'-2. 62d Congress ) SENATE (Document ia Session ) ^ (No. 896 OCCUPATION OF MEXICAN TERRITORY MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING IN ANSWER TO A RESOLUTION OF THE HOUSE OF REPRESENTATIVES OF DECEMBER 15. 1846, REPORTS FROM THE SECRETARY OF WAR AND THE SECRE- TARY OF THE NAVY RELATIVE TO THE OCCUPATION OF MEXICAN TERRITORY ^ WASHINGTON GOVERNMENT PRINTING OFFICE 1912 r 60 u In the Senate of the United States, August 5, 1912. \ Ordered, That executive document numbered sixty, " Occupation : of Mexican Territory," message from tiie President of the United ' States, December twenty-second, eighteen hundred and forty-six, ; executive documents, first session. Thirtieth Congress, pages one hun- ! dred and forty-nine to two hundred and twenty-nine, inclusive, be ' reprinted for the use of the Senate document room. I Attest : j Chas. G. Bennett, Secretary, By H. M. Rose, Assistant Secretary. i »rrr 15 toi9 \ y A' 0^ \ I House Executive Documeut No. 60, Thirtieth Congress, first session.] OCCUPATION OF MEXICAN TERRITORY. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, IN ANSWER TO A BESOLUTION OF THE HOUSE OF REPRESENTATIVES OF THE 15TH INSTANT RELATIVE TO THE OCCUPATION OF MEXICAN TERRI- TORY. December 22, 1S4G. — Read and laid upon the table. To the House of Representatives of the United States: In compliance with the request contained in the resolution of the House of Representatives of the loth instant, I communicate here- with reports from the Secretaiy of War and the Secretary of the Navy, with the documents which accompany them. These documents contain all the " orders or instructions " to any military, naval, or other officer of the Government, '' in relation to ihe establishment or organization of civil government in any por- tion of the territory of Mexico which has or might be taken pos- session of by the Army or Navy of the United States." These orders and instructions were given to regulate the exercise of the rights of a belligerent, engaged in actual war, over such portions of the territory of our enemy as, by military conquest might be "taken possession of" and be occupied by our armed forces — rights necessarily resulting from a state of war and clearly recognized by the laws of nations. This was all the authority which could be delegated to our military and na\'al comnumders, and its exercise was indispensable to the secure occupation and possession of territory of the enemy which might be conquered. The regulations authorized were temporary, and dependant on the rights acquired by conquest. They were authorized as belligerent rights, and were to be carried into effect by military or naval offi- cers. They were but the amelioration of martial law, which modern civilization requires, and were due as well to the security of the conquest as to the inhabitants of the conquered territory. 4 OCCUPATION OF MEXICAN TERRITOEY. j The dofument.s communicated also ccmtain the reports of several highly meritorious officers of our Army and Navy, who have con- quered and taken possession of portions of the enemy's territory. Among the documents accompanying the report of the Secretary i of War, will be found a " form of government." " established and , organized " by the military commander Avho conquered and occu- pied with his forces the Territory of Xew Mexico. This document ! was received at the AVar Department in the latter part of the last fc month, and, as will be perceived by the report of the Secretary of j War, was not, for the reason stated by that officer, brought to my | notice until after my annual message of the 8th instant was com- (; municated to Congress. I It is declared on its face to be a " temporary government of the ''■ said Territory;"' but there are portions of it which purj^ort to '• es- ' tablish and organize"* a permanent territorial government of the i United States over tlie Territory, and to impart to its inhabitants i political rights which, under the Constitution of the United States, , can be enjoyed permanently only b}" citizens of the United States. These have not l)een " appi'oved and recognized '' by me. Sucli organized regtdations as have been established in any of the con- quered Territories for the security of our conquest, for the preser- ' vation of order, for the protection of the rights of the inhabitants, ;, and for depriving the enemy of the advantages of these Territories, ' while the military possession of them by the forces of the United States continue, Avill be recognized and ai)proved. It will be apparent from the reports of the officers who have i been required by the success which has crowned their arms to ex- ] ercise the poAvers of temporary government over the conquered Territories, that if any excess of power has been exercised, the de- , parture has been the offspring of a patriotic desire to give to the inhabitants the privileges and immunities so cherished by the peo- i| pie of our own country, and which they believed calculated to improve their condition and promote their prosperity. Any such I excess has resulted in no practical injury, but can and Avill be early ; corrected, in a manner to alienate as little as possible the good feel- \ ings of the inhabitants of the conquered territory. j James K. Polk. | Washington, December 22, 1846. War Department, December 21, 1840. Sir: In compliance with your request to be furnished with all the information in the AVar Dopartment in regard to the objects of inquiry embraced in the resolution of the House of Representatives of the 15th instant. I have the honor to report that the accompa- nying papers, numbered from 1 to 24, contain all the orders and instructions Avhicli have issued from this department to any officer of the Army '" in relation to the establishment or organization of civil government in anv portion of the territory of Mexico. Avhich has been or might be taken possession of by the Army or Navy of the United States." They also furnish all the information in this department in relation to any form of government which any such OCCUPATION OF MEXICAN TERRITORY. ^ officer has established or organized, and also in relation to any ap- proval or recognition of such goA ernnient. As the information called for by the resolution of the House of Representatives is contained in various dispatches which rehite principally to military operations, I have preferred, in most in- stances, to give the whole document, though parts of it liave little or no direct relation to the matters embraced in that resolution. What is omitted does not relate to any branch of the inquiry, but chiefly to the plans of the campaign, and contemplated military movements, which it would not be proper to make public. You will perceive that I stated, in my letter of the Hd of June last, to Gen. Kearny, that a proclamation in the Spanish lan- guage would be furnished to him for the purpose of being distrib- uted among the Mexican peo])le. A few copies of the proclama- tion prepared for Gen. Taylor Avere sent to Gen. Kearny ; but, owing to the dilferent circumstances under which the two generals might be placed, it was afterwards deemed proper to instruct Gen. Kearny not to use them, and I am not aware that he did so in any instance. My letter to him on this subject, dated the 6th oi June, is one of the paper lierewith transmitted. Among the accompanying documents you will find tvro procla- mations issued by Gen. Kearny, but neither the form nor substance of them was furnished from this department. In relation to the annexed paper. No. 24, called the '" Organic Law of the Territory of New Mexico," it is proper that I should state that it Avas received at the Adjutant General's Office on the 23d of November, and thence sent to me. As the document Avas voluminous, and my AAdiole time Avas required for the indispensable current business of the department, then unusually pressing, and for preparing my annual report to accompany your message to Congress, I did not, at that time, nor until a feAV days since, ex- amine it, and it Avas not laid