 tons, cleared twice: her tonnage dues, at five cents per ton, would therefore amount to $20 10. The Danish brig Matiedor, of 130 tons, at the same charge, should have paid $6 50; and the Hawaiian schooner Mary Ann, of 57 tons, $2 85; making in the aggregate $29 45, which should have been properly charged for tonnage dues. Instead of this, your return of the total amount received for the same item is $12 90, a deficiency of $16 55. Again, you return the total amount of fees received for visits and clearances at $10. It appears from the same returns that there were four clearances and three visits, which would have made the proper charge for this $14; another deficiency of $4. By these calculations, you should have collected $43 45; whereas you |