fuel, &c., &c., and the whole were calculated, together with his quarters, in the sum he paid for board and lodging. From this arose the practice of commuting these emoluments; and the sum fixed on had reference to what the officer would have to pay if he furnished himself, and was, perhaps, an equitable arrangement, and would meet the wants of any reasonable and economical man, being founded on the actual price at the time and place. But these prices are totally inadequate here; they will not furnish the articles they are intended to represent. The salary of the Secretary of War would not half pay the rent of the quarters to which a general officer is entitled by the regulations, and not much more than pay the hire of his servants. It seems to me fair, and I would respectfully suggest, that the commutation here be brought back to be what was originally intended-a fair alternation for the supply furnished, and that the disbursing departments should from time to time fix the rate according to an average of prices, so that when circumstances oblige an officer to take the commutation, it may bear some relation to the article it is intended to represent. In the hope of preventing desertion, I have authorized the quartermasters to employ soldiers to labor at a rate approaching to that current at the place, the soldiers having short furloughs for the purpose; and as other laborers were not to be had at lower prices than the additional emolument, this is economy for the government. But it would be better that it should be the subject of some general regulation. In the Atlantic States the pay, clothing, subsistence, quarters and medical attendance a soldier receives are equal, if not superior, to the average daily wages of a laborer. Here they are not one-tenth-the soldier receiving a little over fifty cents a day, and the laborer from six to ten dollars. The high rate of labor here would seem (for it is likely to last some years) to render all heavy public works here unadvisable; yet the necessity of securing the harbors and public establishments increasing every day with their increase of value, renders some system immediately ne cessary. If the system of fortification for each place be at once adopted, and only the water batteries at the entrance executed, the others might be postponed, and in the mean time security attained. By the construction of many large steamships in the Atlantic States, where prices are still the same, as coal is no doubt plenty in Oregon, these vessels could run in the Pacific as packets to China and South America, and always anticipate the arrival of an enemy on our coast; so houses, barracks, storehouses, and everything that requires labor in its construction, may be prepared in the Atlantic States and transported here, thus diffusing the advantages of the gold mines here over the whole country. With sincere respect, your obedient servant, PERSIFOR F. SMITH, Hon. W. H. CRAWFORD, Secretary of War. HEADQUARTERS PACIFIC DIVISION, Sonoma, June 29, 1849. SIR: I have the honor to acknowledge your communication of the 26th of March last, calling for certain muster-rolls and other information with respect to the New York and Jalifornia volunteers, and to state in answer, that, in consequence of the want of the requisite information at my headquarters, your letter was referred to the commander of the 10th department-his reply to which is herewith enclosed. Very respectfully, your obedient servant, PERSIFOR F. SMITH, Brevet Major General, commanding department. Brevet Major General R. JONES, Adjutant General, Washington. HEADQUARTERS TENTH MILITARY DEPARTMENT, San Francisco, June 16, 1849. COLONEL: I have the honor to state, in reply to your communication of the 14th instant, that a part of the information required by the instructions of the Secretary of War of October 9 has already been forwarded to Washington, and the reason of the failure to furnish the muster-rolls of Colonel Fremont's battalion has been reported to the Adjutant General. The original muster-rolls of the New York regiment are printed with the department record, and copies of the missing rolls will be forwarded upon my return to Monterey. Very respectfully, Colonel, your obedient servant, B. RILEY, Brevet Brigadier General, commanding department. Lieutenant Colonel J. HOOKER, A. A. G., Headquarters Third Division, San Francisco, California. HEADQUARTERS PACIFIC DIVISION, Sonoma, California, August 26, 1849. SIR: At the time of the departure of the last mail for the Atlantic States I had not yet returned from a journey through the mining districts in the mountains at the western part of the Sierra Nevada, and was not in communication with San Francisco until after the steamer had left. As the return for this department for May only reached division headquarters three days ago, and nothing of any moment had transpired in the divis ion, there was nothing of importance to communicate. The two last companies of the 2d infantry arrived in July. They have since lost many men by desertion. The points occupied by troops in this department now, are San Diego, Monterey, the Presidio of San Francisco, Benicia, (the general depot,) Camp Stanislaus on the river Stanislaus, about twenty-five miles SSE. from Stockton; and Major Kingsbury, with a command, is directed to occupy a point about thirty miles NNW. from Sutter's Fort. It is uncertain when he will reach it. San Diego and Monterey are harbors; the Presidio of San Francisco, 2 miles from the town, is near the entrance of the bay, where there is a small dilapidated work. Benicia, about 26 or 30 miles from the sea, accessible to the largest ships, just below the junction of the Sacramento and San Joaquin rivers, is the general depot. The other two posts on the upper waters of those two streams were intended to have an influence on the mining districts and the neighboring Indians, but principally as auxiliary depots, from which expeditions could be supplied when about marching towards the mountains. They lie beyond the immense marshes surrounding the rivers, and which are often impassable, and from these posts any part of the mines, mountains, or country beyond can be reached by troops at any season-though during the latter part of the rainy season the difficulties of travelling anywhere in the country, (except on the bays and large rivers,) are almost insurmountable. The cost and difficulty of transportation, and other causes, have hitherto prevented the complete establishment of these posts. General Riley proposes to increase the number of posts. I do not think this advisable, except placing one near the Oregon frontier between the Sacramento and the sea, when the country shall have been explored. It is preferable to have a column or two moving through the countrysmall scattered posts are the graves of activity and enterprise. I have sent Captain Warner, topographical engineers, with an escort to make