before you to receive your directions in regard to it. I haA'C the honor to be, very respectfully, your obedient servant. W. L. Marcy. To the President. List ok Papers Accompana'ing thk Kkport of thk Secret .vrv of War to THE President, in Answer to the IIesoltition of the House of Kfprf- SENTATIVES OF THE 1.5tH OF DECEMBER, lS4fi. No. 1. Letter of the Secretary of War to Gen. Keai-nv, dated June 3, 1846. No. 2. Extract of a letter of the Secretary of AVar to Gen. Taylor, dated July 9, 1846. No. 3. r>«tter of the Secretary of War to Gen. Taylor, dated July 6, 1846, inclosing the circular of the Secretary of the Treasury. No. 4. Circular of the Secretary of the Treasury, dated June 30, 1846. No. 5. Letter of the Secretary of War to Col. SteA^enson. dated September 11, 1846. ' 6 OCCUPATION OF MEXICAN TEKRITORY. No. 6. Letter of the Secretary of War to Gen. Kearny, dated Sep- tember 12, 1846. No. 7. Letter of the Adjutant General to the Secretary of War, dated December 17, 1846. No. 8. Letter of Maj. Gen. Scott to Gen. Kearny, dated November 3, 1846. No. 9. Letter of the Secretary of War to Gen. Taylor, dated June 4, 1846, with a proclamation in Spanish. No. 10. Translation of the proclamation. No. 11. Letter of the Secretary of War to Gen. Kearny, dated June 5, 1846. No. 12. Proclamation of Gen. Kearny, to the citizens of New Mexico, dated July 31, 1846. No. 13. Letter of Gen. Kearny to the Adjutant General, dated August 24, 1846. No, 14. Proclamation alluded to in the preceding letter, dated August 22, 1846. No; 15. Letter from Gen. Kearny to Gen. Wool, dated August 22, 1846. . No. 16. Appointment bv Gen. Kearny of treasurer for Santa Fe, dated August 28, 1846. No. 17. Appointment bv Gen. Kearnv of collector for Santa Fe, dated August 29, 1846. No. 18. Letter from Gen. Kearnv to the Adjutant General, dated September 1. 1846. No. 19. Order of Gen. Kearny, abolishing the use of stamp paper, dated August 29, 1846. No. 20. Order of Gen. Kearny regulating licenses for stores, etc., and duties on wagons, etc., dated August 27, 1846. No. 21. Letter of Gen. Kearnv to the Adjutant General, dated Sep- tember 16. 1846. No. 22. Letter of Gen. Kearny to the Adjutant General, dated Sep- tember 22, 1846 (received at the War Department Novem- ber 23). inclosing — No. 23. A list of officers appointed by him ; also No. 24. Copy of the organic law, compiled under his direction, of the Territory of New Mexico. No. 1. — Letter of the Secretary of War to Gen. Kearny. [Confidential.] AVar Department, Washington, June 3, 1846. Sir: I herewith send you a copy of my letter to the governor of Missouri for an additional force of 1,000 mounted men. The object of thus adding to the force under your conunancl is not, as you will perceive, fully set forth in that letter, for the rea- son that it is deemed prudent that it should not. at this time, become a matter of public notoriety; but to you it is proper and necessary that it should be stated. It has been decided by the President to be of tlie greatest im- portance in the pending war with Mexico to take the earliest pos- session of Upper California. An expedition Avith that view is hereby ordered, and you are designated to command it. To enable vou to OCCUPATION OF MEXICAN TEEEITOEY. 7 be in sufficient force to conduct it successfully this additional force of a thousand mounted men has been provided, to follow you in the direction of Santa Fe, to be under your orders, or the officer you may leave in command at Santa Fe. It can not be determined how far this additional force will be behind that designed for the Santa Fe expedition, but it will not probably be more than a few weeks. When you arrive at Santa Fe with the force already called, and shall have taken possession of it, you may find yourself in a condition to garrison it with a small part of your command (as the additional force will soon be at that place), and with the remainder press forward to California, In that case you will make such arrangements, as to being followed by the reenforcements before mentioned, as in your judgment may be deemed safe and prudent. I need not say to you that, in case you conquer Santa Fe (and with it will be included the department or State of New Mexico), it will be important to provide for retain- ing safe possession of it. Should you deem it prudent to have still more troops for the accomplishment of the objects herein _ desig- nated, you will lose no time in communicating your opinion on that point, and all others connected with the enterprise, to this de- partment. Indeed, you are hereby authorized to make a direct requisition for it upon the governor of Missouri. It is known that a large' body of Mormon emigrants are en route to California, for the purpose of settling in that country. You are desired to use all proper means to have a good understanding with them, to the end that the United States may have their coopera- tion in taking possession of and holding that country. It has been suggested here that many of these Mormon would willingly enter into the service of the United States and aid us in our expedition against California. You are hereby authorized to muster into serv- ice such as can be induced to volunteer; not, however, to a num- ber exceeding one-third of your entire force. Should they enter the service they will be paid as other volunteers, 'and you can allow them to designate, so far as it can be properly done, the persons to act as officers thereof. It is understood that a considerable number of American citizens are noAv settled on the Sacramento Eiver, near Suter's establishment, called " Nueva Helvetia," who are well dis- posed toward the United States. Should you, on your arrival in the country, find this to be the true state of things there, you are Huthorized to organize and receive into the service of the United States such portion of these citizens as you may think useful to aid you to hold the possession of the country. You will in that case allow them, so far as you shall judge proper, to select their own officers. A large discretionary power is invested in you in regard to these matters, as well as to all others in relation to the expedi- tions confided to your command. The choice of routes by which you will enter California will be left to your better knowledge and ampler means of getting accu- rate information. We are assured that a southern roufe (called the Caravan route, by which the wild horses are brought from that country into New Mexico) is practicable; and it is suggested as not improbable that it can be passed over in the winter months, or at least late in autumn. It is hoped that this information may prove to be correct. ' 8 OCCUPATION OF MEXICAN TERRITORY. In regard to the routes, the practicability of procuring needful supplies for men and animals, and transporting baggage, is a point to be well considered. Should the President be disappointed in his cherished hope, that you will be able to reach the interior of Upper California before winter, you are then desired to make the best arrangement you can for sustaining your forces during the Avinter, and for an early movement in the spring. Though it is very desirable that the expedition should reach California this sea- son (and the President does not doubt you will make every possible effort to accomplish this object), yet if, in your judgment, it can not be undertaken with a reasonable prospect of success, you will defer it, as above suggested, until spring. You are left unembarrassed by any specific direction in this matter. It is expected that the naval forces of the United States, which are now, or will soon be in the Pacific, will be in possession of all the towns on the seacoast. and will cooperate with you in the con- quest of California. Arms, ordnance, munitions of war, and pro- visions to be used in that country will be sent by sea to our squadron in the Pacific for the use of the land forces. Should you conquer and take possession of New Mexico and Upper California, or considerable places in either, you will estab- lish