I consider the mines on the placers so extensive and so important that I shall, as soon as possible, despatch a messenger to the United States with my report on the subject, and with enough specimens to carry convictions of its truth. Of course, this discovery very much increases the value of California as a conquest, and, treaty or no treaty, settles the question of the destiny of the country. The present and temporary difficulties and dangers involved in this extraordinary state of things must be met as they arise. Now that Captain Long has been so kind as to furnish me with an offi cer and crew from the Warren for the army barque Anita, I will place a gun or two on board of her, and she will answer all the purposes of a sloop of war, so far as Upper California is concerned. Hoping to have the pleasure of seeing you soon, R. B. MASON, Commodore A. C. JONES, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 20, 1848. COLONEL: I desire that you will, immediately on the receipt of this, order Sergeant Falls, of Captain Smith's company of the 1st dragoons, to repair forthwith to this post preparatory to going to the United States as bearer of despatches. A schooner will sail from here for Valparaiso in about three weeks from this time, in which he will take passage; from the latter port he will take the English steamer for Panama; and please direct the quartermaster to furnish Sergeant Falls with horses, that he may come to this place in company with the bearer of this. The mail riders will be instructed to take the horses back to Los Angeles; they can be turned over to the quartermasters there. I have just returned to Monterey, after a month's absence; from all I can learn, there is no prospect of peace. Very respectfully, your obedient servant, Colonel J. D. STEVENSON, R. B. MASON, Colonel 1st Dragoons, commanding. Comd'g S. M. Dist., Los Angeles, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I have the honor to acknowledge the receipt of your communication of this date, and very much regret that the military force here is so small that it is entirely out of my power to furnish you a guard for the naval store, now that the marine guard has been withdrawn. The public property in charge of the military is necessarily so scattered, for the want of proper storehouses and other conveniences, that I am obliged to keep up from one company, with which this post is garrisoned, three different and distinct guards; this, together with the details necessary in the quartermaster's department, the details for hospital attendants, cooks, mail riders, and details to meet various contingencies, which almost daily arise, call for a larger force than this one company is able to supply. I beg you to be assured that it would give me pleasure to furnish you with a guard, if the company here had the strength to afford it. I would suggest to you to get some family to live in that part of the storehouse recently occupied by the marine guard, or to hire some trusty watchman; in these times you will have to pay high, but it cannot be avoided. I am, very respectfully, your obedient servant, Mr. CHAS. T. BOTTS, R. B. MASON, Colonel 1st Dragoons, commanding. U. S. naval store, Monterey, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: In answer to your letter of the 16th of June, (which I did not receive till my return to Monterey on the 18th instant,) I have the honor to inform you that there are on file in this office, charges against privates Shreve, Carpenter, McSpadden, and John C. Lee. A general courtmartial will be ordered for their trial as soon as officers can possibly be spared for such duty. The charges against private John G. Smith not being capital, are sent you to be tried by a garrison court. Colonel Mason has received the petition in favor of private C. R. O. Lee, but cannot consent to remit any part of his sentence. I have the honor to be your obedient servant, W. T. SHERMAN, First Lieut. 3d Artillery, A. A. A. General. Captain F. J. Lippett, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I have the honor to enclose you an order, assembling a military commission at Los Angeles, California, on the 4th of August, of which commission you are the judge advocate. Enclosed are approved charges against Jose Sugards Rivo, Esteban Sylvos, and Saturmine Palmer, of company C, 1st dragoons; other charges of a similar character are probably in the hands of Colonel Stevenson, and Colonel Mason directs that you receive from him any charges that bear his written approval, and that you arraign the persons charged, before this military commission, in the same manner as though they came to you from this office. I have the honor to be, very respectfully, your obedient servant, Assistant Surgeon R. MURRAY, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Colonel Mason directs me to return to you the original proceedings of the general court-martial constituted at Los Angeles, California, by department orders No. 23, current series, in the case of private Patrick Ford, of company E, first New York volunteers, where the court adhere to their first decision to support the prisoner's plea in bar of trial on the ground that he had been previously punished for the offence he stood charged with. This decision is so adverse to the well-established practice of courtsmartial, that Colonel Mason cannot pass it over in silence; for, at some future time, it might be quoted as a precedent and lead to dangerous results. For instance: a murderer, confined in a guard-house for security, gets the officer of the guard to punish him more than the ordinary prison rules justify; is afterwards arraigned for trial, and pleads in bar of trial that he has already been punished; would any court, civil or military, permit a murderer thus to avoid trial? And, yet, is not this the very parallel of Ford's case? Has he not avoided trial by pleading simple punishment, which he has received by command of an