enter by the United States invoice, and sell by the one from the islands. I did not learn all this until after she had sailed. Others will doubtless attempt the same thing. I am, respectfully, your obedient servant, Captain J. L FOLSOM, R. B. MASON, Colonel 1st Dragoons, commanding. Assistant Quartermaster, U. S. Army, San Francisco. A copy of the above letter has been furnished to the commanding of ficers at Santa Barbara and San Diego, and to the collector at San Pedro, for their information and government. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 28, 1848.;、 SIR: I enclose to you a communication, dated on the 10th instant, from H. A. Green and the attorney of Mr. West, from which it would appear that the trial he speaks of took place some months since, and an appeal was granted, when there were not courts to appeal to, though granted under, an impression that there would soon be; and, as there are yet no such courts, I see no other way than to dismiss the appeal, or try it anew before a jury, if it was not so tried in the first instance. I know nothing of this affair beyond what is contained in Mr. Green's letter. The above are, therefore, mere suggestions, leaving you to dispose of the case as you think proper, knowing more of it than I do. I am, respectfully, your obedient servant, L. H. BOGGS, R. B. MASON,. Colonel 1st Dragoons, Governor of California. Alcalde, Sonoma, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 29, 1848. SIR: I have to acknowledge the receipt of your letter of the 17th instant. An, affidavit from yourself and the alcalde referred to in your said letter as to the facts therein set forth, together with the certificates of Captains Hunter and Davis, herein returned to you, will, I think, with the accounting officers, give you a credit for such property as you can clearly make appear was stolen during your absence; but the law has placed the settlement of accounts of officers in the quartermaster and commissary's departments in other hands than mine, and therefore they are beyond the scope of my power or authority. I am, respectfully, your obedient servant, ROBERT CLIFT, R. B. MASON, Colonel 1st Dragoons, commanding. Late lieutenant in Mormon company, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 29, 1848. SIR: I have examined the papers you handed me two days since, and have borne in mind the verbal representations you made on presenting them, but I do not see that I can take any action in the matter. When parties agree to submit their cases to the decision of arbitrators, they are bound to abide by whatever decision is made, whether that decision be right or wrong. The very fact of the parties referring their case to arbitrators for final and amicable settlement, shows that confidence was reposed in their integrity and judgment, and that the parties stand pledged to abide the verdict. Were I to exercise a stretch of power that in fact I do not possess, as to molest or disturb the decision of your abitrators, I should be establishing a precedent fraught with evil consequences.. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Mr. J. F. REED, present. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 29, 1848. SIR: I have read the papers, dated on the 15th of the present month, that you sent me. I have enclosed them to Colonel Stevenson, at Los Angeles, who will see that your case is attended to. Go to the Pueblo de los Angeles, and see him on the subject. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. JUAN DE JESUS OSIA, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, May 3, 1848. SIR: I have received no reports or returns from the custom-house in San Diego since you have commanded that port. The custom-house regulations are plain and explicit. Perhaps it may be that the Mormon, officers did not turn over to you the regulations, &c., appertaining to that branch of the service. I was not able to get from them a single re port or return from the custom-house whilst they were at San Diego. I send you herewith a corrected copy of the regulations, a copy of the alterations of the tariff of the 5th and 16th of November, 1847, and the President's orders thereon, together with a copy of my letter of the 28th of April to Captain Folsom, for your information and government. You will also find here the necessary blanks for the use of the custom-house as also a manuscript quarterly account current and abstract of expend tures, showing the manner of making out those accounts and accour ing for the funds derived from the customs. I beg that you will study the regulations well, and strictly comply w all their requirements. The quarterly accounts current are for the War Department, and are to be transmitted through this office. At the end of each month you must see that the disbursing officer sends promptly to this office a "statement of revenue collected" during the month, according to the printed form. You will see, by reading the regulations, that the disburing officer ascertains the amount of duties due, and the commanding officer receives them and on the next day pays them over to the disbursing officer, and that they countersign each other's accounts... The disbursing officer keeps the funds arising from the customs separate and apart from the funds belonging to the commissary and quartermaster's department, and expends them only upon orders from this office. Keep and regularly file all manifests, entries of merchandise, and permits to land the same. Very respectfully, your obedient servant, Colonel 1st Dragoons, Governor of California. Captain WILLIAM E. SHANNON, New York Volunteers, commanding, San Diego, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, May 6, 1848. GENTLEMEN: On the 4th instant I received your communication of that date, and have attentively examined its contents. It is couched in such general terms, especially upon points where it ought to have been specific, in giving particular information, in order to a full and correct understanding of the controversy, with a view to my complying with the requests you make, that, were I now to make the decision or executive order you require, I should do it in the dark, and without the necessary information. You say that "on the 17th of December last Cook denounced a quicksilver mine on his own ranch. Shortly thereafter he conveyed that mine to