temporary civil governments therein — abolishing all arbitrary restrictions that may exist, so far as it may be done with safety. In performing this duty it would be wise and prudent to continue in their employment all such of the existing officers as are known to be friendly to the United States and will take the oath of alle- giance to them. The duties at the customhouses ought, at once, to be reduced to such a rate as may be barely sufficient to maintain the necessary officers, without yielding any revenue to the Govern- ment. You may assure the people of those Provinces that it is the wish and design of the United States to provide for them a free government, with . the least possible delay, similar to that which exists in our Territories. They will then be called on to exercise the rights of freemen in electing their own representatives to the Territorial legislature. It is foreseen that what relates to the civil government will be a difficult and unpleasant part of your duty, and much must necessarily be left to your own discretion. In your whole conduct you will act in such a manner as best to conciliate the inhabitants and render them friendly to the United States. It is desirable that the usual trade between the citizens of the United States and the Mexican Provinces should be continued, as far as practicable, under the changed condition of things between the two countries. In consequence of extending your expedition into California, it maj^ be proper that you should increase jonr supply for goods to be distributed as presen.ts to the Indians. The United States superintedent of Indian affairs at St. Louis will aid you in procuring these goods. You will be furnished with a ]3roc- lamatitn^ in the Spanish language, to be issued by you, and circu- 1 No proclamation for circulation was ever furnished to Gen. Kearny. A few copies of that prepared for and sent to Gen. Taylor, were forwarded to Gen. Kearny, but be was requested not to use th-^m. These copi(>s were the only proclamations sent by the War Uepartmert to him, and I am not aware that he ever used any of them. See letter of the Secretary of War to Gen. Kearny of the 6th of June, 1846, a copy of which is with the pai) rs sent to the President, in answer to the resolution of the House of Represen- tatives of the 15th of December, 1846. W. L. Marct. OCCUPATION OF MEXICAN TEKKITORY. 9 lated among the Mexican people on your entering into or approach- ing their country, ^ou will use your utmost endeavors to h;ne the pledges and promises therein contained carried out to the utmost extent. I am directed by the President to say that the rank of brevet brigadier general will be conferred on you as soon as you com- mence your movement toward California, and sent round to you by sea, or over the country, or to the care of the commandant of our squadron in the Pacific. In that way cannon, arms, ammu- nition, and supplies for the land forces will be sent to you. Very respectfully, j^our obedient servant, W. L. Marcy, Secretary of ^^'ar. Col. S. W. Kearny, Fort Leavenworth, Mo. No, 2.- — Extract of a Letter tom the Secretary of War to Gen. Taylor. [Confidential.] War Department, Washington,, July 9, I84O. Sir: The proclamation which you were directed to spread among the Mexican people will have put you in possession of the views of the Government in relation to the mode of carrying on the war, and also in relation to the manner of treating the inhabitants. The war is only carried on to obtain justice, and the sooner that can be obtained, and with tlie least expenditure of blood and money, the better. One of the evils of war is the interruption of diplomatic communications between the respective authorities, and the conse- quent Ignorance under wdiich each party may lie in relation to the views of the other. The natural substitute of these interrupted diplomatic communications is the military intercourse which the usages of war allow between contending armies in the field, and in which commanding generals can do much toward reopening nego- tiations and smoothing the way to a return of peace. The President has seen, with much satisfaction, the civility and kindness with which you have treated your prisoners, and all the inhabitants with whom you have come in contact. He wishes that course of conduct continued, and all opportunities taken to con- ciliate the inhabitants, and to let them see that peace is within their reach the moment their rulers will consent to do us justice. The inhabitants should be encouraged to remain in their towns and villages, and these sentiments be carefully made known to them. The same things may be said to officers made prisoners, or who may visit your headquarters according to the usages of war. and it is the wish of the President that such visits be encouraged; and, also, that you take occasion to send officers to the headquarters of the enemy for the military purposes, real or ostensible, which are of ordinary occurrence between armies, and in which opportunity may be taken to speak of the war itself as only carried on to ob- tain justice, and that we had much rather procure that by negotia- 10 OCCUPATIOX OF MEXICAX TEKRITORY. tion than by fighting. Of course, authority to speak of your Gov- ernment will be disavowed, but a knowledge of its wishes will be averred, and a readiness will be expressed to communicate to your Government the wishes of the Mexican Government to negotiate for honorable peace, whenever such shall be iheir wish, and with the assurance that such overtures will be met in a corresponding spirit by your Government. A discreet officer, who understands Spanish, and who can be employed in the intercourse so usual be- tween armies, can be your confidential agent on such occasions, and can mask his real under his ostensible object of a military interview. You will also readily comprehend that in a country so divided into races, classes, and parties as Mexico is, and with so many local divisions among departments and personal divisions among individuals, there must be great room for operating on the minds and feelings of large portions of the inhabitants, and inducing them to wish success to an invasion which has no desire to injure their country, and which, in overthrowing their oppressors, may benefit themsehes. Between the Spaniards, who monopolize the wealth and power of the country, and the mixed Indian race, who bear its burdens, there must be jealousy and animosity. The same feelings muse exist between the lower and higher orders of the clergy, the latter of whom have the dignities and the revenues, while the former have poverty and labor. In fact, the curates were the chief authors of the revolution which separated Mexico from Spain, and their relative condition to their superiors is not much benefited by it. Between the political parties into which the country is divided, there must be some more liberal and more friendly to us than others; the same may be said of rival chiefs, political and military; and even among the dei^artments there are local antipathies and dissensions. In all this field of division — in all these elements of social, political, personal, and local discord — there must be openings to reach the interests, passions, or prin- ciples of some of the parties, and thereby to conciliate their good will and make them cooperate with us in bringing about an hon- orable and a speedy peace. The management of these delicate movements is confided to your discretion; but they are not to paralyze the military arm. or in any degree to arrest or retard your military movements. These must proceed vigorously. Policy and force are to be combined, and the fruits of the former will be prized as highly as those of the latter. It is seen from the Mexican papers that great attempts are made to prejudice and exasperate the minds of the people against us. The war is represented on their part as one of "national existence," as if it was our wish to destroy the Mexican nation. It is repre- sented as a war of "rapine and plunder," as if we intended to rob and oppress the people. It is represented as a war of " impiety," as if we were going to rob churches and pull down altars. The conduct of yourself, 3^our officers, and men has shown to all Mexi- can citizens that you have met. and as far as you have gone, the injustice and absurdity of all these imputations; but they are still systematically propagated through the country, and must find be- liiivers in a country where ignorance is so great, and the means of disseminating truth so small. The counteraction of these injurious nnputations will be your particular duty; first, by a continuation OCCUPATIOlsr OF MEXICAN TEERITOEY. 