University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 12-16-1889 Letter from the Secretary of War, transmitting a report upon the war claims of the State of California, in response to Senate resolution of February 27, 1889. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indigenous, Indian, and Aboriginal Law Commons Recommended Citation S. Exec. Doc. No. 11, 51st Cong., 1st Sess. (1889) This Senate Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact darinfox@ou.edu. 61ST CONGRESS, l 1st Session. § SENATE. LE T·T E -R FRO.M { Ex.Dou. No.11. THE SECRETARY OF WAR; TRANSMITTING A report upon the war clainis of the State of California, in response to · Senate resolution of February 27, -1889. . DECEMBER 16, 1889.-Referred to the Committee 'on Milit~ry Affairs and ordered to · · be printed. 'WAR DEPARTMENT, Washington Oity,.December 14, 1889. The Secretary of War has the honor to transmit herewith, in compli-ance with resolution of the Senate of February 27, 1889, reports on the war claims of the State of Califo!'nia, submitted by the board of offi-·cers on State and Territorial war claims appointed under section 2 of ·the act of Congress entitled "An act for the benefit of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevada, and the Territories of Washington and Idaho, and Nevada when a Ter-ritory," approved August 4, 1886. REDFIELD PROCTOR, Secretary·of War. The Pn,ESIDENT OF THE UNITED STATES SENA'.l'E. · ReBolved, That the Secretary of War, through the Board of War Claims Examiners, appointed under section 2 of the act of Congress entitled "An act for the uenetit of 'the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevafla, and the Territories of Washington and Idaho, and Nevada, when a Territory," ap-proved August 4, 1886, be, and he is hereby, authorized and directed to examine all accounts, papers, and evidence which heretofore have been, or which bereaftei' ma,y be, submitted to him in support of the war claims of the States of California, Oregon, and Nevada, and Nevada when a Territory, growing out of the war of the rebellion, and in suppressing Iudian hostilities and disturbances during the war of the rebellion, and in guarding the overland mail and emigrant routes during and subsequent to the war of the rebellion, and to ascertain and state what amount of money each of said States, and Nevada when a Territory, actually expended, and what obligations t,hey incurred for the purposes aforesaid, whether such expendit,ures were made or obliga-tions incurred in actual warfare, or in recruiting, enlistin~, enrollinrr, organizing, arming, equipping, supplying, clothing, subsisting, drilling, farni8hing,0transporting, and paying their volunteers, militia, and home guards, and for bounty, extra pay, and relief paid to their volunteers, militia, and ·home guards, and in preparing their volunteers, militia, and home guards in camp and tield Lo perform military service for the United States. The Secretary of War is also directed to ascertain what amount of interest has been paid by each of said States, and Nevada when a Territory, on obligations incurred for purposes above .enumerated. The Secretary of War shall report to Congress the S.Ex. 2-1 2 CALIFORNIA REBELLION WAR CLAIMS. amount of monev which may be thus ascertained to have been actually paid by each of said States and Nevada when a Territory, on account of the matters above enumer-ated, and als~ the amount of interest actually paid or assumed by each ofl;aid States, and Nevada when a Territory, on moneys 1Jorrowed for the purposes above enumer-ated. And the Secretary of "\Var shall also report t he circumstances and exigencies under which, and the authoritv by w hicll, such expenditures were made, and what payments have been made on account thereof by the United States. WAR DEP.A.R'.l.'MENT, EXAMINERS STATE WAR CLAIMS, Washington, November 25, 1889. Sm: A resolution adopted by the United States Senate on February 27, 1889, directs the State VVar Claims Examiners, ap[fointed under the act of Congress approved August 4, 1886, t o examine all accounts, papers, and evidence which have been or shall be submitted -to the Sec-retary of War in support of the war claims of the States of California, Oregon, and Nevada, and of Nevada when a Territory, growing out of (1) the war of the rebellion, (2) the suppression of lndja,n liostilitieR and disturbances during the war of the rebellion, and (3) the guarding of the overland mail and emigrant routes n ·ub 'equ ntl abau~c(jje{Pi~.~~~~s)_ :::::: :::::: ::: : :::::::: ::: ::: :::: :: : : : Democrat (Breckinridge) ................... . .... , ... . . . .. . Governor (1861): ~e;;!~:~~~~~~::: :: :: : ::: : : : : : : : : ::: : : : : : : ::: :: : : : : : ::::: Sup;!~~b&i:~.1&1 ~~~ ~~-s:~-~~~i~-~ _(~~~~~ ~ ...... ___ . ___ .. __ . ___ . i~~s~i~:~~~~~~: : : : : : : : : : : : : : : : : : : : : :~:::: : : : : : : : : : : : : : : : . Governor (1863): ~!~icrat ..... ::::. :: : ::::::::::::: :: : :: : : ::: : :::· ::: : :: :: : 39,173 32. 963 5 19 38,516 32. 410 19 38 (i, 817 5. 754 1 34, ~34 28. 873 11 22 56,036 46. 88 16 41 30,914 25.84 ::.6 29 32,750 27. 35 8 10 51,238 57. 85 32 63 21,514 24. 30 4 10 15,817 17. 85 4 7 64,447 59. 04 35 72 44,715 40. 96 5 8 President (18M) : Republican••··•·····................... . .................. 6'.!, 134 58. 763 Large Union Jue~c~~~c;::~e~-o"~;t·(1865)~---·············· · ··· · ······ · ····· 43,841 41.237 majrity. E:~ic~ai::::::::::::::::::::::::::::::::::::::::::::·:::::: ~i: m ~: ~~ 3~ I ii 0~ April 5, 18?~,.only a few weeks before the pa'ssage ~f the act ''In relat10.n to the m1htia o~ the State,'' General Wright (a shrewd obser,·er of current events, as his numerous official communications attest) re-ported" the political status of the country unchanged. Quiet through-out." (Page 56, Ex. Doc. 70.) And again, on May 2~, 18G2, in a letter # During t~e years 1861 an~ 1862 the adherents of the secession movement were repres~nted rn the ~tate election by an independent ticket as will be seen by the f~e, which_ pr~sents -~ co_mpre~ensive staten1ent' of the strength of the differ~nt pohtw~l partie~ m Cah~orma. during the war period. The table has been comp~led from mformat10n obtamed from the Tribune Almanacs for the years iu question. · 12 CALIFORNIA REBBLLION WAR CL~IMS. to . the Adju'tant-General of the Army (Page 65, Ex. Doc. 70), he ex-})ressed himself thus: I am happy in being able to assun~ the department of the firm and unwavering :fidelity to the Union and the Constitution oftbe people on the Pacific coast. Altbou~·h we have in our midst rebels and ardent sympathizers witl{ the rebellion, yet their voices are drowned by the overwhelming majofity of U1lion-loving citizens on this far-distant shoi.:e. ' . The greatest strength of secession sympathizers was in southe'rn Cal-ifornia, and there, partly with the OQject of holding it in check, a co11-siderable force of United States troops was maintained. For further interesting information respecting this branch of the in-quiry, your attention is invited to official communications of the com-, manding general, Department of the Pacific, printed on pages 5, 9, 29, 95, 113, 114, 116, 164, 169, 175, Ex. Doc. 70; also to a letter from citi-zens of San Francisco, page 11, ib. . Conceding, however, as we readily do, that the knowledge of the avowed loyalty of the organized militia and of its effectiveness as a coercive instrumentality had its effect in prevelltiilg any uprising against the constituted authorities of the State as a member of the Union, the question still arises whether it was not primarily the prov-ince elf' the State, with the great bulk of its population devoted to the cause of the Union, to put down such uprising had it occurred. The Federal Constitution imposes upon the General Gow~rnment the duty of protecting each State against domestic violence only upon application of the State legislature, or upon application of the State Executive when the legislature can not be convened; the infereuce ,being tliat unless the revolt is from the beginning of such magnitude that it is manifest to the State authorities that they can not cope with it they must exhaust their own power in an effort to suppress it before calling for Federal aid. It also appears from the reports of the commanding general Department of the Pacific, that he kept himself fulJy informed of the political situation as it existed ftom time to time within the ter-ritory embraced by his command and that be made his dispositions accordingly.