your company; and that on the 2d of February Alcalde Weeks gave Cook possession," &c. According to the mining laws then existing, Cook, as an individual denouncer, could only acquire two appurtenances, "if in a new vein in a known mountain"-that is, in a mountain known to contain the mineral; or three appurtenances "if the discovery be absolutely new mineral mountains"-an appurtenance being 200 varas in length in direction of the vein, and varying from 100 to 200 varas in breadth, according to the inclination or angle the vein forms with the horizon. You represent Cook as an individual denouncer, and as such conveying to your company; the company, then, under Cook's denouncement, only holds what Cook would have held under that denouncement had he not conveyed to your company, which, under the most favorable circumstances, was "three appurtenances." Now, does the "given space of land". (a very general and indefinite term) containing the hole Cook had einbrace no more than the two or three appurtenances, 95 dug as above referred to; and does Sunal's claim fall within those appurtenances? Did Alcalde Weeks, in granting possession to Cook of the given space [18] of land containing the hole, he had dug," grant no more or larger quantity than the mining laws authorized him to grant; or did he exceed his power, and by so doing give possession of a greater quantity of land than the mining laws authorized him to give an individual denouncer, and thus embrace the claim which Sunal makes? From the manner in which you represent the subject in your letter, and the clearness and explicitness of the mining laws, it appears to me that the case must be decided according as the above questions are answered in the affirmative or negative. I do not see that the fee-simple title you speak of can affect a denouncement made prior to the 12th of February-the day on which the mining law relating to the denounce. ment of mines was abolished. I enclose to you an extract of the mining laws concerning the denouncement of mines, as translated by Mr. Hartnell. If an accurate survey and plat be made of the possession given on the 2d of February to Cook in consequence of his denouncement on the 17th of December, according to the boundaries as established and marked on the day possession was given, it will at once be seen whether such possession contains a greater number of appurtenances" than the alcalde was authorized to put Cook in possession of, and the question will at once decide itself, supposing the denouncer had complied with all the 'requirements of the Jaw. I am, respectfully, your obedient servant; ALRIGO & LARKIN, R. B. MASON, Colonel 1st Dragoons, commanding. Monterey, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, May 8, 1848. Notes and accounts SIR: Your letter of the 29th April is before me. contracted in the United States cannot legally be enforced and collected in California during the continuance of the war, but can be as soon as the United States Congress shall organize a territorial goverment in this Mr. Elam Brown was apcountry and extend her laws over the same. pointed on the 30th of March "an alcalde for the section of country lying along the Contra Costa and embracing the settlements in the valley of the San Joaquin, vice Estridilla, whose term of office has expired." Brown, therefore, possesses the same powers that Estridilla did. If he was within the jurisdiction of the Pueblo San José, and subordinate to the court there, then so is Brown. I do not know the extent of the ju fisdiction of the pueblo to the northward. The talk you had with the Indian José Jesus, as stated in your above 'mentioned letter, was a very proper one. Should any Indian prisoners be brought in and delivered up to you, you will immediately inform me of it. I am, respectfully, your obedient servant, R. B. MASON; Mr. CHARLES WHITE, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I acknowledge the receipt of your letter of the 24th of April. When Amas was here some time since, he exhibited a paper purporting to be an acknowledgment of the priest that he was satisfied in full for whatever claims he had on account of dues from the mission of San Buenaventura. If it be the fact that he has given such acknowledgment, and has received the consideration, he can have no further claim on the mis. sion, though his successors may have. You will no doubt be guarded and circumspect in recovering the property justly belonging to the mission that has "been fraudulently disposed of," in order to guard against any future disputes, and at the same time to avoid doing any wrong to the holders of the property that may be supposed to belong to the mission; or, in other words, for the sake of greater security, the fraudulent disposition of the property should be well established before it is wrested from the present holders. This will be the most prudent course, though by it some of the property may not be recovered. From the property clearly belonging to the mission thus recovered and restored, I think it nothing but just that the reasonable expenses incurred in its recovery should be paid, in the manner you suggest. I have the honor to be your obedient servant, Col. J. D. STEVENSON, R. B. MASON, 1st New York Regiment, com'g Southern Military District. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, May 8, 1848. SIR: Your custom-house accounts, accompanying your letter to the Secretary of War of the 6th April, have been examined by me, and appear correct, except that the account does not show for what length of service Carrillo received the sums of one and two hundred dollars on account of his salary as collector, You should have made out a formal account, viz: "The Military Contribution Fund to Pedro C. Carrillo Dr., for services as collector at the port of Santa Barbara from the to at the rate of dollars per annum." Then the usual receipt for the money should follow the account, which should contain the order for payment. Carrillo's informal receipts are herewith returned to you, An abstract of expenditures should accompany your quarterly accounts, made out similar to form 8 of the quartermaster's department, and endorsed on the quarterly account, as is shown in form 6. I am, respectfully, your obedient servant, Lieut. H. S. CARNES, R. B. MASON, A ting Assistant Quartermaster, Santa Barbara, California. |