The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-06-01
Important Circular.
HEAD QUARTERS, Pacific DIVISION,
SAN FRANcisco, Upper California,

A
SAN FRAScIsco, Upper California,
April lsi 1919. }
The treaty concluded with Mexico, on the 30th of
May last brought Upper California within the United
States and OF course, within the operation OF all Its
laws but the means OF enforcing some Of these laws
have not been provided by Congress. Thus, the
Secretary of the Treasury in his circular Of the 30lh
Of October last, observes, although Congress have
recognised California part Of the Union, and egis-
lated for il such, yet il is not brought by law
within the limits of any collection district, nor has
Congress authorized The appointment Of any officers
TO collect the revenue" The laws Of the United
States in force here and consequently the revc-
nuc and navigation laws though Mt this moment
some part of the machinery necessary TO their COM
plate action is wanting.
Nov, the law declares that certain goods shall only
enter upon having paid the duties prescribed by The
tariff; and when the Secretary says that the depart
men. is unable 10 collect duties on such, the proper
inference is not, as many seem 10 tlink that the
goods can enter without paying duties but thar, be-
ing unable to pay the duties here, required by law,
they cannot be admitted at all.
As many cargoes have been shipped under the
wrong impression, that they could enter, and there
was no American port of entry in the Pacific 10
which they could resort 10 comply with the law, a
ease of extreme hardship was presented, which app
peared 10 authorize such modification as would
allow the cargoes TO be entered on deposing the
duties 10 await the action of Congress upon the sub
cct and 80 far from the want OF American vessels
on the coast, and from the nnwingness Of the few
in this ocean 10 frequent these ports where the men
desert TO The gold Mines an absolute necessity OF
some means OF transportation existed which could
only be supplied by using foreign vessels that
from the neighboring coasts
But both of these notifications Of the law can be
bnt temporary There can be no hardship in enforc-
ing the law on those who are fully aware Of all lis
provisions and their effect and time will doubtless
do away with tho scarcity of American vessels of
small class here. There will then be reason for
indulgence and the suspension of the strict enforce
ment Of the law win cease Even before that time,
the government at Washington, thinking itself not
empowered 10 allow of any such suspension, mny re-
woke the indulgence granted, and require strict ad-
herence 10 the law, whatever may be the inconveni-
ence 10 individuals think it would be proper, then,
10 notify all persons designing TO come here from
your port or its neighborhood that they have
right to count upon any other than the strices con-
strnciion Of the law in all other ports of the Uni
ted States, both regards cargoes and vessels, and
particularly that dutiable goods cannot be entered
here at all, unless Congress shall have made provs-
ion for appointing the necessary officers.
Ii would be WELL nlso, to inform oil adventurers
coming here 10 search for gold that trespassng upon
the public lands is punishable by fine and imprison-
ment; that although the position Of affairs here in
ciden TO the change of government has hitherto
prevented action under these laws, yet they will be
enforced as soon as the means are organized.
l should like TO be informed OF the date OF your
receipt OF This communication TO be enabled to JUICE
OF the degree of Indulgence proper 10 award 10 those
claiming IT,
[Signedl PERSIFER f. SMITH,
RTeyei Major General Commanding Division.