11 of your just and honorable conduct toward the people, their prop- erty and religion, and kindness to prisoners; and next, by making it a point in your interviews with the commanders of the army of the enemy to speak of these unjust imputations for the purpose of correcting" them. It is the President's wish not only to bring the war to a speed}' conclusion, but so to conduct it as to leave no last- ing animosities behind to prejudice the future friendship and com- merce of the two countries, nor to permit injurious reports to go forth to excite the ill will of the other Rejjublics of Spanish origin against us. Availing yourself of divisions which you may find existing among the Mexican people — to which allusion has been made — it will be your policy to encourage the separate departments or States, and especially those whicii you may invade and occupy, to declare their independence of the central Government of Mexico, and either to become our allies or to assume, as it is understood Yucatan has done, a neuiral attitude in the existing Avar between the United States and Mexico. In such of the departments or States as may take this course you will give the inhabitants assurances of the protec- tion of your Army until the retiu^n of peace, so far as may be con- sistent with your military plans of operation. AVhen peace is made, they may decide for themselves their own form of government. In such departments as may be conquered, or assume a neutral attitude, YOU may, at your discretion, observe the same course of conduct as that presented in the instructions given to Gen. Kearny by the de- partment on the 3d day of June, 1846. A copy of the instructions to Gen. Kearny is herewith transmitted to you. ******* •s I have the honor to be, very respectfully, your obedient servant, W. L. Marcy. Nij, 3. — Letter of the Secretary of War to Gen. Taylor. War Department, Washington, July 6, 1846. Sir : I have the honor to inclose you a circular of the Secretary of the Treasury relative to the commerce and trade with Matamoros and such other places in Mexico as may be in the actual occupancy or under the control of the American forces. I believe the circular contains all the instructions you may need for the guidance of your conduct. Should there be other points not embraced in it, they will receive prompt attention when brought to the notice of this depart- ment. I am, with great respect, your obedient servant, W. L. Marcy, Maj. Gen. Z. Taylor, Commanding, etc. Secretary of War. 12 OCCUPATION OF MEXICAN TERRITOKY. Xo. 4. — Circular to Collectors and Other OrncERS or the Customs. Treasury Department, June 30^ 181^6. The circular of this department of the 11th instant contained the following paragraph : By the law of nations, as I'ecognlzetl by repeated decisions of onr judicial tribunals, the existence of a state of war interdicts all trade or coninierce be- tween the citizens of the two nations enga.2:ed in the war. It consequently fol- lows that neither vessel nor merchandise of any description can be allowed to proceed from ports or places in the I'nited States to ports or places in the Terri- tories of Mexico, with the exception of such ports or places in the latter coun- try as may be at the time in the actual possession of the T'uited States forces. Matamoros is now in the actual possession of the forces of the United States, and perhaj^s other ports and places on the same side of the Rio Grande. In case of the application of vessels for clearances for the port of Matamoros, j^ou will issue them under the following circumstances: First. To American vessels o\\\y. Second. To such vessels carrying only articles of the growth, pro- duce, or manufacture of the United States or of imports from foreign countries to our own upon which the duties have been fully paid; and upon all such goods, whether of our own or of foreign countries, no duties will be chargeable at the port of Matamoros, so long as it is in the possession of the forces of the United States. In issuing this order it is not intended to interfere with the au- thority of Gen. Taylor to exclude such articles, including spirituous liquors or contraband of war. the introduction of which he may con- sider injurious to our military operations in Mexico. Foreign imports which may be reexported in our vessels to Mata- moros will not be entitled to any drawback of duty; for, if this were permitted, they would be carried from that port into the United States, and thus evade the payment of all duties. ^Vhenever any other port or place upon the Mexican side of the llio Grande shall have passed into the actual possession of the forces of the United States, such ports and places will be subject to all the above instructions which are applicable to the port of Matamoros. R. J. Walker, Secretary of the Treasury. Xo. 5. — Letter of the Secretary of War to Col. Stevenson. War Department, Septernher 7i, ]8Jf6. Sir; The transports having on board the regiment under your command, are destined to the Pacific, and will repair to our naval squadron now on the coast of California. Instructions, with a copy of which you are herewith furnished, have been given to the naval commander on the station in regard to his operations, and you are directed to cooperate with him in carrying out his plans, so far as the land forces may be needed for that purpose. Without under- tnking to give specific instructions as to the movements of our forces in that quarter — for much must be left to the judgment of OCCUPATION OF MEXICAN TERRITORY. 13 the rommandin^' officers — it is proper to state that the military oc- cupation of California is the main object in view. There are three points deemed to be worthy of particular attention. These are San Francisco. Monterey, and San Diego. It is important to have pos- session of the Bay of San Francisco and the country in that vicin- ity. The necessity of having something like a permanent and se- cure position on the coast of California, and probably at this place, will not be overlooked. Assuming that such a position will be found and selected in the Bay of San Francisco, it is expected that ■A fortification, such as the means at your command may enable you to construct, will be erected, and that the heavy guns heretofore sent out and those taken by the transports, to the extent needed, will be used for its armament. This work should be designed for a twofold object — the protection of the vessels in the bay and the •security of the land forces. The selection of the site will be an '.mportant matter. It should be preceded by a careful examination of the place with reference to both objects, and the location made under the advice and direction of the commanding naval officer. It may, however, be that your first debarkation will not be at this point. The circumstances Avhich may be found to exist on your arrival in that region must control in this matter. It is probable that Monterey will have been taken b}^ our naval force before the land troops reach that coast, and they may be needed to hold possession of it. This place is also securecl by forti- fications or temporary works from an attack either by sea or land. Judging from the information we have here of what will be the state of things on your arrival on the coast of California, it is concluded that these will be found to be the important points, and the pos- session of them essential to the objects in