though his denial of the charge forces the plaintiff to establish every part of it by sworn facts. It is presumed you will find that, in this case, the alcalde has not departed from this well-established practice. You will therefore discontinue your proceedings against Guerra and Ruiz, and notify the alcalde of it, that he may resume their trial. The stealing a reáta from one of your men by a Californian is deemed too trifling a case to call for martial law. Release Señor Ruiz, and let the soldier sue him before the alcalde. Martial law was not declared in Mexico as a matter of necessity. In California it is proclaimed as a preventive code, to come into full operation when the present courts are interrupted by accident or outbreak, and to supply the defects in the articles of war, so as to prevent soldiers from trampling upon the rights of citizens, which would necessarily produce disaffection. It was not designed, by the publication of orders No. 36, to interfere with the alcalde's jurisdiction in petty cases where soldiers are interested, but merely to make citizens amenable to military tribunals for high crimes against any person serving with the army of the United States. Colonel Mason desires you to do all in your power to restore harmony, and to allay the ill will that seemingly exists between your command and the citizens of Santa Barbara. I have the honor to be, your most obedient servant, W. T. SHERMAN, 1st Lieut. 3d Artillery, A. A. A. General. Capt. F. J. LIPPETT, [ORDERS NO. 36.] Orders No. 36, above referred to. HEADQUARTERS TENTH MILITARY DEPARTMENT, Santa Barbara, California, July 27, 1847. I. For any personal insult offered to any civil magistrate of the country, or peaceable inhabitant thereof, or for any trespasss committed upon any property, house, orchard, garden, or vineyard by any soldier of the United States, the offender will be immediately arrested, confined, and reported to the commanding officer of the post or place, who will without delay cause the proper charge to be preferred, and the accused brought to trial. All drunken soldiers will be promptly confined, and in no case will they be released without being brought before a court martial, unless otherwise specially directed by the commanding officer of the post. II. The following general order, No. 20, dated Headquarters of the Army, Tampico, February 19, 1847, is published for the information of all concerned, and is hereby declared to be in full force and effect in California. All officers and soldiers are exhorted to use their utmost exertions to seize and bring to trial every one who shall offend against any of its provisions: [GENERAL ORDERS No. 20.] HEADQUARTERS OF THE ARMY, 1. It may be apprehended that many grave offences, not provided for in the act of Congress "establishing rules and articles for the government of the armies of the United States," approved April 10, 1806, may be again committed by or upon individuals of those armies in Mexico, pending the existing war between the two republics. Allusion is here made to atrocities, any one of which, if committed within the United States or their organized territories, would of course be tried and severely punished by the ordinary or civil courts of the land. 2. Assassination, murder, malicious stabbing or maiming, rape, malicious assault and battery, robbery, theft, the wanton desecration of churches, cemeteries, or other religious edifices and fixtures, and the destruction, except by order of a superior officer, of public or private property, are such offences. 3. The good of the service, the honor of the United States, and the interests of humanity, imperiously demand that every crime enumerated above should be severely punished. 4. But the written code as above, commonly called the rules and articles of war, provides for the punishment of not one of those crimes, and when committed by individuals of the army upon the persons or property of other individuals of the same, except in the very restricted case in the 9th of those articles; nor for like outrages committed by the same individuals upon the persons or property of a hostile country, except very partially in the 51st, 52d, and 55th articles; and the same is absolutely silent as to all injuries which may be inflicted upon individuals of the army, or their property, against the laws of war, by individuals of a hostile country. 5. It is evident that the 99th article, independent of any reference to restriction in the 87th, is wholly nugatory in reaching any one of those high crimes. 6. For all the offences, therefore, enumerated in the second paragraph above, which may be committed abroad, in, by, or upon the army, a supplemental code is absolutely needed. 7. That unwritten code is martial law, as an addition to the written military code prescribed by Congress in the rules and articles of war, and which unwritten code all armies in hostile countries are forced to adopt, not only for their own safety, but for the protection of the uncffending inhabitants and their property about the theatres of military operations against injuries contrary to the laws of war. 8. From the same supreme necessity, martial law is hereby declared as a supplemental code in and about all the camps, posts, and hospitals which may be occupied by any of the forces of the United States in Mexico, and in and about all columns, escorts, convoys, guards, and detachments of the said forces while engaged in prosecuting the existing war in and against the said republic. 9. Accordingly, every crime enumerated in paragraph No. 2 above, whether committed, 1. By any inhabitant of Mexico, sojourner, or traveller therein, upon the person or property of any individuals of the United States forces, retainer or follower of the same; 2. By any individual of said forces, retainer, or follower of the same, upon the person or property of any inhabitant of Mexico, sojourner, or traveller therein; or, 3. By any individual of said forces, retainer or follower of the same, upon the person or property of any other individual of said forces, retainer or follower of the same, shall be duly tried and punished under the said supplemental code. 10. For this purpose, it is ordered that all offenders in the matters aforesaid shall be promptly seized and confined and reported for trial before military commissions, to be duly appointed as follows: 11. Every military commission under this order will be appointed, gov. erned, and limited, as prescribed by the 65th, 66th, 67th, and 97th of the said rules and articles of war, and the proceedings of such commissions will be duly recorded in writing, reviewed, revised, disapproved or approved, and the sentences executed, all as in the cases of the proceedings and sentences of courts martial, provided that no military commission shall try any case clearly cognizable by any court martial; and provided, also, that no sentence of a military commission shall be put in execution against any individual whatsoever which may not be according to the nature and degree of the offence as established by evidence, in conformity with known punishments in like cases in some one of the States of the United States of America. 12. This order will be read at the head of every company of the United States forces serving in Mexico, or about to enter that theatre of war. By command of Major General Scott: By order of Col. R. B. Mason: H. L. SCOTT, A. A. Adjt. General. W. T. SHERMAN, 1st Lieut. 