The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-01-14


Of military duties which you expected 70 give your
personal attention.
This Was not satisfactorily explained by the statement Of
your constant occupation In preventing unlawful exed
against foreign terrtoresa service To which your
attention specially called In addition 10 the ordinary
duties OF the department commander You claim that
der your instructions this duty paramount reeur-
TO those instructions and the circumstances under
which they given will aid in understanding the ques
u0ps involved.
his always delicate matter 10 attempt 10 quote con-
yersatons from memory and Is unnecessary TO do so
weu In this case the conversations resulted IN
respondenee which covered the whole subject shall not
therefore follow your example in this but rely what
written aud refer TO the correspondence m which you
made known your views and the department defined your
duties.
ON the 18th OF January the order was given your
Segment the command and that day You addressed to
this department written communication stating your
views In regard 10 the duties YOU about TO assume In
that YOU that understand the object Of your
assignment be protect the inhabitants and 10 restrain
citizens from violating treaties or the neutrality OF tRe
country by fitting out expeditions against nations with
whom peace" You add, "lf comprehend the
law this subject in order 10 act efficiently in All cases
win be necessary for the President to delegate the power
To me by special Instructions
The brief sentences quoted are all that this
subject in letter OF more than four pages The remainder
occupied principally by consideration Of the relations
between the whites and the Indians, and urging the
sy of beng Invested by the President with certain
(which this department could conter in relation TO
the Indians and also with authority TO call out militia
II at this time you had been informed that the duty
OF preventing Illegal expeditions of paramount i'm
portance il is nexpcable that you did not devote
space IL Iou would certainly have been warranted in
discussing Al length the considerations connected
with the exercise Of power to be specially delegated by
the President II this letter is TO be taken as indicating
fully your views of the duties devoye upon YOU that OF
preventing illegal expeditions then, occupied very subor
dna,e position in the scale OF their relative Importance
On the 10th OF January you wrote that recent arrival
nom California reported that Illegal expedition had
been recently fitted San Francisco aud others were
preparing follow. You added am in possession
OF all your views in relation to the that ought be
and
efficient course is to be adopted aud followed my arr
val AT California prevent similar expeditions against
Lower California would suggest that the two companies at
Fort Hamilton New ork or TWO other companies Ton some
other part be ordered TO accompany the goth inst
by way OF the isthmus."
BY This shown that az late the 10th Of January
the views of the department in relation unlawful milf
tary expeditions had been made fully known TO you
No interviews had the subject after that date
Whatever was subsequently communicated TO you was con-
tanned in the instructions of January H. ssued after you
had left Washington.
Before citing those instructions it may well remark
that the intention of the department might be gathered
we'll from what declined as from what was done
Special powers such you asked had been given to
eral high military officers by commission under the hand
of the President conntersgned by the Secretary of State
Such commission had been given your predecessor,
General Hitchcock, and be record at your head
quarters but no such commission was given and the
two companies thought necessary should accompany
you, if certain to be adopted sent
forward.
You claim that the INSTRUCTIONS of January 10 were in
conformity to suggestions and affirmed your views
nothing be further from the fact The only suggestion
you made in that letter not adopted, that
made the 10th of January No specially in
view of that subject taken and special authority
instructions from the President given at all The
President not alluded in the instructions, because it
wasetermined after full consideration that the depart
nen should conne itself in all those matters TO its we'll
defined and ordinary powers. Had been any part of
the object OF the instructions Of January II to adopt your
views 10 confirm verbal understanding which for any
reason was deemed proper not to put in writing there
would necessarily have been reference TO it, But
such is not the The instructions stand alone and
contain all the authority that the department. after confer
perceive how you reach the conclusion that the
lions OF January II conormed your suggestions and
affirmed your views, when not Of them adopted
even referred to.
In the instructions January H. after stating that is
deemed proper TO direct your attention certain special
duties that will deyolve upon you, this passage
Among these will be the duty of maintaining intern
uonai oplgations, " preventing unlawful expeditions
against the territories OF foreign powers. Confidence is
felt that you will the utmost of your ability use all
proper to detect the fitting Of armed expeditions
against countries With which the United States at
peace and will zeaousy cooperate with the civil author
Ties in maintaining the neutrality laws"
Then follow in succession instructions with regard to
the protection OF the Mexican frontier from Indian incur
SONS In fulhlment OF the treaty Of Guadalupe Hdalgo
the protection OF our citizens from hostile Indians TO
the removal OF Indians the reservations provided for
them, aud the establishment ports in their vicinity to
the supervision of expenditures and the collection of
biographical information As the question is the rela
tive Importance of these duties it is be remarked that
very nearly the space devoted each and all
enforced in about equally strong language.
Upon review OF these facts, my Judgment is MUCH at
fault If there be found any ground for giving inn
portance TO the duty OF preventing illegal expeditions
against Mexico than to the protection of citizens
Is true those instructions left much discreon
but not to the extent you claim In the general PROPOSE
ton that II was Your duty to prevent unlawful exped-
uons against the territories OF foreign powers there
tachod aeause prescribing how you TO proceed for
that purpose VI was by detecting preparations for such
petitions, and by cooperating with the civil officers whose
duty II was TO arrest them. IL obvious that your off,
ca relations with numerous officers stationed every part
oil California and Oregon would give you opportunity
which no other public officer possessed Of gaining carly
formation OF any such movement IL intended
supposed thst an officer holding the highest grade in
army and inrustcd with the duty of preserving order
among numerous Indian tribes and guarding the lives and
property Of our citizens within the limits of extensive
command would confne himself month after month TO
single city for the purpose OF aiding the civil authorities
venting the commission of civil msdemeanora pursuit in
which his high Military rank and experience gave bin lit
tie if any, advantage while IL lent the prosecutions
peciay when directed against foreigners, character
which they would have possessed If conducted like
others proceeding only from the action of the Judiciary
That your devotion this service has been attended
with disadvantage TO your military duties is opinion
IN which am sustained by yourself Yourleers OF April
quence 70 which your exclusive devotion single pursuit
since your arrival San Francisco of your time
OF hbusers and you had been able 10 devote TINT at
ia ANTI