view in prosecuting the war in that quarter; but the particular mention of them is by no means intended as instructions to confine our military operations to them. As to the third place suggested — San Diego — less is known of it than the other two. Should the naval commander determine to take and hold possession of it, and need the land force, or a part of it, for that purpose, you will, of course, yield to his views in that respect. Whatever is done upon the coast of California or of any other part of Mexico will require, it is presumed, the cooperation of the land and naval forces, and it is not doubted that this coopera- tion will be cordially rendered. The point or points of debarkation of the regiment under your command should be settled as speedily as practicable after your ar- rival upon the Mexican coast and the transports discharged. The land forces will thereafter be attended with the vessels of the squad- ron. The ordnance, ammunition, arms, and all descriptions of pub- lic property which are not required on shore, or can not be safely deposited there, will be transferred to the public ships. Upon them the land forces must rely for bringing supplies where water trans- portarion is necessary. If the exigency of the service requires these forces to remove from one place to another on the coast, the public vessels will furnish the means of doing so. The regiment under your command, as well as the company of Capt. Tompkins, which has preceded it, is a part of Gen. Kearny's command, but it may be that he will not be m a situation to reach you by his orders immediately on your debarkation. Until that is 14 OCCUPATION OF MEXICAN TERRITORY. the case yours will be an independent command, except when en- gaged in joint operations with the naval force. It is not expected that you will be able to advance far into the country, nor is it advisable for you to undertake any hazardous en- terprises. Until you shall fall under the command of Gen. Kearny your force will be mostly, if not wholly, employed in seizing and holding important possessions on the seacoast. The Government here have received information which is deemed to be reliable, though not official, that our squadron in the Pacific had taken possession of Monterey as early as the Gth of July last. There is reason to believe that California is not favorably disposed to the central government of Mexico, and will not be disposed to make a vigorous resistance to our operations in that quarter. Should yo!i find sacli to bo the state of things there, it will be of the greatest importance that the good will of the people toward the United States should be cultivated. This is to be done by liberal and kind treatment. They should be made to feel that we come as deliverers. Their rights of person, property, and religion must be respected and sustained. The greatest care must be taken to restrain the troops from all acts of license or outrage; the supplies drawn from the country mast be paid for at fair prices; and, as far as possible, friendly relations should be established. In the event of hostile re- sistance, your operations must be governed by circumstances, and you must use the means at your command to accomplish the objects in view — the military occupation of the country. It is not, however, expected that much can be done, if preparations have been made to resist, until the force under Gen. Kearny shall have entered the country. You are directed to embrace every opportunity to communicate with this department, and to furnish it with not only a full account of your movements and operations previous to your coming under the direct command of Gen. Kearny, but with such other informa- tion as may be useful for the department to possess in regard to conducting the war in that quarter. Your attention is particularly directed to that portion of the in- structions to the commanding officer of the squadron in the Pacific, herewith, which has reference to the joint operation of the land and naval force, and vou will conform A^our conduct thereto. You are also furnished with an extract from instruction to Gen. Kearny, giving directions for the course of conduct to be pursued while in the military occtipation of any portion of the enemy's country, together with a copy of a letter to Gen. Taylor, inclosing one from the Secretary of the Treasury in regard to commercial intercourse with such paits of the enemy's ports, etc., as may be in possession of our forces. These are to be regarded as instructions to you, siiould you find yourself placed in the circumstances therein contcmplnted. You will take the earliest opportunity to make the commanding officer of the squadron in the Pacific fully acquainted with your instructions and the accompanying papers. Where a place is taken by the joint action of the naval and land force, the naval officer in command, if superior in rank to yourself, will be entitled to make arrangements for the civil government of it while it is held by the cooperation of both branches of the military force. All your OCCUPATION OF MEXICAN TERRITOEY. 15 powers in this respect will, of course, be devolved on Gen. Kearny whenever he shall arrive in California and assume the command of the volunteer regiment. As soon as practicable you will furnish him witli a copy of this communication and the other papers herewith transmitted. Very respectfully, your obedient servant, W. L. Marcy, Secretary of War. Col. J. D. Stevenson, C omTYhcinding Regiment of Volunteers., Governors Island^ Harhor of New York. No. 6. — Letter of the Secretary or War to Gen. Kearny. War Department, Washington, September 12, 181^.6. Sir : A volunteer regiment raised in the State of New York, en- gaged to serve during the war with Mexico, and to be discharged wherever the}'' may be at its termination, if in a territory of the United States, has been mustered into service, and is about to embark at the port of New York for California. This force is to be a part of your command, but, as it may reach the place of its destination t)efore j^ou are in a condition to subject it to your orders, the colonel of the regiment, J. D. Stevenson, has been furnished with instructions for his conduct in the meantime. I herewith send you a copy thereof, as well as a copy of the instructions of the Navy Department to the commander of the naval squadron in the Pacific; a copy of a letter lo Gen. Taylor, with a circular from the Treasury Department; a copy of a letter from Gen. Scott to Capt. Tompkins; and a copy of general regulations relative to the respective rank of naval and Army officers. These, so far as applicable, will be looked upon in the light of instructions to yourself. The department is exceedingly desirous to be furnished by you with full information of your progress and proceedings, together with your opinion and views as to your movements in California, having reference as to time, route, etc. Beyond the regiment under the command of Col. S. Price and the separate battalion called for at the same time by the President from the governor of Missouri, a requisition for one regiment of infantry was issued on the 18th of July last, but the information subsequently received here induced the belief that it would not be needed, and the difficulty of passing it over the route at so late a period in the season with the requisite quantity of supplies, etc., was deemed so great that the orders to muster it into service have been countermanded. It will not be sent. Your views as to the sufficiency of your force and the practicability of sustaining a larger one, etc., are desired. I am, with great respect, your obedient servant, W. L. Marcy, Secretary of War, Gen. S. W. Kearny, Fort Leavemoorth, Mo. 16 OCCUPATION OF MEXICAN TERRITORY. "NTo. T. — Letter of the Adjutant General to the Secretary of War. Adjutant General's Office, Washington^ Deeemher 17^ 181^6. Sir: In answer to the resolution of the House of Representatives of the loth instant, calling: for copies of all orders and instructions given to Gens. Taylor, Wood. Kearny, or any other officer, relative to the establishment or organization of civil government in Mexico by United States officers, also what forms of government such officers, or either of them, may have established, etc., I have the honor to submit the inclosed copy of the letter of instructions of Maj. Gen. Scott to Brig. Gen. Kearny, dated November 3, 1816, being the only communication from this office, or that of the Commanding General of the Army, having any reference to the subject of the House reso- lution. In respect to the second head of the inquiry, I have to state that on the 28d of November a communication was received from Brig. Gen. Kearny, dated at Santa Fe, N, Mex., September 22. 