found; and should the amount of gold or silver so found on board of any vessel exceed in value one thousand dollars, the vessel will be seized and confiscated. 15. Any collector who may have just and reasonable grounds for suspecting a vessel of having gold or silver on board for the purpose of defrauding the revenue by exporting the same without paying the export duty, will detain and search such vessel, even, if necessary, to the unloading and examining of her entire cargo. 16. A similar examination will be made by any collector who may have satisfactory reasons for believing that any vessel trading in the ports of California has goods or merchandise on board not mentioned in her manifest. And all such goods or merchandise, and the vessel upon which they may be found, will be subjected to the penalties mentioned in the article 12th of the tariff regulations. 17. The personal baggage of all passengers or other persons arriving in the ports of California will be inspected at the custom-house, and any dutiable goods or merchandise which may be found in the possession of any such passengers or other persons and not on the manifest will be confiscated, together with the box, trunk, or package in which it may be found. 18. Any master of a vessel who, after his clearance has been granted, shall communicate, or allow any other person to communicate, from his vessel with the shore, or with any other vessel in port, will be subjected to a fine of five hundred dollars; and the boat or boats through which such communication is effected will be confiscated. And any other person other than the master of a vessel who shall make such communication shall be subjected to a fine of one hundred dollars and the confiscation of the boat or boats as aforesaid. 19. Any person who shall visit a vessel arriving in a port of California before she has a custom-house guard or inspector on board, or before her manifest and papers are deposited at the custom-house, will be subjected to a fine of one hundred dollars and the confiscation of the boat or boats used for such visit. Any person guilty of either of the offences mentioned in this and the foregoing article will be imprisoned until said fines are paid. 20. The proceeds of all fines and confiscations imposed by military commissions or otherwise for offences designated in articles 4, 5, and 6 of these regulations shall go for the exclusive benefit of the informerthe necessary expenses of court having previously been paid; and in all other cases of fines or confiscations under these regulations, one-half of the proceeds shall go for the benefit of the informers. 21. All other custom-house and port regulations for the ports of California, so far as they conflict with these regulations, are hereby repealed. Done at Monterey, California, this 26th day of July, 1848. R. B. MASON, Colonel 1st Dragoons, and Governor of California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: I have to acknowledge the receipt of your letter of the 28th of July, enclosing a copy of the proceedings of a suit instituted by you be fore the alcalde of San Francisco against Captain Dring for receiving deserters from the United States navy on board his vessel, the Jenet. The governor has examined these proceedings, and approved so much. of them as relates to the fine imposed in the case of Hutchinson, but disapproving of the decision of the alcalde in the case of the other sailor brought into court and identified as a deserter from the public service. The 4th article of the police regulations of September 15, 1847, has all the force of a positive law; and any master of a vessel who receives a deserter from the public service, or even if the deserter be found concealed on board his vessel, is liable to the specified penalties. Ignorance of the law, or an unconscious or unintentional violation of it, cannot exempt any person from its penalties; nor can the government be required to prove an intention and design on the part of the master-the fact itself is sufficient. The master, however, may prove his good intentions, and this proof may influence the court in the amount of the fine imposed between the speci fied limits; but when the fact of a deserter from the public service being concealed on board a vessel, or of the master of a vessel receiving such deserter or conniving at his being received, is proved in evidence, the alcalde must impose upon the master of such vessel the prescribed penalties-he has then no discretion except in the amount of the fine. The decision in this case is, therefore, disapproved; but it is not deemed neces sary that you should prosecute the matter any further. I am, respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Major JAMES A. HARDIE, STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: In reply to your letter of July 28th, relative to the settlement of the estate of the late William A. Leidesdorff, I am directed to inform you that as soon as the printing of the laws can be completed, a court will be organized which can take cognizance of this matter. The organization of a court will be made with the least possible delay. Will you recommend some suitable person for first judge or prefect of the San Francisco district? The governor wishes you to hurry the printing as much as possible. Very respectfully, your obedient servant, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. Major JAMES A. HARDIE, STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, August 1, 1845. SIR: I have to acknowledge the receipt of your letter of July 27th. Several of your inquiries are answered in the custom-house and port regulations dated July 26th, and in the governor's letter of July 31, 1849. All gold dust received by you in payment of duties, or on deposite, should be entered on your accounts as such, and carried out at the deposite value; that is, your account for so many dollars and cents in cash, and so many in gold dust, at so much per ounce. From the difficulty, or rather the impossibility of ascertaining the value of this gold dust, the governor authorizes you to receive the export duty in kind; that is, taking the required per centage out