3d Artillery, A. A. Adjt. General. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, August 25, 1847. SIR: Governor Mason directs me to acknowledge the receipt of your communication of August 16th, and to inform you that he has instructed Captain Lippett to discontinue proceedings against Juan Bautista Guerara and José Antonio Ruiz, that you may resume your jurisdiction over these two men, and punish them as they deserve, if fairly convicted of having insulted the women. Signor Ruiz is also ordered to be released, that he may be tried by you for having stolen the reata. Your authority as alcalde, in all cases between citizen and citizen, is the same as it was under the Mexican law. But when a soldier is concerned, then the military law must have precedence, so long as war exists between the republic of Mexico and the United States, unless, in special cases, this precedence is yielded by the military governor. In California Governor Mason is ready to yield the jurisdiction over minor cases to alcaldes, when he has reason to believe they are influenced by the proper motives of justice and probity. Believing that you are thus influenced, he has given the orders before referred to. I am, with much respect, your obedient servant, HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: Mr. Thompson has presented to Colonel Mason his claim to a lot of ground in San Francisco, as also his correspondence with you upon the subject. His title is not considered good, but it will be submitted to the United States government for their action when California shall become a territory of the United States. In the mean time, he can use the house on the lot, if not prejudicial to the interests of the public service at San Francisco. Mr. Thompson says that the ground is at present so lumbered up with gun carriages, &c., that he cannot approach the house. As it is supposed you are now removing that property, it will be well to remove such of it first as will open a way to the house. I have the honor to be, your most obedient servant, Major J. A. HARDIE, San Francisco. W. T. SHERMAN, 1st Lieutenant 3d Artillery. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, September 6, 1847. SIR: Your letter of the 2d instant reached Colonel Mason the evening before last; six days had then passed since the Indians had succeeded in driving off Captain Fischer's horses, and it was therefore too late to pursue them from this place. An expedition will start for the Tulares as soon as it can be fitted out, to look after these thieving Indians, and to adopt such measures as may check for a time their depredations. The people of every neighborhood or district, however, the moment. they hear of the Indians stealing or attempting to steal a lot of horses, should collect together, pursue and kill them, or at least show them that a pursuit was made. You may tell the people of your district, that if they catch Indians in the act of stealing or attempting to steal their horses, they should shoot them; but if they are merely loitering about, then to send them to the nearest alcalde, who will judge whether they be quiet Indians or hostile thieves. Regulations are being now issued through all California for the Indians belonging to pueblos, settlements, or ranches, to receive from their employers, or the alcaldes of their districts, papers, which they must keep about their persons, so that all others who are found without such papers will be treated as horse thieves and enemies. I have the honor to be, your most obedient servant, 1st Lieut. 3d Artillery, A. A. Adjt. General. JOHN BURTON, Alcalde, Pueblo de San José. [No. 20.] HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I returned from San Francisco yesterday, and found here Mr. Toler,' with despatches from Washington, the receipt of which I have the honor to acknowledge. I am also informed by Commodore Shubrick that the sloop-of-war Preble is ready to sail for Panama, with Passed Midshipman Wilson as bearer of despatches for the United States. I therefore avail myself of the opportunity to send you my letter of the 18th of September, with its several packages, and now have to communicate the result of my visit to San Francisco. I found the town flourishing and prosperous, with a busy, industrious population of Americans, and refer you to the copies of my military correspondence for the steps adopted to give them a good town government. The bay of San Francisco, you are well aware, is a spacious, elegant har bor, susceptible of the most perfect defence; but as yet nothing has been done towards fortifying it, or even placing any of the heavy guns in position at the old fort. It is found almost impossible to get much work out of the volunteers; and all that I can now expect of the two companies of Major Hardie's command will be to improve their quarters at the old presidio. This they are at present engaged upon, using lumber made at the horse saw-mill, under direction of the assistant quartermaster, Captain Folsom. All this labor is done by the volunteers, so that the improvements will be made at very little expense to the government. The price of lumber at San Francisco is $50 per M.; but Captain Folsom says that he has it sawed and delivered, by the labor of the volunteers and his own machinery, at about $16. The mill is placed in the timber known as the Red woods, near the mission of San Rafael, on the west and north sides of the bay, where any amount can be had. If the gov ernment design to erect permanent structures to any extent in this country, it would be advisable to send out a steam-engine, with all the neces sary frames and iron-work to adapt it to immediate use in connexion with the saw and grist mills now in possession of the quartermaster's department here. The site at present selected by Captain Folsom is well adapted, as easy water communication is had with the San Joaquin and Sacramento rivers as well as the parts of the country south of San Francisco. At San Francisco I found all the powder, arms, accoutrements, and perishable ordnance property well stored in a building prepared for the purpose at the presidio barracks; but the guns, mortars, carriages, shot, and shells are in the town in the open air, protected by paint alone. The great difficulty of hauling such articles over the rugged hills between the town and presidio will prevent their being hauled to the latter place this season. I did design to continue my tour of inspection to Sonoma and the Sacramento river, but was recalled by hearing of the arrival of the bearer of despatches at Monterey. When on my way up to San Francisco, I was overtaken by Captain Brown, of the Mormon battalion, who had arrived from Fort Hall, where he had left his detachment of the battalion, to come to California to report to me in person. He brought a muster-roll of his detachment, with a power of attorney from all its members to draw their pay; and as the battalion itself had been discharged on the 16th of July, Paymaster Rich paid to Captain Brown the money due the detachment up to that date, according to the rank they bore upon the muster-rolls upon which the battalion had been mustered out of service. Captain Brown started immediately for Fort Hall, at which place and in the valley of Bear river |