* (See pages 5, 15, 18, 21, 29, 40, 41, 44, 51, 61, 62, 95, 164, 170, 175, 226, Ex. Doc. 70.) . It remains to consider the letter of Mr. Seward and to determine whether the claim that in effect if not in express terms it amounted to a call by the Government upon California to prepare her militia to defend the State against an anticipated foreign attack can be main-* It must not, however, ue inferred that General Wright, the department com-mander, was indifferent to the preparations the State authorities made for putting down a possible attempt of the seces ion part.y to obtain forcible control of the State government. On the contrary his official letters show that he encouraged such prep-arations on the part of said authorities, and that he had implicit confidence iu their loyalty and good judgment. Indeod, in .i, letter from him dated December 15, 1862, which has been hut recently diRcove1·ecl (it was not submitted to the examiners until ovember 20i l O, when they snpposed they had been put in p0t'lses io11 o( all the ~vicl nee bearing on the cas of t,he tate except snch as related to the payment, of 10tere t), he reqne tele to find in the copies furnished us of the communications of State officers recommending the enactment, or reporting the effect, of laws appropriating money fpr the benefit of the mili~ia, any expres~ion of a purp~_e to apply for, or of an expectation to obtam unasked, re-1mbursement of such moneys from the national Gov-~rnment until on January 17, 1866, Mr. J. Oulton,-comptroller, replying !n a !etter addressed to the governor, to what appears to have been au ~nqmry from the Hon. James G. Blaine, stated as follows, after report-mg the several amounts expended by and still due from · the State "in support of the late war for 'the preservation of the Union," viz: Under tb_e_a~ts for the defense of th~ St.at_e the sum of $180,000 has betin expeuded and our m1ht1a system has cost the State m the neighborhood of $400,000, both of 16 CALIFORNIA REBELLION WAR CLAIMS. which items of expenditure may be directly traced to the reuellion, althoug11 not in-cluded in the class of expenditures named in the letter of Hon. James G. Blaine, in-closed. (Seep. 82, Statement for Senate Committee on Military Affairs.) Had the Government deemed ip necessary at any time, as a precau-tion against threatened foreign invasion, to increase its military force on the Pacific coast, it is likely that it would have done so by calling for additional volunteers, since for reasons of economy and convenience it became its settled policy soon after the outbre~k of the war to obtain the troops it needed ( except for very sudden emergencies such as oc-curred shortly before the battle of Gettysburg) under the constitu-tional power "to raise and support armies," rather than under the power to "call forth the militia." But what it probably apprehended on the Pacific coast and elsewhere was not so much the landing by a hostile fleet of an expeditionary force of troops sufficiently large to invade and occupy any portion of our territory (the prep,aration of such a force could hardly be kept secret and the transportation of it would consume much time), but the sudden appearance before one of our sea or ll}ke-port cities of an enemy's vessels of war with guns of sufficient power and range to destroy it or to exact a contribution from it under the threat of destruction. It is true the acts of the legislature of April 25, 1863, and April 4, 1864, appropriated $180,000, to be used in equipping the mihtia, for the express purpose of placing the State " in a more efficient state of defense against foreign internal foes;" but it is not established that at this time the State was in such imminent danger of being iuvaded as to warrant it to prepare to engage in war, or that the General Government, upon which the duty of" providing for the common defense" and of protect-ing "each State against invasion,'' is imposed by tbe Federal Constitu-tion, was unprepared to resist the iuvasion of California in case it sh~uld be attempted. · The fact, as it appears to us, is that the expenditures referred to, in-cluding those for. "equippfog the militia," were incurred for purposes incidental to the training of the militia, and not in actually repelling in-va ion, orpreparingto repel any particular force whose o°Qject was known or believed to be the invasion of California; nor in suppressing Indian hostilities, or protecting either of the overland mail or emigTant routes. ~rhere is no evidence vre ented that any portion of the California militia, except the iugle company of ninety-clays' men-the expenditures on who ·e account the Government has ince refunded-took the field against a foreign enemy, marauding Indians, or highwaymen. Prior to pril 25, 1 63, the militia seems to have been assembled for parade and in truction by brigade, regiment, or company from two to six days an-nually, besides bei11g instructed hy company once a 01011th. The com-panie of the San I◄ ranci co County militia drilled as often as once a w ek. 'ub ·equ utly, aud duriug the year 1863 at lea t, tl.Je parades, inspec-t ion , and drill. a for :-aid were continued, and in addition thereto the ilic r · and non-co,hmis ioned oflicers of the militia were ordered into a c ntral camp of in:trnction for ten mpri ing both officers au1 - G4, : tat •nHmt for I enate Military Uommittee); that the ~ tat• a11 hori ti·: i11 1iro,·i,ling tu ,means for tlw military iu,·truction, au l th m •11 in a,·~ ili11g th ,rn ·elve,· of iL, r alizeigu ·ompli ·ations n: tLlting there-CALIFORNIA. REBELLION WAR CLAIMS. 