Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-06-08
IMPORTANT CIRCULAR.
Head Quarters, Pacific Division

I1edu SRudIIETS, dCihH DittSA0ni {
The treaty. concluded with Mexico, on the
30th Of Nav last, brought Upper California
within the United States and, OF course. with
in the operations of all IFS laws; but the means
/ of enforcing some of these laws have not been
provided by Congress. Thus, as the Secreta-
| ~ of the Treasury, in his circular of the 3Oth
October last, observes, although Congress
have recognised California as part of the
Union, ard legislated for it as such, yet it is
not brought by law within the limits of any
collection district, nor has Congress author
lied the appointment of any officers to collect
the revenue" The laws of the United States
are in force here, and consequently the reven-
ue and navigation laws are; though at this
moment some part of the machinery necessa-
ry 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 Secre-
tary says that the department is unable to col
| lect duties on such, the proper inference is
not, as many seem to think, that the goods can
enter without paying duties but that, being
unable TO pay the duties here, as required by
law, they cannot be admitted al 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 to which they could resort, to
comply with the law, case of extreme hard
ship was presented, which appeared to auth.
orize such modification as would allow the
cargoes 10 be entered, on depositing the du-
ties to await the action of Congress upon the
subject; and so far from the want of Ameri-
can vessels on the coast, and from the unwil.
lingness of the few in this ocean to 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 came
from the neighboring coasts.
| But both of these notifications of the law
can be but temporary. There can be no hard
ship in enforcing the law on those who are
fully aware of all its provisions and their eff
feet; and time will doubtless do away with
the scarcity of American vessels Of small class
here. There will then be 10 reason for indul.
gence, and the suspension OF the strict en-
forcement of the law will cease. Even be-
fore that time, the Government at Washing
ton, thinking itself not empowered to allow
OF any such suspension, may revoke the In
diligence granted, and require a strict adher.
encs to the law, whatever may be the incon
venlcnce to individuals. | think it would b.
proper, then. to notify all persons designing
to come here from your port, or its neighbor
hood, that they can have no right to countup
on any other than the strictest construction O
the law, as in all other ports of the Unite
States, both as regards cargoes and vessels
and particularly that dutiable goods canno
be entered here at all, unless Congress shall
have made provision for appointing the neces
sary officers.
1t would be well, also, to inform all adven
turers coming here in search for gold, that tres
passing upon the public lands is punishabl
by fine and Imprisonment; that although tn
position of affairs here, incident TO the chang
of government, has hitherto prevented actor
under these laws, yet they will be enforced a
soon as the means are organized.
should like to be informed of the date Q
your receipt of this communication, to be en-
abed TO judge of the degree of indulgence pro
per to award to those claiming it.
[Signed] PERSIFER F. SMITH,
Brevet Major Gen'l Commanding Division