east of the Rio Grande, it is not necessary to give an opinion, as Congress and that State aione have the power of adjusting it. Upon the subject of the establishment of posts, it is not deemed expedient, at this time, to take any action. An exploration is about to be made of the route from Fort Smith to New Mexico, and until the result of that examination shall be reported, and in the absence of sufficient information from other sources, no satisfactory steps can be taken towards the establishment of permanent posts on the route to Santa Fe, nor would the force now at the disposal of the department be sufficient for the establishment of even temporary stations along that line. Very respectfully, your obedient servant, GEORGE W. CRAWFORD, To the COMMANDING OFFICER at Santa Fe, New Mexico. Secretary of War. WAR DEPARTMENT, Washington, April 3, 1849. SIR: Your despatch from Mazatlan, dated the 15th of February last, has just been received. The want of information concerning the internal condition of California at the present time, almost excludes the idea that any special instructions can be given to you applicable to the emergencies existing or that may exist there. The President relies with great confidence on your ability and judgment to meet such emergencies when they arise. Touching the internal regulations of California, it is presumed that a government de facto remains or has been established in it; that it rests on the consent of the inhabitants under it, and that its chief authority is exercised for the protection and security of the rights of persons and property. California being a part of the territory of the United States, must be regarded as subject to the constitution and all laws made in pursuance thereof; and hence any regulations in opposition to them will be considered as having no binding effect. With this limitation, such a government,will be respected, and aided by you in the exercise of its functions. The defence of the Territory against foreign invasion and the preservation of internal tranquillity from civil commotion will be objects of your care, and may require the exercise of your authority. The duty of regarding the obligations of the treaty lately concluded with the republic of Mexico is now superadded, especially those provisions which relate to the time when the resident Mexicans are required to make their election of citizenship, and others who may choose to remove with their property beyond the limits of the United States into Mexico. The promise to incorporate the first class into the Union, with all its attendant privileges and blessings, may, and doubtless will, be a subject of deep concern to Congress, which alone can admit them as a component part of our confederacy. Your observation and intercourse will furnish ample opportunities of knowing their probable number, habits of life, and capability to receive and maintain our republican institutions. The plan of establishing an independent government in California cannot be sanctioned, no matter from what source it may come. The terri tory belongs to the United States, and should be defended against all attempts to weaken or overthrow their authority. Already have the revenue laws and those pertaining to the post office been extended over them, and appropriate officers appointed to execute them. An independent government, as contemplated by your letter, would either suspend or set aside the force of these laws and the functions of these officers. The President cannot permit the exercise of any authority in conflict with that which he is bound to maintain, by taking care that the laws be faithfully executed. Desertions from the army in California appear to be without remedy. In other localities, where the temptation is not so great as in California, desertions are frequently occurring. Without the pride of the soldier in his corps has been awakened, the usual restraints and penalties have proved ineffectual. The proposed separation of detachments to be sent forward as far as may be practicable, consistently with the public service, from the scene of attraction, as well as all other legal measures of precaution in preserving the efficiency of the forces under your command, can. not fail to meet the approval of this department. It is believed that the trespasses by gathering and carrying away gold from "the placers" on the tributaries of the Sacramento river have been committed, in a great measure, by foreigners on lands that are claimed by or are in the occupancy of Indians. The necessary control which the United States exercise over all savage tribes in their territory cannot be diminished or exposed to the hazard of diminution by permitting foreigners to enjoy an unrestricted intercourse with them. The act of Congress passed in 1834, "to regulate trade and intercourse with the Indian tribes and preserve peace on the frontiers," was intended to prevent, in part, the evils supposed to arise from foreign influence. The form of the remedy will appear sufficiently clear by an examination of the several provisions of this act. By a recent act of Congress, the Bureau of Indian Affairs has been separated from this department and placed under the control of the Secretary of the Interior. The proper officers for the management of Indian affairs in California have been appointed by the department, who will repair with convenient despatch to the scene of their duties. With them you will consult and co-operate in all matters relating to cases requiring joint action. Your attention is directed to a copy of a communication lately received at this department, from the Secretary of State, in which the resident consul of Peru, at Washington, has complained of certain acts of those charged with the collection of the customs at San Francisco, in June last. A copy of a communication submitted by Mr. Osma is herewith transmitted, and will furnish the necessary data for the inquiry into the cause and extent of the alleged wrong. The relation that California then occupied to the United States as a congenial province, and subjected to military powers, presents a case fit for your inquiry. The result you will communicate to this department, to the end that the Secretary of State may reply defi. nitely to the Peruvian consul. Very respectfully, your obedient servant, Gen. PER SIFO R F. SMITH, U. S. A., GEO. W. CRAWFORD, commanding Pacific Division, California, WAR DEPARTMENT, April 3, 1849. The following persons, engaged in the public service in California and Oregon, are to be furnished by the proper staff officers with transportation and subsistence during their journey to their destination, viz: John Wilson, Indian agent for California, with his family; James Collins, collector at San Francisco; James S. Calhoun, Indian agent at Santa Fe. These gentlemen will furnish to the quartermaster and commissary a List of persons attached to the public service under them, for whom, also, transportation and subsistence will be supplied. Arms will be issued to those of the party who may require them-to be turned over to an officer of the army on reaching their destination, and the subsistence furnished under this order to be paid for at government prices. A suitable escort from the army will be furnished for the protection of the parties. The ADJUTANT GENERAL. GEO. W. CRAWFORD, Scretary of War. WAR DEPARTMENT, Washington, April 3, 1849. SIR: You will proceed without delay to