17 from coupled with the fact of the isolated and exposed position of California, might at some time render the organization within the State of a volunteer army of considerable magnitude a necessity to the Gen-eral Government, and that such an army ~ould be all ~he ~or~ _e~-cient for being composed in p·a1·t of men tramed to arms m the militia. And it is admitted, as claimed, that but for the existence of the state of affairs above described the legislature would probably have been less liberal in making provision for the militia. But it is not shown that the · General Government called upon the State to subject its militia to any special course of instruction; and it is to be borne in mind that while the Constitution has confided to Congress the power to provide for organizing~ arming, and disciplining the militi~, an~ for governin_g· such part of them as may be em.ployed in the service of the United States, it has reserved "to the States respectively the appoint-ment of the officers and the authority of training the militia according to the discipline prescribed by Congress." No payments whatever on account of the expenditures for the mil-itia herein considered, amounting in all to $468,976.54, have been made by the United States. · _ In concluding our remarks upon the claims of California for re -im-. bursement of moneys expended in the maintenance of her militia, we deem it· proper to repeat what in effect has been pointed out before; namely, that the expenditures were incurred <>Ye bown, may m rely iuclicate that the tate in order to P 11nber of r emits vrn. willrng to add to the premium allowed b· CALIFORNIA REBEtLION WAR CLAJMS. to have been expended by him in superintendingrthe passing of the \act." Each of the two sets of vouchers taken by Colonel Brown from his company officers was lost in some unaccountable way; and it is therefore impossible to discover for what purpose the remainder of tl:ie monev was expended. That the bulk of it. was duly distr huted among the p~oper company commanders_ appears to be infer~,ble from the pa-pers filed, with a differen_t abstract (Abstract N). No accoqnts wh~t-ever, so far as known to us, were rendered by the two officers who dis-bursed the money allotted to the other battalion, _known a~ the native , California Calvary, except that one of them (Ma or ValleJo), a~ter ac-knowledging the r~ceipt of $1,797.14, on December 23, 1863, certifies on April 30, 1866, that he received $1,600, and that he distributed $1,300 thereof to three company _officers whom he names, without indicating _ what disposition be ~ade of the remainder of the moriey. -.:-Including premiums and bo11:nty paid to recruits, $70,156.46 (as shown by Exhibit No._7) was expended by the United States in connection with the recruitment of the organizations herein referred to. , , . . (2) PAY OF CERTAIN' OFFICERS OF CERTAIN VOLUNTEER ORGANI-ZATIONS RAISED FOR THE SERVICE OF THE UNITED S'.l'ATES. In order to compensate the officers of the volunteer companies that had been, or were then being, raised in California for the United States ·service under the governor's call of February 5, 1863, "for services rendered in raising recruits for their com·panies during the tinie inter-vening between the date of each receiving his commission and the date of his being mustered into service of and receiving pay from the Uni-ted States," which said interval had been greatly protracted "owing to the tardy manner" in which v,olunteering had progressed under said · call, subjecting the officers concerned. to great expense, and in some in-stance.s, where they were compelled to abandon the enterprise, to abso-lute loss, the legislature appropriated, by an act that was approved April 4, 1864, a sum not exceeding $65,000, to be known as "The line ~ officers' relief fund," from which every such officer was to be paid from the time of receiving his commission to the time of his muster into the Unite~ States service the same pay and allowances received by U.S. Army officers of the same grade serving in California, provided that there was to be deducted from the , amount thus computed ~ny amounts received by such officer during such interval, either from the General Government for services, or from the State under the provis-ions of the act of April 10, 1863; of which, as bas been shown under the preceding caption, the same officers were the beneficiaries. , Payment was to be made . as follows: Each officer was to send in monthly or at greater intervals bis pay account, properly certified ac-cording to Form 3 of the U. S. Army Regulations then in force to the adjutant-general of the State, and upon the latter's certificate of the cor-rectness and justness of the account the comptroller was to draw his war-rant upon the treasurer for the amount certified as due, and such war-rant was not to be assignable. • For the purpose of carrying the provisions of the act into' effect and ., providing for the said relief fund, bonds in sums of $500 each to the amount pf $65,000, with coupons for the interest attached.to each bond ·· were to be issued, the same to bear interest at the rate of 7 per cent: per year and to be redeemable at t,be office of the treasurer of the State on July 1, 1874. (See page 67, Statement for Senate Committee on Mil~ itary Affairs.) 20 CALIFORNIA REBELLION WAR CLAIMS. Warrants drawn by the State comptroller for the sums claimed to be due the several officers under the provisions of the act as aboYe outlined were paid by the State treasurer to the amount of $23,277.34, as shown under .Abstract N, Exhibit No . • 1. These paid warrants are accom-panied each by a statement showing date of commission, date of muster in, or revocation of commission,* amount due by State under act of .April 4, 1864, and the amount deducted therefrom as having been paid under the act of April 10, 1863; but only a few (14) are supported by the proper certificates set out in Form 3 above referred to, tliough the prescribed certificate of the adjutant-general is attached in all but one ca~e, where the officer seems to have been paid under the provisions of a special act. In one other case (Voucher45) the warrant seems to have been indorsed over by the officer in whose favor it was drawn to an-other person contrary to the provisions of the law. By reference to the accompanying table, which has been compiled from information obtained from the records of the State of California and of the United States Treasury Department (herewith marked Ex-hibit No. 8), it appears thai $2,946.24 has been paid by the United Statefl to officers for services rendered in certain months that are found to be embraced within the periods for which the State paid them under the provisions of the law of April 4, 1864. The circumstances and exigencies under which the State of California made these payments are sufficiently indicated in the act of the legis-lature above outlined, but the opinion expressed in the '' Statement for Senate Military Committee," that "Congress, recognizing the justice of this class of claims at a much later date, passed a law on June 3, 1884, covering tbe same subject" (see page 9), is not sufficiently explicit . .As a matter of fact the Congressional legislation referred to does not in every case authorize the payment by the United States of company officers of volunteers from date of commission to date of muster in (as might be inferred from what has 1,een quoted); on the contrary it con-firms the rule upon which the War Department acted during- the late war and bas acted up to the present time, to wit, that such officers are entitled to recognition, muster, and payment by the United States as follows: rhe :first lieutenant from the date when one-half of the pre-scribed minimum of the enlisted strength was mustered, and the cap-tain and second lieutenant when such full minimum strength was actually enrolled. What the legislation mentioned doe8 provide for is, in substance, this: That where for any reason officers were not at the time mustered in accordance with the rule above mentioned, as where they had not received their commission, or having received it were be-yond the reach of the mustering- officer, they shall now be so mustered and paid, provided they were actually performing the duties of the grade to which mu tered, or that they were absent on account of wound or disease contracted in the line of duty, or were prisoners of war. It i pre urned that in the great majority of cases the officers of the organization who were paid by the State under the act of April 4, 1864, were mu t r d into the ervice of and received pay from the United tat in accordance with the above-mentioned rule. A few of aid offi-c r. have, upon tb ir application, be n mu, tered as of a date anterior to th ir origin: l mu t r, upon the pre entation of evidence that they were ntitl cl to uch remu t r under th act of June 3, 1884. It i clear that cruited for the e organization not mn. tered into the United CA.LIPORNIA REBELLION WAR CLAIMS. 