Baltimore commercial journal, and Lyford's price-current. [volume] (Baltimore, Md) 1840-1849, 1849-06-09
IMPORTANT CIRCULAR /:
HEAD QUARTERS, Pacific DIyISloN,
SAN Francisco, Upper California,
ADril LIST 1919.

SAN FRANclsco, Upper California,
April list, 1913. }
The treaty concluded with Mexico, on the 3Oth Of
May last, brought Upper California within the
United States, and OF course, within the operation
OF all its laws but the OF enforcing some OF
these laws have not been provided by Congress
Thus, as the Secretary Of the Treasury, IN his
circular of the 30th of October last, observes,
" although Congress has recognised California as
part of the Union and legislated Tor II as such yet
it is not brought by law within the limits OF any
collection district, nor has Congress authorized the
appointment of anv officers to collect the revenue"
The laws of the United States in force here, and
consequently the revenue and navigation laws are
though at this moment some part OF the machinery
necessary to their complete action, Is wanting.
Now 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
ment is unable to collect duties on such, the proper
inference is not as many to think, that goods
can enter without paying duties but that, being UNI
able to pay the duties here, required by law they
cannot be admitted at all.
As many cargoes have been shipped under the
wrong impressions that they could enter, and there
was no American port OF entry in the Pacific to
which they could resort, to comply with the law,
case of extreme hardship was presented, winch APP
peared to authorize such modification as would al
low the cargoes to be entered, on deposng the du-
ties to await the action OF Congress upon the SUBJECT
and so Tar from the want Oh AtIlCdIl NSsoela o tlS
coast and from the mwillingness OF the lew IN this
to frequent these ports, where the men desert
to the gold mines, absolute necessity OF some
means OF transportation existed which could only be
supplied by using foreign vessels that came IRON the
neighborng coasts.
But both of these notifications of the law can be
but temporary There can be no hardship in entOrc-
ing the law on those who fully of all its
provisions and their effect and time will doubtless
do away with the scarcity Of American vessels OF
small class here.-There will then be reason for
indulgence and the suspension Of the strict enforce
nent of the law will cease. Even before that time,
the government at Washington thinking itself not
empowered to allow of any such suspension, may re-
woke the indulgence granted, and require strict adj
herence to the law whatever may be the incOnVe-
nence to individuals | think it would be proper,
then, to notify all persons designing to come here
from your port or its neighbOrhood, that they can
have no right to count upon any other than the
strctest construction OF the law in all other ports
of the United States, both regards cargoes and
vessels and particularly that duiable goods cannot
be entered here at ALL unless Congress shall have
made provision for appointing the necessary officers
II would be well, also, to inform all Adventures
coming here search for gold, that respassing upon
the public lands is punishable by fine and imprison-
men that although the position of affairs here, in
cident to the change of government, has hitherto
prevented action under these laws, yet they Will be
enforced as soon as the means organized.
should like to be informed of the date Of your
ceipt of this communication, to be enabled TO Judge
of the degree of indulgence proper to awardto those
claiming it.
ISigned1 PERSIFER F. SMITH.
Brevet Major General Commanding Division