ter should be definitely settled; no further delay or procrastination in this matter can be admitted. The amount due from you must be paid over STATE DEPARTMENT TERRITORY OF CALIFORNIA, Monterey, September 26, 1848. SIR: I enclose you herewith a letter for Mr. Richardson, relating to his custom-house accounts. You will please see that it is delivered to him, and call on him to pay over to you the amount due from him to the government. Should he fail to do so, you will report the fact, in order that proceedings may be instituted to embargo his property and that of his bail. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain J. L. FOLSOM, STATE DEPARTMENT TERRITORY OF CALIFORNIA, Monterey, September 26, 1848. SIR: On your arrival here in October last, you informed Colonel Mason that some law books had been sent to him from Washington for the use of the United States authorities here, and that they had been left on the route, from some cause, but would probably arrive in the next vessel. These books have never come to hand, and are very much needed. Will you have the goodness to inform me where the books were left and in whose charge. Any other information that may be in your possession, which will tend to their recovery, will be thankfully received. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. H. FOLLER, Esq., STATE DEPARTMENT TERRITORY OF CALIFORNIA, SIR: I am directed to acknowledge the receipt of your letter of the 20th instant, asking, for reasons given, a reversal of the decision in the alcalde's court of San Francisco in the case of Merrills vs. Harris. In all proba bility, regular judicial courts have already been organized by Congress for this Territory, and the proper officers may be expected to arrive here in a very short time. You can then appeal from the alcalde to a higher court, should you wish to do so. In the mean time, the governor is unwilling to interefere in matters of litigation, especially where trial has been had by a jury. Very respectfully, your obedient servant, HENRY HARRIS, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. San Francisco, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, September 26, 1848.' SIR: In reply to your letter of the 20th, I have to inform you that the governor is of the same opinion with yourself that the iron bottles imported in the "Cayuga," if taken from the warehouse and used in the country, cannot be considered as entitled to drawback. It is not the intention to erect at the present time any new storehouses, and goods cannot be warehoused beyond the amount of accommodation afforded by the public stores. It is hoped that we may receive some act of Congress on the subject in the course of a very short time. It is known that, just at the present time, the most enormous wages are demanded for clerk hire, &c.; but it is hoped, after a little time, services may be procured at more reasonable rates. In the mean time, you must have assistance; and the only restriction which it is intended to impose in this respect is, that you will not increase the number of your employés beyond what is absolutely necessary, and that you hire them at as cheap rates as you can. Your own certificate, countersigned by Captain Folsom, will be deemed sufficient evidence of the necessity of the service and the propriety of the wages paid. Very respectfully, your obedient servant, Lieutenant of Engineers, and Secretary of State. E. H. HARRISON, Esq., STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, September 25, 1848. SIR: I am directed by the governor to acknowledge the receipt of your letter of the 20th instant, asking for information relative to the registering and licensing of vessels on the coast of California. 1. The governor has determined, under existing circumstances, that he will not register any vessel, but will forward all applications for registry or re registry to the authorities at Washington; and if, in his opinion, the vessel is entitled to registry, he will grant a sea-letter or license, which will enable her to wear the American flag, and to engage in trade as an American vessel. In order to the registry of a vessel, the owner, or one of the owners, shall take and subscribe to an oath, declaring, according to the best of his knowledge and belief, her name and burden; the time when and the place where she was built; declaring also his own name and place of abode, (or, if more than one owner, the name and abode of each;) and that he or they so swearing are citizens of the United States; and that there is no subject of any foreign State, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits thereof; aud that the master is also a citizen of the United States. If the master be within the district when the application for the registry is made, he himself must make oath to the fact of his citizenship. If the master or owner is a naturalized citizen, this fact, and when he became so, must be stated. None but American bottoms, or vessels adjudged to be forfeited for breach of the laws of the United States, can be registered; moreover, they must belong exclusively to citizens resident in the territory of the United States, or, if residing abroad, to a consul or other public agent, or an agent or partner in some house of trade or copartnership, consisting of citizens of, and actually carrying on trade within, the United States. If the owner be a naturalized citizen of the United States, and reside more than one year in the country from which he originated, or more than two years in any other foreign country, unless he be a consul or other public agent, he cannot register. But this last prohibition does not prevent the registering anew any vessel before registered, in case of bona fide sale thereof to a citizen (whether native or naturalized) resident in the United States, and exhibiting satisfactory proof of his citizenship; and if such citizen, now actually resident in the territory of the United States, can register anew a vessel purchased by him, it is inferred that he may register anew any American bottom owned by him previous to his resuming such residence. In all applications of this kind, the facts must be clearly stated and sworn to, and the application be accompanied by the necessary proof, to enable the governor to judge of the probability of her receiving a new register, and whether, under the eircumstances, a sea-letter should be granted. It may be proper to remark in this place that, in case any matter of fact alleged in the application, and sworn to, be not true, the vessel and tackle, and furniture, &c., shall be forfeited. (Vide Gordon, Book IX, chap. II.) 2. It appears that an unregistered vessel, which is owned exclusively by citizens of the United States, may, under certain circumstances, receive a sea-letter or other document proving her to be American property, and that, with such document, she shall be entitled to certain privileges of trade; but that, on the entry of