of each lot of gold dust exported. Your decision in case of the English brig "Tepic" is approved, and the barrel of wine will be given up. You will institute a thorough examination of the Chilian brig, Seis de Junia, as directed in the customhouse regulations, and subject her to such penalties as she may have incurred under the tariff regulations. The value of goods and merchandise not included in the manifest, and forfeited to the use of the United States, as directed in article 12th, tariff regulations, will be determined by the proceeds of the sales of the confiscated articles, and if these proceeds exceed the sum of one thousand dollars, the tariff regulations make it imperative upon the collector to seize and confiscate the vessel. In all cases of confiscation, you should be careful to preserve the evidence upon which you act, so as to be prepared to meet any appeal to the authorities at home. Very respectfully, your obedient servant, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. Captain J. L. FOLSOM, STATE DEPARTMENT of the TERRITORY OF CALIFORNIA, Monterey, August 3, 1848. SIR: I have to acknowledge the receipt of your letter of the 25th of July, with the enclosed papers. The governor authorizes you to turn over to the quartermaster and commissary departments eight thousand dollars of the military contribution funds now in your hands. As acting assistant quartermaster and commissary you will sign the receipts, the same as if the money were received from any other person. Please to send the enclosed to Mr. Alexander, so that, if possible, the missing papers may be sent for the mail to Washington. Very respectfully, your obedient servant, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. Lieut. J. W. DAVIDSON, Acting Assistant Quartermaster, Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: Your custom-house papers and returns for the first quarter of ⚫ 1848 have all been received, except your abstract of disbursements and the accompanying vouchers. Please to forward them by the very first opportunity, so that they may go to Washington by the next express. Very respectfully, your obedient servant, D. W. ALEXANDER, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. Collector, &c., San Pedro, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, August 4, 1818. SIR: I have to acknowledge the receipt of your letter of July 22d, and the enclosed papers, relating to the mission of San Buenaventura. The governor approves of the renting of this mission and mission property in accordance with the conditions specified in the enclosed draught of a lease. He authorizes you to direct the acting assistant quartermaster to purchase of the mission a number of horses and mules, or such other property as may be required for government use, sufficient to cover the expenses of collecting this property. This should be done before the contract is entered into. The receipts for these purchases, as also an account of all the expenditures of the money, should be sent to this office. In inventory marked 3, it is stated that a number of sheep, cattle, &c., have been delivered to V. Noniago and others. If these have been sold, the receipts should be forwarded, and also an account of the expenditures. If not sold, why were they so delivered? The governor refers you to the letter of July 25th from this office, and wishes you to be cautious, in proceeding with the missions, not to go counter to the territorial laws; and also to see that these laws and regulations are complied with by the renters. So long as they observe these conditions they should not be molested; but when they are found injuring or destroying mission property, they must be regularly removed from the possession. The papers enclosed in your letter are returned herewith. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, Sc., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, August 4, 1848. SIR: The governor directs me to acknowledge the receipt of your letter .of July 19, and to inform you that he accepts your resignation as alcalde of San Luis Rey. Very respectfully, your obedient servant, H. W. HALLECK, Lieut of Engineers, and Secretary of State. J. B. CHARHAUNEA, STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, California, August 4, 1848. SIR: The governor has received your letter of July 28th, and directs me to refer you to my letter of July 21st to Colonel Stevenson, (a copy of which will be shown you by Captain Lippett,) for an explanation of the grounds upon which the contribution was levied on the town of Santa Barbara. As that explanation cannot fail to satisfy you that the measure was fully authorized by the customs of war in such cases, and that no imputation was cast, or intended to be cast, upon any individual, the governor declines accepting your resignation of the office of second alcalde of the jurisdiction of Santa Barbara. Very respectfully, your obedient servant, E. ARDISSON, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Second Alcalde, Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, August 4, 1848. SIR: You will please hand the enclosed letter to Mr. Ardisson and to show him my letter to Colonel Stevenson of July 21, respecting the contribution imposed on Santa Barbara. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain F. J. LIPPETT, Commanding, Sc., Santa Barbara, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, August 8, 1848. GENTLEMEN: In my letter of the 28th of July, replying to yours of the day previous, you were informed that "if the California grain gold could be brought into convenient shapes, so as to answer as a substitute for gold and silver coin, I would order it to be received at the custom-house in payment of duties, at its intrinsic value." By a reference to the act of Congress, approved August 6, 1846, you will see that it would be manifestly illegal in me to do so. I was not aware of all the requirements and prohibitions of that act, at the date of my letter above mentioned. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Messrs. WALTER COLTON, T. H. GREEN, J. S. RUCKLE, T. O. LARKIN, C. WOOSTER, MILTON LITTLE, J. SPENCE, and J. ABRIGO. |