1816, sending a copy of the laws established by his authority for the gov- ernment of that Territory, and also a list of the persons he had ap- pointed to office. This communication was immediately laid before rhe Secretary of War. and has not since been returned to this office. No other communication touching the subject of civil government in Mexico has been received at the Adjutant General's Office. Respectfully submitted. R. Jones, Adjutant General. Hon. W. L. Marcy. Secretai^y of War. No. 8. — Letter from Maj. Gen. Scott to Gen. Kearny. Headquarters of the Arjniy, Washington., November 5, 18Jf6. Sir: We have received fi-om you many official reports, the latest dated September the 16th. A special acknowledgment of them, by dates, will go herewith from the Adjutant General's Office. Your march upon and conquest of New Mexico, together with the military dispositions made for holding that Province, have won for you, I am authorized to say, the emphatic approbation of the Executive, by whom it is not doubted that your movement upon and occupation of Upper California will be executed with like energ}, judgment, and success. You will at Monterey, or the Bay of San Francisco, find an en- gineer oiFicer (Lieut. Halleck) and a company of the United States Artillery, under Capt. Tompkins. It is probable that an officer of Engineers or of topographical engineers has accompanied you from Santa Fe. Those officers and the company of artillery, aided by other troops under your command, ought promptly to be employed in erecting and garrisoning durable defenses for holding the Bays OCCUPATION OF MEXICAN TEEEITOKY. 17 of Monterey and San Francisco, together with such other important points in the same Province as yotl maj'^ deem it necessary to occupy. Intrenching tools, ordnance, and ordnance stores went out in the ship Lexington^ with Capt. Tompkins. Further ordnance supplies may be soon expected. It is perceived by dispatches received at the Navy Department from the commander of the United States squadron on the coast of the Pacific that certain volunteers were taken into service by him from the settlers about the Bays of Monterey and San Francisco, to aid him in seizing and holding that country. With a view to regu- lar payment, it is desirable that those volunteers, if not originally mustered, should be caused by you to be regularly mustered into service (retrospectively), under the volunteer act of May 13, 1846, ...mended by an act of the following month. This may be done with the distinct understanding that, if not earlier discharged as jio longer needed, ^^ou will discharge them at any time they may signify a wish to that effect. You will probably find certain port charges and regulations estab- lished for the harbors of the Province by the commanders of the United States squadron upon its coast. The institution and altera- tion of such regulations appertain to the naval commander, who is instructed by the proper department to confer on the subject with the commander of the land forces. As established, you will, in your sphere, cause those regulations to be duly respected and enforced. On the other hand, the appointment of temporary collectors at the several ports appertains to the civil governor of the Province, who will be for the time the senior officer of the land forces in the country. Collectors, however, who have been already appointed by the naval commander will not be unnecessarily changed. As a guide to the civil governor of Upper California, in our hands, see the letter of June the 3d (last), addressed to you by the Secretary of War. You will not, however, formally declare the Province to be annexed. Permanent incorporation of the territory must depend on the Government of the United States. After occupjdng with our forces all necessary points in Upper California, and establishing a temporary civil government therein, as well as assuring yourself of its internal tranquillity and the absence of any danger of reconquest on the part of Mexico, you may charge Col. Mason, United States First Dragoons, the bearer of this open letter, or land officer next in rank to your own, with your several vluties. and return yourself, with a sufficient escort of troops, to St. Louis, Mo., but the body of the United States Dragoons that accom- panied you to California will remain there until further orders. It is not known what portion of the Missouri Volunteers, if any, marched with you from Santa Fe to the Pacific. If any, it is neces- sary to provide for their return to their homes and honorable dis- -^■harge, and on the same supposition they may serve j^ou as a sufficient escort to Missouri. It is known that Lieut. Col. Fremont, of the United States Rifle Eegiment, was in July last with a party of men in the service of the United States Topographical Engineers, in the neighborhood of San Francisco or Monterey Bay, engaged in joint operations against Mexico with the United States squadron on that coast. S. Doc. 896, 62-2 2 18 OCCUPATION OF MEXICAN TEERITORY. Should you find him there, it is desired that you do not detain him, against his wishes, a moment longer than the necessities of the service may require. I need scarcely enjoin deference and the utmost cordiality on the part of our land forces toward those of our Navy in the joint service on the distant coast of California. Reciprocity may be cordially expected, and toward that end frequent conferences between com- manders of the two arms are recommended. Harmony in coopera- tion, and success can not but follow. Measures have been taken to supply the disbursing ofKcers, who nave preceded and who may accompany you, with all necessary funds. Of those measures you will be informed by Col, Mason. I remain, sir, with great respect, your obedient servant, WiNFiELD Scott. Brig. Gen. S. W. Kearny, U. S. Army, Commanding U. S. Forces^ Tenth Military Department. No. 9. — Letter or the Secretary or War to Gen. Tayix)r. War Department, June ^ 181^6. Sir: I send herewith a number of copies of a proclamation in the •Spanish language, addressed to the people of Mexico, which you are requested to sign and cause to be circulated in the manner and to the extent you may deem proper. You will use your utmost endeavors to have the pledges and promises therein contained carried out to the fullest extent. There are also sent some copies of the proclamation in the English language. Ver}^ respectfully, your obedient servant, W. L. Marcy, Secretary of War. Brevet Maj. Gen. Z. Taylor, Commanding Army of Occupation, Texas. No. 10. — Translation of a Proclamation, in Spanish, Furnished TO Gen. Taylor. a proclamation by the general commanding the army of the UNITED states OF AMERICA. To the people of Mexico: After many years of patient endurance the United States are at length constrained to acknowledge that a war now exists between our Government and the Government of Mexico. For many years our citizens have been subjected to repeated insults and injuries, our vessels and cargoes have been seized and confiscated, our mer- chants have been plundered, maimed, imprisoned, without cause and without reparation. At length your Government acknowledged the justice of our claims, and agreed by treaty to make satisfaction by payment of several millions of dollars, but this treaty has been OCCUPATION OF MEXICAN TEEKITORY. 