officer, and not as the sentence of a proper military tribunal? The court is again referred to De Hart, the very pages they refer to in their record, page 6, and more especially to his opinion clearly expressed in page 144, "that a court cannot reject a charge on this ground. It may be sufficient reason for them to affix a mitigated or declare no punishment at all; but when matter legally cognizable by a court-martial is referred to them for investigation by competent authority, they are bound to act upon it and proceed to trial." This remark is exactly applicable to the case of Ford: when the evidence of both prosecution and defence is in possession of the court, they can determine what allowance to make for the punishment he has already received. Colonel Mason, therefore, orders that you reassemble the courtmartial, of which you are the president, as soon as the military commission adjourns which is to assemble at Los Angeles on the 4th proximo, and to convey to the members this (his) order, that they proceed to the trial of private Patrick Ford, upon the charges already on record, which were submitted to them by co.npetent authority. I have the honor to be your obedient servant, W. T. SHERMAN, First Lieut. 3d Artillery, A. A. A. General. Colonel J. D. STEVENSON, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Colonel Mason directs me to acknowledge the receipt of your letter of the 10th July, (enclosing one of Lieutenant Buffman, asking for certain witnesses in the event of his trial,) and to inform you that the condition of affairs at present will not admit of the course you suggest. It is expected these gentlemen will have a fair opportunity of meeting these charges against their character before returning to civil life. I have the honor to be, very respectfully, your obedient servant, First Lieut. 3d Artillery, A. A. A. General. Colonel J. W. DAVIDSON, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your letter of the 13th of June was not received by me until the 18th instant, in consequence of an absence from Monterey up to that date. I have referred that letter, with its enclosed copy of special orders No. 66, dated War Department, Adjutant General's office, Washington, August 3, 1846, to Colonel Mason, who directs me to say that, although your furlough expires on the 3d of August next, your services in your present capacity cannot be dispensed with; and, until other orders are received from the War Department, you will continue on duty as the major of the 1st regiment of New York volunteers. I have the honor to be, very respectfully, your obedient servant, First Lieut. 3d Artillery, A. A. A. General. To Major JAS. A. HARDIE, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 25, 1848. SIR: Your letter of the 13th of June, enclosing a copy of the proceedings of a board of survey held at Los Angeles, California, on the 10th of June, 1848, has been received and laid before Col. Mason, who says that you will break up the gun-carriage condemned by that board, and take up the iron on your return as " scrap iron," sell at public auction the whole of the carriages and the harness, and turn over to Lieutenant Davidson the funds arising from said sale, taking his receipts therefor. I have the honor to be your obedient servant, W. T. SHERMAN, First Lieut. 3d Artillery, A. A. A. General. Ordnance Sergeant HEATHCOTE, Los Angeles, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 25, 1848. SIR: Ordnance Sergeant Heathcote is this day ordered to sell at public auction certain condemned ordnance stores at the post of Los Angeles, California, and to turn over to you the funds arising from said sale. Colonel Mason directs that you receipt for and enter those funds to credit of the civil fund of California. I have the honor to be, very respectfully, your obedient servant, First Lieut. 3d Artillery, A. A. A. General. To Lieut. J. W. DAVIDSON, A. C. S. & A. A. Quartermaster, Los Angeles, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Your letter of the 10th instant, with its enclosure, is received, and Colonel Mason directs me to say to you that it is not in his power to accept your resignation: your commission was conferred upon you by the governor of New York, who is the proper person to accept its resignation. It is You will please render post returns for Sonoma for the month of June, even if you had not returned to the post at the end of the month. important to keep up a military history of the posts so long as troops occupy them. I send you the returns of Sonoma for January, February, March, April, and May, which contain errors I have noted in pencil marks. Please correct them and return them to this office. Muster rolls should be sent direct to the Adjutant General, with a letter of advice, and not to this office. I have the honor to be your most obedient servant, W. T. SHERMAN, First Lieutenant 3d Artillery, A. A. A. General. Captain J. E. BRACKETT, San Francisco, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: The amount of labor at the custom-house at San Francisco is daily becoming more onerous, and the revenues collected are increasing so rapidly that it is impossible for Captain Folsom to acquit himself of the heavy responsibilities now resting on him, unless he receives a great deal of assistance. This assistance must of necessity come from the military garrison, and Colonel Mason directs that Lieutenant Gilbert of company H, 1st New York volunteers, be detailed to assist Captain Folsom in the performance of the duties of collector of the port of San Francisco; and, if Captain Folsom desires it, Lieutenant Roach, of company C, be also detailed for the same duty. He also wishes you to furnish, upon Captain F.'s application, such noncommissioned officers and men as may be necessary to guard the revenues from fraud. The details will fall heavily upon your reduced command, and you are accordingly authorized, at any moment you think proper, to break up |