Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-05-15

BY an order that emanated from the Secretary of War
detachment Of the army ordered out the following
spring to bring in the private property belonging 10 this
Indian agent transported for him at expense
by the Salt Lake to California. was told BY the assist
ant quartsrmaster who fitted out the expedition the
principal object Of which was to perform this service
that the cost little less than 800 600 This is an
other of the items that creates the necessity of deficiency
bills and charged expenditure in California After
General Wilson got to California he resigned his agency
but censure was cast him for having passed through
the country where he assigned to duty and emgra
ing at such an enormous expense to the Government
another part OF the country but he actually appoint
cd to another Office in California. He was made navy
agent at San Francisco office Of great Importance the
emolumens OF which he received for long time without
giving the bond required by law and he never did give
bond that was accepted and the Office abolished to
get clear Of him. This same gentleman one Of the high
priests OF the Wing party in California He lately pre-
sided over of the largest Wing
assembled in that State. sf tsa4ft ~ agfa H8NW
aade to General Wilson in no spirit Of unkindness
charged to California has gone put it the account
Of maadministration Of this Government which
menced in the spring of 1849. gas3 sss ssisTeg fa
win 60 back and show the origin of the abuses Of
which complain, which is INJECTING such deep injury
upon my State for believe that there such
recklesness known since this Government formed in
the expenditure Of the public money has been exhibit
ed there. fsa H &5h 5angsa 9sfW hstffeE
IT was an important era in the history Of this country
when, the 4th OF March, 1849 successful general
installed into the Office of President Of the United
Statcsone who had been all his lfe from early man
hood in the army of the United Etateswho had never
voted, and possessed no knowledge Of civil affairs
This important event has laid the foundation Of the
subsequent recessness and disregard Of law in expend
ing the public money, especially in the military depart
ent OF the Government speak for my section Of
the Union Let others speak for theirs f5is l
In order that may befairy understood by the Senate
whom am speaking Of events that occurred In California
which may not be familiar to other members as to NY
SELF will read extract from letter addressed by
COL Mason, Military Governor Of California, to the Sec
rotary of War; after he received, the news Of the peace
with Mexico After stating that he had anticipated the
instructions in regard TO the peace he says: 10 tai M
"The first part Of the Secrearys instructions we're there
fore antcpaed and have only fulfil the latter part
viz to take proper measures with view its Upper Cali
formal permanent occupation susB. sis,se 5etss
The above the only instructions have received from
the Department to guide in the be pursued
that war has ceased and that the country forms integral
has existed here that controlled by the senior
military naval officer and civil officers in the cou-
save the alcaldes appointed or confirmed by myself To
throw of upon them the people ut large the civil manage
ent and control Of the country would probably lead to
endless confusion If absolute anarchy and yet what
right authority have to exercise civil control of
peace Territory Of the United Stdte or If sedition and
rebellion should arise, where is my force it? Two
companies of regulars day diminishing by deserons
that cannot be prevented will be the only military force
in CALIFORNIA; and they win be Of necessity compelled to re-
main at San Francisco and Monterey guard large
pots of powder and munitions Of which cannot be emov
ed Yet unsustaned by military force by any posiven
srucon feel compelled control over the acaldes
appointed and to maintain order If possible the country
until civil arrive armed with instructions laws
to guide his foosteps W s9set
In like manner if all customs were withdrawn and the
ports thrown free the world, San Francisco would be
made the depot Of all the foreign goods in the north Pacific
the injury of and the interests of
chants To prevent this great influx of foreign goods into the
Of duties according the United States tariff of 1896 This
will render it for appoint temporary collectors
de- In the several ports Of entry for the military force is
much reduced to attend to those dutes.Y
Here is honest avowa that he has no authority to
exercise civil control in time Of peace in Territory Of
the United States The necessity Of the may have
justified this assumption of power but that Of levy
ing duties by his simple ect under the tariff of 846
Thus at the close Of the war with McKee, this officer
who was in command Of the army in California notified
the Government that to prevent anarchy aeto gov
eminent must be maintained until Congress established
legal one He Also under the tyrans plea of necessity
extended the revenue laws Of the United States Caor
MIA Before Congress acted ALL he decreed that the
tariff Of le48 should be enforced there and under this de-
cree duties exacted When this letter reached the
Secretary Of War; the assumption Of civil authority was
overlooked as the emergency arising from the neglect Of
Congress TO create government justified it. The Secre
tary Of State, Mr. Buchanan, in letter Mr. VOORHEES,
post Office agent justified the forion Of this dc Jacto
government: The question as power to collect du-
ties, which had been assumed by vvernor Mason was
referred to the Secretary Of theSeasury On the 7th
October ls4s he issued circular, in which he stated
explicitly that there was power 10 collect duties in Ca
lfornia. / viii read it:
On the 30h Of May last upon the exchange Of
Of treaty with Mexico California became part Of the
American Unon in consequence Of which questions
have been presented by merchants collectors for
cision Of this Department. lgF ~
"By the Constitution Of United States IL declared that
all treaties made which shall be made under the author
~ Of the United States, shu be he supreme iap Of the land
By the treaty with Mexico California is annexed TO this Re-
public, and the Constitution Of the United States extended
over that Territory, and in full force throughout its limits
Congress also by several enacents subsequent rat
ncauon OF the treaty have distinctly recognised California
part OF the Union and have extended in several i'm
portant particulars the laws Of the United States
Under these circumstance the following instructions
issued by this Department 1T. ! " Il
All articles Of the growth produce manufacture
Sanionia snpped herefrom at time since the Both of
May last are entitled to admission free of duty into ali the
ports Of the United States.
I'd All articles Of the growth produce or manufacture Of
the United States entitled admission free of duty into
California also all foreign goods which are from
DUTY n the laws OF Congress which goods the duties
BY those laws have been paid any collector Of the
United States previous to their introduction into California
sd Although the Constitution Of the United States ex-
tends TO California and Congress have recognised Il by law as
part Oh the Union and egatcd for SUCH yet Is not
brought by law within the limits of collection district nor
mas congress authorized the appointment Of any officers
ect the revenue accrung import of foreign dutiabe
goods into that Territory Under circumstances although
this Department be unable collect duties accrune
on appropriations from foreign countries into California yet
foreign duabe goods should be introduced there shipped
thence opace the United States viii be cub
ect to duty also to all the penalties prescribed by law when
such importation attempted without the payment OF dutes
He reiterated this statement his annual report At the
opening Of the next session of Congress- and President
Polk in his last annual message said most emphatcally
that no such power could be exercised Here is what
they say;
duties could be collected there but the Department exer
csed all It's authority by issuing the circular hereto
(which have just read marked 81 opening free trade nm
fho frnac ra,u0 H.