21 . I in the latter cases the State was in strict justice, though not in law, en-titled to the pay that accrued to these officers by reason of such re-muster. - Congress might of course direct that all moneys still due (under the act of June 3, 1884, and the act amendatory thereof) to offi-cers of California volunteer org·anizations raised under the call of the - governor bf the State, dated February 5, 1863, shall be paid to the State of California; but the amount that the State would be enabled to recover under such authorization would probably constitute but an insignificant proportion of the original outlay. · . It is proper to state here that the rule in reference to the muster and payment of company officers of voluntP-ers commissioned by governors of States, was adopted after mature consia.eration, from a conviction that any other would work great injustice to the United States. Per- , sons frequently received commi~sions from the governors of their re-spective States during the late war who did not succeed in raising the requisite number of men, and consequently were never mustered into the United States service. It is not known that Congress has seen fit, so far, to depart from this rule in a single instance; if such departure bas been hitherto authorized- it bas not been brought to the notice of the exam-iners. (3) EXPENSES OF ADJU'l'ANT-GENERAL'S OFFICE, [Abstract H, Exhibit No. 1.] ' As shown by the paid warrants the sum of $38,083.17 was expended by the State under this head during the War of'the Rebellion, of which $14,858.05 ·was for salary of the adjutant-general, being at the estab-lislied rate of $3,000 per year, and $23,233.12 for hire of clerks and porters. For the reason that in every loyal State, during the war petfod, · much of the time of the adjutant-general and his assistants was occu-pied in the transaction of business relating to the volunteers raised in the State, similar claims from other States have heretofore been allowed and _paid.by the United States. (4) ORGANIZING VOLUNT~ERS, [Abstract M, Exhibit No. 1.] Under this hea_d the expenditures of the State, as evidenced by the paid warrants, amount to $5,639.34, itemized as follows : Three thousand dollars for printing relief bonds, and $2,639.34, for rent of adjutant-general's office from July 24, 1861, to August 20, 1866. (5) BOUNTY TO ENLISTED MEN. [Abstract Q,'Exhil.ri.t No. l,] By the act of April 4, 1864, the legislature granted to ,every soldier who should thereafter enlist during the existing rebellion for three ' years or the war~ as part of the quota of volunteers of the State under ~be la~s. of Congress and the orders of the President, a bount_y of $160 !n add1t10u to other bounties and pay then provided for and author-1zed by any law of the State. To every person .:io enlisting who had previously served six months or more in the U. S. Army or the Marine O?~PS and had b~en honorably discharged therefrom it granted an ad-d1t10nal bounty m tM further sum of $140. This bounty was to be -22 CALIFORNIA REBELLION W.AR CLAIMS. I aid in certain specified installments to the soldier in person or "upon (properly attested) certificate8 executed by such solditir after each suc-cessive payment suall have fallen due"; such payme11t~ were also au. thorized to be made -to the wife or family of the soldier, he "having :first filed in the office of the adjutant-general of the State a power of attorney to that effect, executed before and certified by" his command-ing officer. The full amount of bounty was granted to soldiers honor-ably discharged from the service in consequence of wounds received or disease contracted ther~in, also to the heirs of soldiers dying from dis-ease or wounds so incurred, and to soldiers who should be discharged by reason of the close of the war; but the act provjded that the allow-ance of bounty should cease upon the dishonorable discharge of any soldier or upon his discharge for disability existing at or prior to his enlistment. For the payment of liabilWes created under the provisions of the act bonds, in sums of not less than $100 each, bearing interest at the rate of 7 per cent. per annum, with coupons for interest attached to each bond, were to be issued to the amount of $2,000,000, such bonds to be redeemable at the office of the State treasurer July 1~ 1884. (Pages 69-72, Statement for Senate Committee on Military Affairs.) The act was amended January 11, 1866, in respect to unimportant particulars, relating mainly to the disposition to be made of bounty that bad accrued to deceased soldiers and prohibiting disloyal persons from receiving any benefit therefrom. Warrants to the amount of $900.839.50 were drawn in favor of sol-diers entitled to bounty under the provisions of the ~wt · or of tbeir attorneys, and paid by the State treasurer. Such payments were made upon the prescribed certificate of the proper commanding officer of each soldier, approved by the" boar • an official I tt r, written January 8, 1864, to the Adjutant-" r I of h rmy by G neral Wright, commanding Department of th Pc ·ifi •, in whi ·h h xpr d the hope "of procuring quite a num-b r of m u ho w u1d pr t r Yolnnt ring to running the chance of l> ft d. (Pa ere ... 0 , Ex. Doc. 70.) The 'expectation that the CALIPORNIA. REBELLION WAR , CLAIMS, tnere fear o( a draft would sufficiently stirnulat~ volunteering had not, sonrn months later, been realized; and nuder all the circumstances, and prompted by the desire above mentioned, the legislature doubtless deemed it wise to enact the bounty law of April 4, 1864. Attention is. called in " Stateme-ut for Sena,te Committee on Military Affairs" (page 27) to the third sec~io_n of an act of Cong:ess ~9 U. S. Stats., 439) granting to persons enhstmg on the Western frontier, and_ at remote and distant stations, a bounty equal in amount to the cost of transporting and subsisting soldiers from the principal recruiting depot in the harbor· of New York to the place of enlistment, and it is argued tlrat if it was just, proper, and expedieut to- grant such a bounty to men enlisting in · the Reg·ular Army in such localities in time of peace, the allowance by California of a -bounty to its volunteers when they were in the actual and active 3ervice of the United States in time of war, and '' while the exigencies exceeden of the Army stationed on the PacHi.c coast ex-i t d, and i r f rred to in th '' tat ment for 'en ate Military Committee." During the p riod from , ptember 2 , 1 50, to farch 1, 1 5:3, officers and enlisted men serving in California and Oregon wer under the then xisting law entitled to pay in addi-tion to th ir r gular pay and allowanc , as follows: Enli ted men to a per el cruisers had made the sea routes both hazardous and expensive. Two expeditions com-posed of California volunteers, under the command of Brig. Gens. James H. Carleton and Patrick E. Connor, respectively, performed perilous and exhausting marches across a desert and over an almost impassable country and established themselves, the latter in Utah-where, besides protecting the mail routes, a watchful eye was kept on the uncertain and sometimes threatening