The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-11
BY DIR. M'KIssTRY.

subject matter of the resolution; convinced that
the interest in the welfare of the citizens of this
country, evinced by the zeal in the discharge of
the duties of the Office you have lately resigned,
will induce you TO reply at your earliest conve-
nience to the following inquiries:
lst. What is the history and present condition Of
the fund known the civil fund?
I'd. During what time, by whom, and by what
authority was it collected?
Sd. TO whom, or to what department did the
persons collecting report and account and for what
general purposc was II disburscd!
The committee seize upon the occasion TO express
their appreciation Of the debt due from the people
of California TO the distinguished General, their
late civil and military ruler, for the able, firm and
impartial manner in which he conducted the af-
fairs of the embryo State, can they deny them
selves the pleasure of declaring their of the
signal ability with which you, sir discharged your
responsible duties as connected with his admins
tration.
Very respectfully, your obedient servants,
NJ MARTIN,
j. II. HUGHES,
E. w. McKINSTRY.
To Bt. Capt. H. w. HALLEcK,
u. S. 4Arny, &C., and late Secretary Of State
To which communication the committee ycser-
day received reply which, on account of the Pc
cuiar position OF the writer and his opportunities
of becoming thoroughly acquainted with the sub
jec they believe to be worthy Of serious consdera
ton.
MONTEREY, CAL, Jan. 23d, 1850.
GENTLEMEN. -FOUR letter OF december ZStn was
not received until yesterday, owing to the irregu-
larties Of the mails. l hasten TO make such reply
to your interrogatories as my time and means OF
information will allow, referring simply to the re-
not at liberty in unofficial letterS, to communicate
any thing from the unpublished records of military
correspondence.
First. What is the history and present condi-
ton of the fund known the civil fund.-"
In the instructions issued from Washington to
General Kearny in 1876, for his guidance in Cali
fornia, the establishment of port regulations was
assigned to the Commander of the Pacific Squadron,
collectors at the several ports appertains to the Civil
Governor of the Province" II was also directed that
the duties at the custom houses should be used
for the necessary offices of the civil government.
This division of duties and this disposition of the
proceeds of the custom houses continued dur
ing the whole war, except that for part of one
year the duties of collectors in some of the ports,
were performed by army and naval officers; in
others, however, the civil collectors, appointed by
the Governor Of California, were retained, and
where army and navy officers performed those du-
ties they did so under the authority Of Colonel Ma
son governor. On the reception of the treaty Of
peace, Governor Mason, for reasons which were
communicated to the Government, determined to
continue the collection of revenue in this country,
OH the authority which had been given him, until
Congress should act in the matter orders should
be received from Washington. He, therefore, as
Governor of California, again appointed collectors
in the ports where military officers had performed
those duties, and collected the customs on all for
eign goods, as directed in the tariff of 1876; the
commodore Of the Pacific, squadron continuing the
direction of all matters relating to port regula-
tons. double necessity impelled the governor to
this course-the country was in pressing need Of
these foreign goods and Congress had then establish
ed no port ofentry this coast. The want OF
complete organization of the existing civil govern
ment was daily increasing, and as Congress had
made no provision for supporting territorial gov
eminent In this country, II was absolutely neces-
f.rA To- -
ties collected on these foreign goods. Ii is true
there was no law of Congress authorizing any one
here 10 collect these duties; but at the time
the laws forbade the landing Of these goods until
the duties paid Congress had declined TO leg
islatc on the subject, and both the President and
Secretary Of the Treasury acknowledged the want
Of power Of the Treasury Department 10 collect
revenue in California. The Governor of California,
therefore assumed the responsibility of securing
from the importers of foreign goods the amount of
duties fixed by law their imports, and using that
money for the support OF the civil government OF
thiscountry; responsibility which he was fully JUS
tilted in assuming by the necessity OF the by the
instructions whichhe had received from ashngton,
(and which had never been countermanded, ) and by
the authority vested in his Office. II is not pretended
that the Governor OF California could derive any
authority, either from the Office ne held or from the
instructions Of the President Of the United States
20 collect revenue here after Congress assumed
control OF IL, even before, II in violation Of any
law; but, in the interim between the signing the
treaty of peace and the extension Of the revenue
laws over the country, IL s fair presumption that
the regulations established here by authority Of the
Executive Of the United States respecting the col
lection and Of duties on foreign goods continued
in force, far they coniictcd with provisions
Of the Constitution treaties and laws Of the United
States AT any rate, such was the course that Gov
ernor Mason determined 10 pursue; and as this de-
termination was Immediately communicated TO
Washington, and the receipt Of his despatch sc-
knowledged, without one word Of dissent being ex-
pressed, IL Is TO be presumed that his action in the
case met the appreciation OF Government. The
Executive Departments though well informed
Of the course which the Governor Of California
was pursuing In reference TO the collection and
disposition Of this money, RETAINED from any
interference; and in all their ORDERS letters, and
circulars they most carefully avoided expressing
the slightest disapprobation even doubt as TO the
propriety Of that course Congress was fully aware
that Governor Mason collecting revenue here
for the support Of the civil government, and yet
that body declined passing any laws for appointing
collectors the coast till The very close of the
sion, and even then cognisance was taken Of the
moneys which had been or might be collected pre-
vious 20 the appointment and due instalment OF
these officers. The reason Of this is obvious As
Congress had failed to organize territorial gov
eminent bere, all were aware that the existing gov
eminent continued in force and that II must have
some means OF support Such means were found
IN the neglected revenues Of this coast and employed
for that object, and felt disposed TO interfere
or 10 turn these revenues into the general treasury
until fund was established sufficient for the
more immediate and urgent wants Of Califor-
MIA. On no other supposition can we account for
the action Of Congress and the authorities at Wash
ington. II cannot be supposed that they would
direct the continuance Of government here with
out the means Of defraying its expenses nor that
they would tax the people Of California through the
custom houses, and at the same time deprive them
Of the benefits Of government. The continuance
Of the existing government was not only recog.
Missed and provided for by the decision Of the SUI
preme Court Of the United States, but directed by
instructions from the Executive Departments at
Washington.
On assuming command in this country civil
governor, General Riley was directed 70 receive
from Governor Mason all his instructions and com
municstions, and to take them as his guide in the
administration of civil affairs. Upon an examina-
ton Of thcsc instructions he determined tocontnuc
the collection OF duties foreign goods, in tho
manner as his predecessor till the General Gov
eminent should assume that power, and 20 add the
proceeds to the "civil fund.- using much Of that
fund az might be necessary for the civil govern
ment, and holding the remainder subject to the
orders Of the President the disposition OF Con
gress.
II appears from the report of the civil treasurer
lated December 18th. 1S4q. that the whole amount