19 violated by your rulers, and the stipulated payments have been with- held. Our late effort to terminate all difficulties by peaceful negotia- tion has l)een rejected by the dictator Paredes, and our minister of peace, whom your rulers had agreed to receive, has been refused a hearing. He has been treated with indignity and insult, and Paredes has announced that war exists between us. This war, thus first proclaimed by him, has been acknowledged as an existing fact by our President and Congress with perfect unanimity, and Avill be prosecuted with vigor and energy against your army and rulers, but those of the Mexican people who remain neutral will not be molested. Your Government is in the hands of tj^rants and usurpers. They have abolished your State governments, they have overthrown your federal constitution, they have dej^rived you of the right of suffrage, destroyed the liberty of the press, despoiled you of your arms, and reduced you to a state of absolute dependence upon the power of a military dictator. Your army and rulers extort from the people by grievous taxation, by forced loans, and military seizures the very money which sustains the usurpers in power. Being disarmed, you are left defenseless, an easy prey to the savage Cumanches, who not only destroy your lives and property, but drive into a captivity, more liorrible than death itself, your wives and children. It is your mili- tary rulers who have reduced you to this deplorable condition. It is these tyrants and their corrujit and cruel satellites, gorged with the people's treasure, by whom you are thus oppressed and impover- ished, some of whom have boldly advocated a monarchial govern- ment, and M'ould place a European prince on the throne of Mexico. We come to obtain reparation for repeated wrongs and injuries, we come to obtain indemnity for the past and. security for the future, we come to overthrow the tyrants who have destroyed your liberties; but we come to make no war upon the people of Mexico, nor upon any form of free government they may choose to select for them- selves. It is our wish to see you liberated from despots, to drive back the savage Cumanches, to prevent the renewal of their assaults, and to compel them to restore to j^ou from captivity your long-lost wives nnd rhildren. Your religion, your altars and clnn^ches, the prop- erty of your churches and citizens, the emblems of your faith and its ministers shall be protected and remain inviolate. Hundreds of our Army and hundreds of thousands of our people are members of the Catholic Church. In every State and in nearly every city and village of our Union Catholic churches exist and the priests per- form their holy functions in peace and security, under the sacred guarantee of our Constitution. We come among the people of Mexico as friends and republican brethren, and all who receive us as such shall be protected, whilst all who are seduced into the army of your dictator shall be treated as enemies. We shall want from you nothing but food for our Army, and for this you shall always be paid in cash the full value. It is the settled policy of your tyrants to deceive you in regard to the policy and character of our Govern- ment and people. These tyrants fear the example of our free insti- tutions, and constantly endeavor to misrepresent our purposes and inspire you with hatred for your republican brethren of the Ameri- can Union. Give us but the opportunity to undeceive you and you will soon learn that all the representations of Paredes were false, 20 OCCUPATION OF MEXICAN TEKRITOEY. and were only made to induce 3'0ii to consent to the establishment oi' a despotic government. In your struggle for liberty with the Spanish monarch}^ thousands of our countrymen risked their lives and shed their blood in your defense. Our own commodore, the gallant Porter, maintained in triumph your flag upon the ocean, and our Government was the first to acknoAvledge your independence. With pride and pleasure we enrolled your name on the list of independent Republics, and sin- cerely desired that you might in peace and prosperity enjoy all the blessings of free government. Success on the part of your tyrants against the Army of the Union is impossible; but if they could suc- ceed it would only be to enable them to fill your towns with their soldiers, eating out your substance, and harassing you with still more grievous taxation. Already they have abolished the liberty of the jDress as the first step toward the introduction of that monarchy which it is their real purpose to proclaim and establish. Mexicans, we must treat as enemies and overthrow the tyrants who, whilst they have wronged and insulted us, have deprived you of your liberty, but the Mexican people who remain neutral during the contest shall be protected against their military despots by the republican Army of the Union. No. 11. — Letter oe the Secretary of War to Gen. Kearny. War Department. Washington^ June S, 1846. Sir: I inclose to you a few copies of a proclamation prepared for Gen. Taylor, to issue to the Mexicans. I discover that there are parts of it that will not answer our purpose for Santa Fe or Upper California. You will not, therefore, use these copies. It is intended to make the needful alterations in it, and, thus altered, send on copies ^ to you before you will have occasion to distribute them. I must, however, urge you not to use those which have been for- warded. Yours, respectfully, W. L. Marcy. Col. S. W. Kearny. ]s^Tq_ 12^ — Proclamation of Gen. Kearny' of 31st July proclamation to the citizens of new MEXICO BY COL. KEARNY, COMMANDING THE UNITED STATES FORCES. The undersigned enters New Mexico with a large military force for the purpose of seelring union with and ameliorating the condi- tion of its inhabitants. This he does under instructions from his Government, and with the assurance that he will be amply sustained in the accomplishment of this object. It is enjoined on the citizeTis of New Mexico to remain quietly at their homes and to pursue their 1 No proclamation modified as proposed was sent.— W. L. Marcx. OCCUPATION OF MEXICAN TEEKITOKY. 21 peaceful avocations. So long as they continue in such pursuits they will not be interfered with by the American Army, but will be re- spected and protected in their rights, both civil and religious. All who take up arms or encourage resistance against the Govern- ment of the United States will be regarded as enemies, and will be treated accordingly. S. W. Kearny, Colonel First Dragoons. Camp at Bents Fort, on the Arkansas, July SI, 18Jf6. No. 13. — Letter of Gen. KexVrny to the Adjutant Gener.\l. Headquarters Army of the West, Santa Fe, N. Mex., Avgust 2J^, 181^6. Sir: I have to report that on the 18th instant the Army under my command marched into this city, the capital of New Mexico, having met with no armed resistance, the Mexican troops, numbering about 4,000, which had been collected on the road by Gov. Armijo to oppose us, having dispersed on our approaching them, and the governor him- self having fled, with a troop of his dragoons, toward Chihuahua. On the 22d I issued a proclamation, claiming the whole of New^ Mexico, with its then boundaries, as a Territory of the United States of America, and taking it under our protection. I send herewitli copies of all official papers on the subject. The people of the Terri- tory are now perfectly tranquil, and can easily be kept so. The intel- ligent portion know the advantages they are to derive from the change of government, and express their satisfaction at it. In a few days I shall march down the Del Norte and visit some of the principal cities below, for the purpose of seeing the people and explaining to them personally our intentions relating to the Territory. On my return (wdiich will be in two or three weeks) a civil government shall be organized, and the officers appointed for it, after which I will be ready to start for Upper California, which T hope may be by the latter end of next month, and in "iuch case I shall expect to have possession of that department