attitude of the Mormons-and the former in Arizona and New Mexico, which Territories were thereafter effectually guarded in the interests of the United States against Indians and rebels. On the other band, we feel it to be our duty to point out that the disadvantages and dangers to which her isolated position exposed her were not without their corresponding advantages; for in the struggle for the suppression of the rebellion her resources, in men at least, were not taxed in the same degree as were those of the loyal States in the East. No regular quotas under the various calls for troops were as-signed to California, but she furnished upon the several requisitions of the Government for service in the Department of the Pacific 15,725 volunteers (see statement prepared in Adjutant-General's office here-with, marked Exhibit No. 13), besides maintaining- an organized militia numbering about 5,000 men during 1862 and 1863, and 8,250 men dur• ing the year 1864 (judging from the annual reports of the adjutaut-gen-eral of the State to the governor during those years*), which mili-tia was drilled once a month-in San Francisco County as often as once a week; was paraded and inspected from four to six times a year, and . in l 8G3 was encamped by brigade for ten days, the officer~ and- non-com mi sioned officers being further instructed in camp duties for an ad-ditional ten days during said year of 1863. If we count as volunteer's the. e militia men, who did not leave their avocations except during the J)eriods of encampment (to t"' 1-i ~ 0 ~ ~ p:.-.. ~ tr.J td tr.J t"' t"' ..... 0 z :g > ;,, C t"' > ..... ~ ?2 Act Apr.' 24, 1862, and Apr. 25, 1863. Drilling !Jlilitia. .•••.•••• -~-- •. Act Apr. 24, 1862, .... ... .. . . . . . and Apr. 25, 1863. ... Total. ••..••.•.••.•••..••. .. .............. M 1860-'67 •••••• J ••••••••••• . Act .Apr. 24, 1862, anclApr. 25, 1863. Organizing militia, .•••.••.•••.. 14,244.36 0 1864 ..•.•••.••••••••••••••. Act Apr. 24, 1862, Pay of militia ..••••.•••.••••.. 30,975.41 ancl Apr. 25, 1863 (8ec. 48). State staff officers . .' .. ~ ••.•••.. -. Act Apr. 24, 1862, 52,992.53 and Apr. 25, 1863. - ... t" 1-4 lzj 0 l;:d z 1-4 > pj t_,:j td t_zj' t" t" 1-4 0 z ~ > l;:d a ~ > 1-4 ~ rn 0, ~ 32 CALIFORNIA REBELLION WAR CLAIMS. EXHIBIT No. 2. Eitracl from ,in act of the California legislature approved Ap-ril 24, 1862, entiUed "An act in relation to the militia of the State." HOW CALLED INTO ACTIVE SERVICE. SEC. 36. In case of war, insurrection, or rebellion, or of resistance to the execution of the laws of this State, or upon the call or requisition of the President of the United States, or upon the call of any officer of the United St!tesArmycommandingadivision, department, or district in California, or upon the call of any United States marshal in California, or of any-mayor of a city, or president of the board of supervisors of the cities and counties of Sacra.mento and San Francisco, or of any sheriff, the commander-in-chief is authorized to call into active service any portion of the organized or enrolled militia of this State. In case of the absence of the commander-in-chief from the cap-ital, or if it be impossible to immediately communicate with him, the civil or military officer making the requisition for troops may, if he deem the danger imminent and not admitting of delay, serve a copy of such requisition, together with a statement of the governor's absence, or the impossibility of immediately communicating with him, upon the major-general, or, in his absence, upon the general of the brigade, who is hereby authorized to exercise, with respect to calling out the troops of his division or brigade, the powers conferred in this section upon the governor; but if the call shall be disap-proved by the governor, the troops so called into service will be immediately disbanded. Such call for any portion of the organized militia shall be made by an order issned and directed to the commanding officer of the company, battalion, regiment, brigade, or di-vision which is so called into service, designating in such order the particular troops called, the time and place of rendezvous, and the officer to whom they shall report. If such order be directed to the major-general of division, it will be immediately commu-nicated to the brigadier-generals, and by them to all the officers· of their respective bri-gades; and '.my officer receiving such order will rendezvous and report for duty, as herein directed; and any officer commanding an organized volunteer company, or battalion, on receiving such order, will immediately proceed to notify the eame to each individual of his command by personal notice, or by publication in some newspaper, or by the usual posting in public places in the county or counties from which the call is made, and such officer shall attend in person, or by deputing an officer of the organized militia in his place, at the place of rendezyous, and take the names of all volunteers for service under such call; and if the number of such volunteers shall be sufficient to form one or more companies or battalions, according to the provisions of this act, he shall immediately call and superintend the election of the officers of such companies, or battalions, which elections shalJ be conducted in the manner prescribed in this act for the election of offi-cers of volunteer companies and battalions, except as to the publication of notice of such election; a proclamation of the call of such election, made by the officer calling it at the place of rendezvous, being deemed a sufficient notice. But the commander-in-chief shall have authority, if he shall deem it expedient, to direct that a portioit of the volunteers so presenting themselves shall be assigned to organized volunteer companies, or battalions, already in active service, whose numbers are less than the full comple-ment pre cribed in thi act, after which those volunteering shall organize and elect as herein pre cribed: Provided, othing herein contained shall be construed to give any officer authority to call out troop for service against Indians in this State until the sen-ior officer of the United States Government in service at the headquarters of the United tates troops in this State shall be officially notified by the governor, major-general, or ome brigadier-general of the necessity for the service of troops against Indians, and shall have refused or declined t-0 order out the United States troops for said service. , 'E •. 37. If the number of volunteers so presenting themselves at the place of rendez-vou hall not be ufficient to satisfy the call of the commander-in-chief, the brigadier-general of the brigade in which uch call is made shall promptly proceed to draft from the enrolled militia of hi brigade a sufficient number of men to satis(y said c.1.ll, and thi draft hall be made by putting the names of all the enrolled militia of the county, or counti from which the order directs the forces to be raised into a box and draw-ing th r fr m a nfficient number of names to satisfy the call. The persons who e name ar :o dr, wn will be . ummonecl by ome officer or officer appointed for that parpo. e hy th hrigaicion. . Voucher 14, third quarter 1863, paid Capt. Joseph S. Knower, Company H, Sixth California Infantry Volunteers, September 1, 1863 .. _________ ···-- ___ ..:___ 50. 22 Item for subsistence of recruits from February 23 to April 5, 1863, (he_yond amount allowed by the "Quited States), $36. 