every such vessel from every foreign place, oath shall be made that such sea letter or document contains the name or names of all the owners of such vessel, (or, in case any part has since been sold, the fact must be stated on the oath,) and that no foreign citizen or subjet has any share, by way of trust, confidence, or otherwise, in such vessel. If such oath is refused, she shall not be entitled to privileges specified. (Vide Gordon, chap. XIII, sec. 1.) It is believed that the schooner Star comes under the provisions of this act, and that her consular license does not exempt her from duty when she enters an American port, unless the foregoing oath be given. When Louisiana and Florida became a part of the territory of the United States, provision was made by acts of Congress for the registry, enrolment, and license of vessels belonging to the inhabitants of the respective Territories, and it is presumed that a similar act has already been passed with respect to California. Again: there are sometimes special instances where vessels are in justice entitled to registry, but do not come within the requisitions of the law. In all such cases a special act of Congress is required to authorize the registry; and more or less such acts are passed at every session. But some time must elapse before the action of Congress respecting the registry of vessels belonging to the citizens of California can be known here; and, until a regular mail is established between this coast and the Atlantic States, no inconsiderable delay must be experienced in learning the result for an application for a special act of registry. It would seem exceedingly rigorous and unjust that vessels thus situated should be shut up in port for so many months, especially when they are so much needed for carrying on the commerce of the country. The governor has accordingly decided that, where vessels are owned exclusively by citizens of California, he will, on application, accompanied by the proper proof, being made, through him, to the proper authorities in Washington, for registry, or re registry, grant sea-letters or other documents for their protection, till such time as the result of such application can be known. In all cases, however, the vessels must exclusively be the property of citizens of the United States or of California, and now actually resident within the territory of the United States. If any citizen or subject of any foreign State, directly or indirectly, by way of trust, confidence, or otherwise, be in any way interested in such vessel, or in the profits thereof, no such sea-letter or license will be granted. 3. It may be proper to remark here, that, without a register, a vessel in foreign trade is not entitled to all the privileges and benefits of a ship of the United States; but in other respects she is recognised by law. The extent of her privileges depends upon the character of the document given, and the nature of the authority granting it. A license to coast would not authorize a vessel to engage in foreign. trade; nor a license for a foreign voyage authorize a vessel to engage in the coast trade of the United States. But, under existing circumstances, and until the action of Congress shall be known, the governor has decided to consider Upper California as a single district, and to allow all American vessels to trade from one port to another. A foreign vessel entering at one port will be allowed to discharge any portion of her cargo in another port. The coast of Upper California will, in respect to coasting and foreign trade, be regarded in the same light as the northern frontier of the United States. The effect of a sea letter, license, or other document, in giving protection to a vessel in time of war, depends upon the competency of the authority which issues them. As a general rule, this document, in order to afford protection, must proceed from the sovereign authority of the State; but this authority, says Wheaton, "may be vested in military or naval officers, or in certain civil officers, either expressly or by inevitable implication. From the nature and extent of their general trust, such documents are to be interpreted by the same rules of liberality and good faith as other acts of the sovereign power. It has been decided in the British courts of admirality, that an instrument granted by a consul cannot protect the property of an enemy be yond the consular district, and on the high seas. Neither does an admiral or other naval commander possess authority to give protection beyond the limit of his own station; nor can a minister resident in a foreign country give protection to the vessel of a belligerent found on the high seas. The authority to exempt the property of enemies from the effect of hostilities can only be exercised, says Wheaton, "either by those who have a special commission granted to them for the particular business, and who, in legal language, are called mondatories, or by persons in whom such a power is vested in virtue of any situation to which it may be considered incidental." What would be the exact extent of the protection afforded in time of war by a license or sea-letter proceeding from the existing government of California, it is not now easy to decide; but in time of peace, and to all American vessels, there can be no doubt that such document will serve as a safe conduct on the high seas, and will confer full authority to trade within the specified limitations of time, persons, and places.(Vide Wheaton, part iv., chap. ii.) Very respectfully, your obedient servant, H. W. HALLECK, E. H. HARRISON, Esq., STATE DEPARTMENT TERRITORY OF CALIFORNIA, Monterey, September 23, 1848. SIR: I have to acknowledge the receipt of your letter of the 2d instant, with the enclosed papers. Mr. Alexander's abstract of disbursements and vouchers for the first quarter were never received. I wrote to you on this subject, and also Mr. Alexander, on the 3d of August, but have received no answer. Your accouut current for that quarter proves that Mr. Alexander's accounts are correct; but as the accounts will probably be settled in different offices in Washington, it is necessary that Mr. Alexander's own papers should be accompanied by your receipts for the money he turned over to you. For neither the first nor the second quarter of this year has he forwarded such papers. Please to see Mr. A., and have the proper vouchers forwarded; for, otherwise, there may be delay and difficulty in settling his accounts in Washington. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Lieut. J. W. DAVIDSON, U. S. Army, Los Angeles, California. 1 STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, October 4, 1848. SIR: Messrs. E. & H. Grimes have applied for permission to remove the brig "Euphemia" from San Francisco to the embarcadero near Sutter's Fort, for the purpose of converting her into a store vessel. The governor sees no objection to this; but no vessel can be licensed to en |