by the close of November. I have not heard from or of Col. Price and his command, which he was to raise and bring here, and have received but vague rumors of Capt. Allen and the Mormons. I suppose, however, they will all be here in a few weeks. Capt. Allen's command will accompany me to the Pacific, and the number of efficient men he brings will deter- mine the additional number I must take from here. After deciding upon that and upon the number which will be necessary to hold this territory, I shall send the surplus to Chihuahua to report to Brig. Gen. Wool. I inclose a copy of my communication to him of the 22d instant. On the 15th instant I received yours of 2d and 3d July, the former inclosing a copy of a letter to Capt. Tompkins, Third Artillery, from the General in Chief, the latter inclosing for me a commission of brigadier general, which I hereby accept of, and for which I offer 22 OCCUPATION OF MEXICAN TEREITOKY. to the President and Senate my aclaiowledgment and thanks for tlie honor they have conferred on me. Yery respectfully, your obedient servant, S. W. Kearny, Brigadier General. Brig. Gen. R. Jones, Adjutant General U. S. Aovny, Washi7igto72. No. 14. — Proclamation or Gen. Kearny of 22d August. PROCLAMATION TO THE INHABITANTS OF NEW MEXICO BY BRIG. GEN. S. W. KEARNY, COMMANDING THE TROOPS OF THE UNITED STATES IN THE SAME. As by the act of the Republic of Mexico a state of war exists between that Government and the United States, and as the under- signed, at the head of his troops, on the 18th instant took possession of Santa Fe, the capital of the department of New Mexico, he now announces his intention to hold the department, with its original boundaries (on both sides of the Del Norte), as a part of the United States, and under the name of "the Territory of New Mexico." The undersigned has come to New Mexico with a strong military force, and an equally strong one is following close in his rear. He has more troops than is necessary to put down any opposition that can possibly be brought against him, and therefore it would be out folly or madness for any dissatisfied or discontented persons to think of resisting him. The undersigned has instructions from his Government to respect the religious institutions of New Mexico, to protect the property of the church, to cause the worship of those belonging to it to be un- disturbed, and their religious rights in the amplest manner preserved to them; also to protect the persons and property of all quiet ni, j)apers, and money thereto pertaining ready for the inspection of the prefect at all times. 12. As often and in such manner as may be required by the pre- fect, he shall furnish an account of the receipts and expenditures of ihe county. 13. He shall, at least once in every year, settle his accounts with the prefect, and at the close of the term for which he was appointed the prefect shall immediately proceed to ascertain, by actual ex- amination and count, the amount of balances and funds in the hands of such treasurer, and to what particular fund it belongs. If any county treasurer die, his executor or administrator shall immediately settle his accounts as treasurer with the prefect, and deliver to his successor in office all things pertaining thereto. 14. All collectors, sheriffs, clerks, constables, and other persons chargeable with moneys belonging to any county, shall render the'i* accounts to and settle with the court of the prefect at each stated term thereof, pay into the county treasury any balance which may be due the county, take duplicate receipts therefor, and deposit one of the same with the clerk of the prefect within five days thereafter. 15. It shall be the duty of the clerk of the prefect to keep regular accounts between the treasurer and the county, and to keep just accounts between the county and all persons chargeable with money payable into the county treasury, or who may be entitled to receive pay therefrom ; to file and preserve in his office all accounts, vouchers, and other papers pertaining to the settlement of any account to which the county shall be a party; to issue warrants on the treasury for all moneys ordered to be paid by the prefect, keep an abstract thereof, present the same to the court of the prefect at every regular term thereof, balance and exhibit the accoimts kept by him as often as required by the prefect, and keep his books and papers ready at all times to be inspected by the prefect. 16. It shall be the duty of all clerks to keep just accounts of ail fines, penalties, forfeitures, and judgments rendered, imposed, or accruing in favor of any county, or of the Territory, ready at ail times for the inspection of the judge of their respective courts. 17. It shall be the duty of the circuit court and the court of the prefect, at each term thereof, to settle with the sheriffs of the coun- ties for which such courts are holden, for all moneys by them re- ceived, or which they ought to have collected, for the use of their respective counties, or the Territory, and have not before accounted for ; they shall cause their clerks to make out a list of all sums charge- 76 OCCUPATION or Mexican tereitory. able to said sheriffs, payable to the counties or Territory, specifying on what account, and cause the same to be certified to the clerk of the i^refect, or the auditor of the Treasury, as the case may require. 18. It shall be the duty of each alcalde, at each term of the court of the prefect, to make out a list of all fines by him imposed to the use of the county, stating the name of the officer who has or ouglu. to have collected the same; which he shall certify and deliver to the clerk of the prefect, who shall charge the same accordingly. 19. Every sheriff, collector, clerk, constable, or other person charge- able with money belonging to any county, who shall fail to pay the same into the county treasury without delay, shall forfeit two and one-half per centum per month on the amount wrongfully withheh^ to be computed from the time the amount ought to have been paid until actual payment. 20. No sheriff, collector, constable, clerk, or deputy thereof shall he eligible to the office of county treasurer. 21. Each prefect shall have power to audit and adjust and settle all accounts to which his county shall be a party, to order the pay- ment out of the county treasury of any sum of money found due by the county, and to allow the clerk and treasurer of the county, for their respective services under this law, such compensation as he may deem just and reasonable. ^\ATER COURSES, STOCK MARKS, AND SO FORTH. Section 1. The laws heretofore in force concerning water course^, stock marks, and brands, horses, inclosures, commons, and arbitra- tions, shall continue in force, except so much of said laws as requires the ayuntementos of the different villages to regulate these subjects, which duties and powers are transferred to and enjoined upon the alcaldes and prefects of these several counties. WITNESSES. Section 1. In all cases where witnesses are required in any caui^e pending in any court having a clerk, such clerk, and in all other cases the person holding the court, shall issue a subpoena for sucli vritnesses, stating the day and place when and where the witnesses are to appear. 2. Such subpoena shall contain the names of all witnesses _ for uhom a summons is required by the same party at the same time, in the same cause, and who reside in the same county, and may be served in any county in this Territory in the same manner as a cita- tion or summons for a defendant. 3. A witness summoned in any cause pending in any court, and failing to attend, may be compelled to appear by writ of attachment against his body, which maybe served in any county in this Territorv. Done at the government house, in the city of Santa Fe, in the I'erritory of New Mexico, by Brigadier General Stephen W. Kearny, bj virtue of the authority conferred upon him by the Government of the United States. S. W. Kearny, Brigadier General^ U. S. Army. September 22, 1846. o LB' '12 \[