72. In the account of Owen Fallon, certified to by Captain Knower, and paid by the United States through Lieut. Col. George H. Rinµgold, at San Francisco, Cal., on July 24, 186:{, $171.20 was charged; $139. 20 wa::i paid, and $:-32 disallowed, and not $36. 72, as charged in this iiem of account; clearly an a.ddi~iona.l and overcharge of $4. 72 on this ac-count. Voucher 19, third quarter 1863, paid Lieut. John M. Shrader, of Company D, Sixth California Infantry Volunteers, September 17, 1863 ____ ________ _ ___ _ 20:00 is for the subsistence of Daniel F. I~ill and John Riley, at Oroville, Cal., from • August 24 to September 8, 186J, _and August 29 to September 18, 1863, re-spectively. The United States, through Lieut. S. Munson, M. and D. officer at San Francisco, Cal., paid $10 to Lieut. John M. Shrader on October 21 1863 for the subsistence of these men from August 24 to September 8 and August 29 to September 8, 1863, respectively, at the rate of forty cents per day. Eighty cents per day additional is now charged in State voucher for same service. This is either a duplicate paymeqt or an overcharge, as the sum of $1.20 per day per man was seldom charged even jn California. · Voucher No. 13, fourth quin-ter 1863, paid Lieut. John Drum Company G Sixth California Infantry Volunteers, November 11, 1863 ____ ' ____________ ~ 98. 25 The item for transportation of self from SaGramento to Placerville Cal. on Septem?er 4, 1863, for which $5 is charged, i~ clearly a double payment, as the Umted States, through Capt. H. B. Flemmg, M. and D. officer, paid to H. Mu~tford, agent Pione~r Stag~ Company. on February 24, 1864, the sum o~ $7. lo for the transportat10n of L1eut. John Drum from Sacramento to Placer-v1lle on _September 4, 1863, 44 miles, at 16} cents per mile, on accounts certified to by Lieutenant Drum. · I I 36 CALIFORNIA REBELLION WAR CLAIMS. EXHIBIT NO. 6. Sf,at,edaims-Oalifornia-Aostract F. Suppo8ed duplicate payments of premiums for recruit Sixth Infantry, California Volunteers. Name of recruit. Owen Crane ............................ . John Cups .............................. . Jos. Dougherty ....................... . John Corbett ......................... .. Thomas P. Thomas .............. { Thomas O'Brien ......... ........... . John Conolin ................•..• ; .... . William G. Young ................. . T. L. Henderson .......•.............. P.H. W.Harms ...... ................ . Jas. H. Hawkins ..................... . Michael Faust ........................ . James Walsh .......................... . William H. Dunlap ................ . Patrick Farrell ..... ........ , ......... . Jas. L. Cannon ........................ . Stuart Elliott .......................... . John Hughes ..................... .... . Francis Klausman ................. . William 0. Whe~lock ........... { Patrick McGuire .................. { John Bellinger ......... ············ 1 George Thompson ..... : ........ . Michael Mallen ............... .... . C.H.Buck ............................ . August Kitzenberger ............. . Jos. Hans .......................... . . John Denninger ................. . Louis C. F. Dunneman ....... . John Green ......................... . Frank Victor ..............•........ Ernest Schoepf ................... . John Murphy ..................... . Frank Frederick .................. { Thos. Hogan ............... ....•.... { Chas. Thorpe ..................... . John Gubler ... .................... . Wm. H. Hinkle .................. . Richard Beers .................... . Patrick i\faloy .................... . Michael Ma.nning"••··········· .. Jacob Dense ....................... . August eyer ......•••••.••.....•• ~ John CotterH••·······--············· l Jam ullivan ......... " ........ . J mith ............•............. Amount Party to whom. voucher Party to whom records in Bounty and Claims Di-vision, ,var Department, shows payment by United States. paid. shows payment. $10.00 10.00 10.00 10.00 5.00 10.00 10.00 10.00 10.00 10.00 10.00 10. ()(J 10.00 10.00 10.00 10.00 10. 00 10.00 10.00 10.00 5.00 John O'Connell.................. S. Gray. John P. Miller..................... Do. • James Ward ..... .. ............... . C.H. Buck. Oharles H. Buck................. William Barrett. William W. Elliott ...... .' •..... George T. Wallace ........... . I-I.A.Gray ........ .................. . C.H. Buck ......................... .. J.F.Wall .......................... . . James Ward ...................... . G. T. \Vallace ..................... . J.F.Wall. .......................... . James Ward ...................... .. G.T. Wallace ..................... . W.A.Henry ....................... . William A. Henry ............. . J. F. Wall .................... ....... . James Lawlers ................. .. J.Ward ............................ .. W. 0. Wheelock ......... ........ . William W. Elliott. G. T. Wallace. H.A.Gray. C.H.Buck. Do. Do . G. T. Wallace. James Higgins. Do. C.H.Buck. J as. L. Cannon. Patrick Farrell. C.H.Buck. James Lawlers. C.H.Buck. 1g: gg . . 'i-i~~~y\v.'iii:°~~·i~::::::::::::::: G. T. Wallace. 10.00 5.00 10.00 5.00 10.00 5.00 10. 00 5. 00 10.00 10.00 5.00 10.00 5.00 10.00 5.00 10.00 5.00 10.00 5.00 10.00 6.00 10.00 5.00 10.00 5.00 10.00 5.00 10.00 5.00 10.00 5.00 10.00 5.'00 10.00 5.00 10.00 5.00 10.00 5.GO 10.00 5.00 10.00 5.()Q 10.00 5.00 10.00 5.00 10.00 5.00 10.00 Henry W. Maxim:' R. Robinson ....................... . '\\I illiam W. Elliott. ··ii~;.;,~;;·w:M~~-i~::::::::::.:::: Henry W. Maxim. F.G.Salmon ...................... . ·A;;g;;~t;;~·Miil~~.'.'.':.':::::::::::: F. Salmon. ........................ ...... ............... G. W. Wallace, John Luze ................ :......... C.H. Buck. Joseph Horn ....................... 11 • . j~~;;pii: ·H~·;.~·.: :::::: :: : ::: ::::::::: Joseph Horn. .j~~;;j;i-i'"i:t~~·~·.:::::::::::::::::::::: Joseph Horn. '"j~~~"i;ii'ii:~;:~::::: :::::: ·::: .. : :::: Joseph Horn ...................... . Joseph Horn ...................... . Joseph Horn ...................... . Joseph Horn ...................... . John Murphy ................•.. :. Wm. Bechter .................. . Theo. Brown ...............•..... Theo. Brown ..........•............ Wm. C. Ross ......... ; •.. .-........ . Charles Peterson ............. .. Joseph Horn. Joseph Horn. Victor Bassige. Joseph Horn. Joseph Horn. Joseph Horn. John Murphy. W. Bechter. Theo. Brown. Theo. Brown. Wm.C.Ross. 'j~~~~ Higgi~s.::::::::::::::::::: Wm. C. Ross. Charles Peterson ............... . James Higgins. Charles Peterson ............. .. James Higgins, Wm. Bechter ..................... . Charles Peterson. Wm. Bechter .. ::::::::::::::.:::::: F. W. Bechter. Jos. Hans .......................... . F. W.Bechter. Comad Albert.. CALIFORNIA REBELLION. WAR CLAIMS. 37 Exltri3IT No. 6.-Statc Cla-ims_:._Colijimifo-Abstr(lct P, efc.-Continued. Name of recruit. iAmount paid. Party to whom .voucher shows payment. Party to w horn records in Bounty and Claims Di-vision, War Depadment, shows payment by United States. E. C. Stearns ........................ { . f Tim Crowley ........................ ( I August Lohmeyer ............... { ! Wm. Lawton ....... : ............... { \ Michl. J. McDermott ............ ! I Alexander Bennett.. ........... . John White ......................... . John Rock ............ ·~· ........... . William Hunt.. .................. -. ... . Thos. Harris .......................... { William Kendall .................. { Richard Robinson ............... { Samuel Fulton ....................... { Francis G.Salmon ............... ! William Harrington .......... . John Austin ........................ . Charles A. Gray ........... : ....... . Adolph Leckie ..................... { - J Thomas R. Hassard ............. ~ Michael Cane ....................... i John Smith .......................... { David Cullen ....................... { George Swinghamer ..... ·.~ ...... { Henry P. Edwards ............... { Amos P. Brooks .................... { Theodore Reuss .................... { John Bostwick ..................... { Hiram Perkins ...................... { John Q,uinlon ...................... { Samuel Bond ......................... . Adolph W. Meiucke ............... .. Wm. S. Fithian ...................... . Stephen D. Burnett .............. { Joseph Russell ..................... { F. 0. Ingraham .................... .. Truman Beman ................ .. { Wm. Meir ............................. { John For hot.. ..................... { H. Burton ............................. { H. F. Ellis .. ......................... { I. S. Jaques ............ : ............. { $5. 00 Theo. Brown............. ......... Theo. Brown. 1i: ~ .. N:··:· James F. Saunders. 18: gg 1 . . ~~~~-~.~~-~~~~.:::::::::.".'.".":::::::: Stephen Grey. 10. 00 J. Brooks ................... ,. .... .. James F. Saunders. · 5. 00 J. Steinman ....................... . i8: gg ·s:-stei;;~·~·;;::.:::·.:·.::::·.::::::::::: 10. 00 ,vm. liart ......................... .. 10. 00 C. Stai! ............................. .. 10.00 R W. Twombly ................ .. 10.00 Edward P. Stebbins ......... .. Stephen Grey. J. Steinman. Charles Fletcher. Ferdinand Smith. R. W. Twombly. G. T.Wallace. 18: ~g George T. Wullac~ ............. G. '.r. Wallace. 5. oo .Eii1~it'ii:a';j;e·;:::·::.::::::::::::::: 1g: gg "Aibe~--t·A·:i~·sit·;.·.:::·.:·::.:::::::: Elliott Harper. 10. 00 Albert A. Le Sau. 10. 00 ·\v: \v>ri~ei·l~~j~~;.:::.::·_-_-.-.:::·::. E.W. ·. Coles .• 10. 00 W . A. Henry ....................... Henry W. Morai, 5. 00 W.W. Thielacker ............. .. 1g:gg ·a:",f:\,·;~jj~·~~::::::::::::::::::::: G. T. Wallace. 1g: gg ·j;;_~es\v;~~i·.:::::·:.::::::::::::::: G. T. Wallace. 10.00 10.00 5.00 10.00 5.00 James Ward. ·:o~~is ,.; al i:: i::l i::l c.l 0 'O 0 0 0 for .'tate purpo e , or l10me guard. whether ·all eel o 1t hy , tate or other local authority unless such troops "er ·all d out and uch e.·p nditures in ·urred at the request or under the authoritv of the Pr i lent or the .;ec:r t y of Var. ~ CA.LlFORNIA REBELLION WAR CLAIMS. 59 III. Personal expenses of commissioned officers in recruiting; t1;1ei_r companies prior to their being mustered into service will not be allowed; bnt comnuss10ned officers .may be allowed the same rates for subsistence and quarters (board and lodging) as privates, from · the date of enrollment until mustered into service. The necessary and actual traveling expenses of recognized military agents of the State, when accompanied by bills of par-ticulars and receipts for payments, will be refunded. . IV. Bills of particulars, with dat,es and rate of charge, and the receipt of tile party to whom payment was made, mmt, in all cases, be furnished. It is uot su~cie?,~ to show that a gross amount was expended; still less, that sums were turned over to rnd1v1duals to expend, without evidence showing that they were expended by them, and bow they were expended. In short, original vouchers for expenditu1·es of every desrript-ion must be furnished. The expenditures should be classified, and separate abstracts, with the vouchers presented for pay, subsistence, clothing, ~ransportation, arms, and eguipments, and other expenses; and they should also designate, as ~ar as practical:)le, t,he particular regiment or corps on ::1cqount of which the expenditure was incurred. Claims for p~y of troops must be accompanied with complete pay;-rolls for each corps, properly certified and receipted: the same as are required in the regular service. . ' V. Where subsistence in kind could not be furnished, and expenses were incurred for "board," or "board and lodging," the rates wili depend on the section of country ~here furnished, and the price paid for complete rations at the nearest recruiting station or military post; and in no case will a higher rate be allowed than the amount actually paid. The bills must specify the regiment or company to which the troops so subsisted or quar-tered belonged, and that rations could not be procured. .Bills for lodging will be restricted to cases where there were,no tents, and quarters could not be otherwise obtained. · Pur-chases of subsistence in bulk will be paid for at not exceeding the current prices at the place of'purchase, provided that the quantities are in proper proportions, or reasonably so, to the number of men according to the rates of allowance in the Subsistence Depart-. ment. The articles of subsistence must be such only as are recognized in the regular service, or, H other articles are substituted, the cost of the whole must not exceed the regular supplies. Bills for spirituous liquors, treating, expenses of holding elections for officers, will not be recognized or paid. · VI. Transportation and quarters for troops at reasonable rates will be paid for. Trans-portation is restricted to the usual routes and modes of conveyance, and excessive quan-tities will not be recoguized. Wagon hire fQr the transportation of the men themselves will not be eanct1.oned. Charges for transportation by railroad or other pnblic convey-ance must be accompanied by bills of lading in cases of property or supplies; and for troops, the number of men, with the regiment or corps, must be distinctly set forth; and where the same has been done in pursuance of a contract, the contract must accompany the vouchers. The same provisions apply to transportation by vessel. VII. Claims growing out of impressment of property or services, and for damages done to individuals or their property, are not authorized to be paid. . Provision for such claims must be made by special act of Congress, when not already provided for by gtmeral laws. VIII. Bounties or donations to men or their families to induce men to volunteer will not be recognized. Such bounties as may be authorized by law will be paid, by the United-States directly to the men authorized to receive them. Voluntary contributions, either by State or local corporatio,.ns, or by individuals, in aid of fam_ilies of volunteers, etc., constitute no charge·against the United States, and will not be refunded. IX. Each State must present its full and final accounts for re-imbursement, under the acts providing therefor, up to the date of the passage of said acts. The proper authori-ties of the State should certify, over their official seals, that th~ :i;.espective amounts claimed to be refunded have been actually paid by said State, and that no part thereof has been paid by any disbursing officer of the United States. Approved: • EXHIBIT No: 20. S. P. CHASE, S~creta1'y of the 1'nasu1·y. HEADQUARTERS DEPARTMENT OF THE PACIFIC, San Francisco, June 8, 1863. GENERAL: Under the requ~rement~ of General (!rders No. 86, of April 2, from the War Department, I have sent mstruct10ns to the regimental commanders in this depart-ment to forward to my headquarters copies of_their latest regimental returns, and here-after to send to department headquarters copies at the same time such returns are sent to !our office.. ~hen the_returm are received I shall proceed at once to make the re-quired consolidation. It 1s probable that most, if not all, of the iufantry regiments are 60 CALIFORNIA REBELLION WAR CLAIMS. now reduced below the minimum, and some of them to cne-half the maximum number pre cribed by law. It will be recollected that when these