an accurate examination of what is indicated as the best route from Humboldt's river to the Sacramento. He is directed to ascertain if this route, especially the pass through the mountains, be practicable for a rail. road. The season remaining for this purpose is very short. There are very few houses in the country, and the expense of all kinds. of labor is so enormous that it is difficult to build: nevertheless I have directed the erection of temporary quarters and storehouses at the general depot, to cover, if possible, the garrison and stores before the rains. For the other posts, frame, or rather iron buildings should be sent from the Atlantic. None of the apparently exaggerated reports of the price of labor here reach the truth. I start to-morrow for Oregon, and expect to be here again the 10th of October. As my examination of the mining country will not be complete until I have visited the country near latitude 40 and 41, I postpone a general report until my return. i have to regret exceedingly that the Edith and Massachusetts have been transferred to the navy. The prevailing winds here are constant from the northwest, and sailing-vessels go northward with great difficulty. They dare not approach an unknown part of the coast to examine it, as it is rocky, without anchorage, and a lee shore. Your obedient servant, PERSIFOR F. SMITH, Brevet Major General, commanding division. Brevet Lt. Col. W. G. FREEMAN, Official: A. A. G., Headquarters of the Army. 2 HEADQUARTERS OF THE ARMY, W. G. FREEMAN, Assistant Adjutant General. List of reports from General Riley. ON CIVIL AFFAIRS. Report, with correspondence, June 30, 1849. ON MILITARY AFFAIRS. Report to the Adjutant General, February 12, 1849. Report to the Adjutant General, with enclosures, April 30, 1849. Report to the Adjutant General, June 11, 1849. Report to the Secretary of War, August 30, 1849. EXECUTIVE Department of CALIFORNIA, GENERAL: I have the honor to transmit herewith copies of all civil correspondence and papers since the 13th of April last, at which time I relieved Colonel Mason from his duties as governor of California. It was (with the advice of Colonel Mason) my intention, on assuming the direction of civil affairs in this country, to complete the organization of the existing government; at the same time to call a convention for forming a State constitution, or plan of Territorial government, to be submitted to Congress for its approval. But on further consultation it was deemed best to postpone all action on this subject, until I could ascertain what had been done in Congress. On the first instant I received reliable information by the steamer Edith" that that body had adjourned without organizing any Territorial government for this country; and accordingly, on the 3d instant I issued my proclamation to the people of California, defining what was understood to be the legal position of affairs here, and pointing out the course it was deemed advisable to pursue in order to procure a new political organization better adapted to the character and present condition of the country. The course indicated in my proclamation will be adopted by the people, almost unanimously, and there is now little or no doubt that the convention will meet on the first of September next and form a State constitution, to be submitted to Congress in the early part of the coming session. A few prefer a territorial organization, but I think a majority will be in favor of a State government, so as to avoid all further difficulties respecting the question of slavery. This question will probably be submitted, together with the constitution, to a direct vote of the people, in order that the wishes of the people of California may be clearly and fully expressed. Of course, the constitution or plan of territorial government formed by this convention can have no legal force till approved by Congress. On the receipt of the treaty of peace with Mexico, doubt was entertained by a portion of the people here respecting what constituted the legal government and laws of the country. A few contended that all government and all laws in California were at an end, and that therefore the people, in their sovereign capacity, might make such government and laws as they should deem proper. Accordingly, in two of the northern districts, local legislative assemblies were organized, and laws enacted for the government of the people of these districts. The members of the Sonoma assembly, however, soon became convinced of their error, and that body was dissolved. But in San Francisco the assembly continued its sessions, making laws, creating and filling offices, imposing and collecting taxes, without the authority and in violation of law, and finally went so far as to abolish the office of alcalde, whose records and papers were seized and forcibly removed from his custody. On receiving official information of these facts, I issued my proclamation of the 4th instant. Since then I have made a personal visit to San Francisco, and find that the more respectable members of the so-called district assembly are convinced of the impropriety of the course pursued by that body, and in a very short time I think all the difficulties will be amicably arranged. These difficulties arose in part from a misapprehension as to what constituted the legal government of the country, and in part from the unpopularity of the first alcalde of that district, against whom serious charges had been made. Unfortunately, there was at the time no legal tribunal for investigating these charges; and, there being no other magistrate in that district, I could not, with propriety, remove him from office. A new election, however, will soon be held to supply his place; and on the organization of the "superior court," the charges against him can be properly investigated. The publication of a portion of the instructions received from Washington respecting the government of this country, and the disposition manifested by the authorities here to enforce the existing laws, have done much to remove the erroneous opinions which were for a time entertained by a portion of the people of California. The civil government of this country has been, and will continue to be, administered on the principle laid down by the Supreme Court of the United States, viz: on the transfer of the ceded territory, it has never been held that the relations of the inhabitants with each other undergo any change. Their relations with their former sovereign are dissolved, and new relations are created between them and the government which has acquired their territory. The mere act which transfers their country transfers the allegiance of those who remain in it; and the law which may be denominated political is neces sarily changed, although that which regulates the intercourse and general conduct of individuals remains in force until altered by the newly-created power of the State. |