New Orleans, and take the earliest and surest conveyance thence to the headquarters of the commanding general of the Pacific division, to whom you will deliver the despatches herewith intrusted to your charge. After having obeyed such instructions as you may receive from that officer, you will report in person to the Adjutant General of the army of the United States. Very respectfully, your obedient servant, GEO. W. CRAWFORD, Secretary of War. Brevet Major R. S. GARNETT, United States Army. WAR DEPARTMENT, Washington, April 4, 1849. SIR: The bearer hereof, Mr. John Wilson, has been appointed Indian agent for California I take pleasure in introducing him to you as a gentleman of worth and respectability, whose intercourse with you personally, as well as officially, I doubt not, will be of an agreeable character. Very respectfully, your obedient servant, Brevet Major Gen. P. F. SMITH, GEO. W. CRAWFORD, United States Army, California. WAR DEPARTMENT, Washington, June 26, 1849. SIR: The latest despatch received from the Pacific is dated the 1st ultimo. Under the belief that Brevet Major General Smith will be absent on the arrival of this communication, I have addressed it to you, as the military commander of the tenth department. From all the information derived from your department, it is manifest that your command will be surrounded by temptations to insubordination . and desertion, which will be most difficult to resist. It has heretofore been suggested that the forces should be kept separated from the mines, as far as the public service would justify; and yet it seems manifestly proper that a military force should be stationed near the mines to quell those occasional disturbances which may arise in that region, where such an immense population is flocking and the rights of property and person are so insecure. To preserve the tranquillity of the Territory, and repel Indian and other invasion, will be the chief duties of your command. In connexion with this subject, it is deemed proper that I should say that any plan or scheme, calculated to weaken the authority of the United States in the Territory, will not be tolerated. Whatever of force may be levied or used to put aside this authority will be resisted. The revenue and post office laws of the United States have been extended over California; so, also, it is believed that the act of Congress, of 1834,"to regulate trade and intercourse with the Indians," is of force there. It is equally true, that all laws existing and of force in California at the period of the conquest are still operative, with the limitation that they are not repugnant to the constitution and laws of the United States. In my opinion, these constitute the whole code of laws now of force in California. I should add, that this opinion does not infringe on the rights of communities to make necessary regulations for the police and security of persons and property. Such regulations must necessarily be temporary, as they are presumed to be voluntary, and designed to meet emergencies and difficulties which the sovereign power will take the earliest occasion to remove. The United States are doubly bound to admit the newly acquired Territories-California and New Mexico-into the confederacy of the States. It is not necessary to inquire whether the first step, in view of the proposed incorporation, should be taken by the people of the Territories or by the invitation of Congress. In either case, the final judgment rests with Congress. Hence, the opinion is advanced that it is the right of the people of California to assemble by their delegates and adopt a form of government which, if approved by Congress, may lead to their admission into the federal Union as one of the confederated States. The Adjutant General has received the necessary instructions to communicate with you on the subjects embraced in General Smith's and your despatches. I am, very respectfully, your obedient servant, Bt. Brig. Gen. Bennet Riley, Monterey, California. WAR DEPARTMENT, Washington, July 11, 1849. SIR: An appropriation of fifty thousand dollars having been made at the last session of Congress to defray the expenses of surveys of routes from the valley of the Mississippi to the Pacific ocean, you will take the proper steps to carry out the object contemplated by Congress. For the present, operations will be confined principally to the country between the Mississippi and the Rio Grande, with a view of ascertaining the most practicable route for a railway or wagon road; and it is proposed to start from some point on the Mississippi river, and make examinations of routes not hitherto explored. Between St. Louis and Santa Fe, it is understood reconnoissances have already been made. Between Lavaca, on the Gulf of Mexico, and El Paso, a route has recently been explored by Lieutenant Whiting, of the engineers, who has made a report thereon. It is suggested that, in the survey now to be made, the starting point shall be somewhere on the Mississippi, below St. Louis and Natchez; and from an examination of the map of the country, it has occurred to the department that a practicable route would be found, commencing at or near Vicksburg, and pursuing a westerly course, and, after crossing the Red river, following on the plains, as nearly as the nature of the country will admit, the south or right bank of that river up to its sources, through the pass at Mount Guadalupe; thence following the valley of the Puerco in a southerly direction, and, crossing that river, the Rio Grande can be reached at or near El Paso, through a pass in the Guadalupe mountains; or, from Mount Guadalupe, following the valley of the Puerco in a northerly direction, the Rio Grande may be reached through passes north or south of Mount de Caballas. The Red river, west of its great bend or curve, presents a remarkable feature that whilst it has almost a due westward course, nearly all the rivers which flow into the Gulf of Mexico through the southern portion of Texas have their sources near its right bank. Indeed, it has been represented that the ridge is so narrow that in many places the waters of the Trinity, Brasos, and Colorado are but a few paces from those of the Red river. Assuming that the course of the latter is correctly delineated, its southern margin must be admirably adapted for a road, as combining two necessary qualities-abundance of water and shortest distance. Another route is suggested for examination, which should begin opposite Memphis or Cairo, of at St. Louis, and proceed towards the valley of the Arkansas river; and thence up the same to the confluence of the Canadian rivers; pursue the course of one of them till the ridge is reached which divides its waters from those of the Puerco. This point being attained, it is believed that the valley of the Rio Grande may be thence reached by the route heretofore indicated. The surveys west of the. Rio Grande will be confined to space between that valley and the Sierra de los Mimbros, with a view of finding a pass through it. Accordingly, it is recommended that the survey be extended from a point opposite El Paso to some point near Taos. The survey which is now in progress from Fort Hall to the Salt Lake, and which is finally to be completed from St. Joseph's springs, near the Wahsatch mountains, to Santa Fe, will be an important auxiliary in deciding on the route to California-whether by the valley of the Gila or |