volunteer regiments were called out the greatest expedition was used, and the companies and officers were mus-tered in with a minimum organization and hurried off to remote stations to relieve the reuular troops then under orders from the East; and thus far, although numerically s~all, they have done good service. If r~giments, or even batta.licns, could be brought together a consolidation and reduction of the· number of companies would be highly beneficial, but in this country, where we have so many remote points to occupy with one or two companies each, it is necessary to maintain as many organized companies as possible. It has been extremely difficult with the small force in this country to meet all the ca,11s for troops and to meet emergencies. I have been forced to muster in officers and men without waiting for complete organizations; this course will, I hope, receive the approval of the General-in-Chief and War Department. It was absolutely necessary in this country, and bas had the most happy results in maintaining peace and quiet within our borders by giving me promptly a small but reliable force, ably commanded and ready for any service. I am happy to say that this country is generally very quiet. Rumors are rife of secret organizations of disloyal persons, but no open demonstrations, except by individuals, have occurred. In southern California the secession sympathizers are more numerous than in any other portion of the State, and I have deemed it pi:udent to send to that district the two companies of the Fourth Infantry, California Volunteers, temporarily held at Benicia Barracks, and also one of the newly-raised companies of the First Cavalry, California Volunteers. · ., With great respect, your obedient servant, G. WRIGHT, Brigadier-General, U. S. Army, Commanding. Brig. Gen. L. THOMAS, ..Adjutant-General U.S • ..Army, Washington, p. 0. Official copy: ADJUTANT-GENERA.L'S OFFICE, No1!ember 12, 1889. EXHIBIT NO. 21. SAM'L BRECK, ..Assistant Adjutant-General. WAR DEPARTMENT, ADJUTANT-GENER.A.L'S OFFICE, Washington, July 7, 1863. Sm: Your communication of the 8th ultimo, in relation to the condition of affairs in the Department, of the Pacific, and the consolidation of volunteer regiments, under re-quirements of General Orders No. 86, April 2, 1863, bas been submitted to the General-in-Chief, who approves the course pursued, and directs that you exercise your own judg-ment in regard to the immediate consolidations, consulting the good of the public service. I am, sir. etc., Brig. Gen. GEORGE WRIGHT, Commanding Department of the Pacific, Official copy: San F'rancisco, Oal. ADJUTANT-GE ERA.L'S OFFICE, NO'VeHtber 12, 1889. ExHIBIT 0. 22. E. D. TOWNSEND, Assistant Adjutant-General. 8.A.M'L BRECK, Assistant Adjutant-General,. HEADQUARTER DEP ARTllfl'~T OF NEW MEXICO, ~anta Fe, .N. JJiex., November 29, 1863. GE. ·r.R L: Until Mr. Broaclhead's deci ion was made, that volunteers who . hould be rli · haraed by enli tment in veteran volunteers houlcl not receive their mileage from th place of uch di.·ch r" to the place of original nrollment, I entertained hopes that many. if not mo. t, of the ' i . t and Fifth I egim nts of Infantry, of the First Cavalry alitornia Yolunt . , and Fi. t avalry. ew Iexico Volunteers would re-enlist in the ' CALIFORNIA REBELLION ,. ~AR CLAIMS. 61 veteran-volunteers. But since that decision was made it is very doubtful if the Cali-fornia volunteers will re-enlist. Their presenf-JI term of office will expir~ next August and September. Before that time other troops will have to be sent here to take their places, unless these can be induced to re-enlist. Th~ ~roops in this department sho~ld be made an exception to the general rule. In my opimon an order should he made giv-ing all volunteers who r~-enlist in this department the $100 due on first enlistment and an increased bounty on. the second over and above the bounty paid . to soldiers in the East, which would be equal to the cost of getting soldiers from the East to New Mexico. The Government ill this way would lose nothing, but would rather gain, because these well-disciplined men would then remain, doubtless, and they have now become familiar with the country, and can q.o bett~r service for that reason than any new-comers. These· men should receive their Il!.ileage on their :first enlistment. In my opinion the law clearly allows it to soldiers honorably discharged. If the Government do not deny their traveling allowc1,nces and will give the bounty named I believe the most of these regi-ments can be.got to remain. If' the Government will not do this I beg to give timely notice of the necessities which will exist to have troops sent to take their places in time to be in position before the term of service of these men expire. The California troops do not wish to be sent as regiments back to California; they would rather be discharged here in case they do not re-enlist. Some desire to go to the States, some to the gold-fields of Arizona, some settle in .New Mexico, and some go to California by whatever ·route they please. The true economy of the question would be promoted by making the bounties so liberal as to induce them to re-enter the service for three years or during the war. I am, general, very truly and respectfully, your obedient servant, J.AMES H. CARLETON, Brig. Gen. LORENZO THOMAS, ]Jrigadier-General, Commanding. Adjutant-General U. S. Army, Washington, D. O. Official: DEPARTMENT NEW MEXICO, . Santa Fe, N. Mex., July 12, 1865. BEN. C. CUTLER, Assistant .Adjutant-General. CITY OF w .ASHINGT0N, Di.~frict of Columbia, ss: John Mullan, on first being duly sworn, says that the foregoing letter is a full, true. and correct copy of a letter dateed: "Headquarters Department of New Mexico, Santa Fe, N. Mex., November 29, 1863; signed, James H. Carleton, brigadier-general, command-ing," addressed to "Brig. Gen. Lorenzo Thomas, Adjutant-General U.S. Army. Was)J.-ington, D. C.; '' and found ,printed in ''Appendix to Journals of Senate and Assembly volume 3, sixteenth session, of the legislature of California." ' JOHN MULLAN. Subscribed and sworn to before me this 10th day of December, 1889. [SEAL.] . . , S. A. TEREY, Notary Public. ' I EXHIBIT No. 23. LAWS PERTAINlNG TO VOLUNTEERS. CHAP. CCCCXIV.-An act for the relief of the enlisted men of the California volunteers in the service of the United States. [Approved April '1:7, 1863.] The people of the State of California, represented in senate and assemblv do enact as follows: ·' SE<;JTION ONE. A sum not exceeding $600,000 is hereby appropriated and set aside to c~nst1~ute a separate f~nd, to be knoyvn as the "Soldiers' Relief Fund," for the purpose ?i pa:ymg a compensatio~ to the soldie_rs of the companies of California volunteers raised ~n t~1s State _for the seryice of the Um.ted States,. to ~id in repelling invasion, suppress-mg msurrect10n, enforcmg the laws, and protectmg the public property, in addition to th? pay allow~d them by the United States. All liabilities created by this act shall be paid out of said fund. 62 CALIFORNIA REBELLION WAR CLAIMS. SEC. 2. 'l'here shall be paid out of the fund created and set apart by the first. eclion of this act to each and every enlisted soldier of the companies of Ca1ifornia volunt er raised, or hereafter to be raised in this State for the service of the United State· to aid in repelling invasion, suppressing insurrection, enforcing the laws, anrl preservinrr and protecting the public property, from the time of their enlistment to the time ol'their dis~~arge, the sum of $5 ~er month:. Provided, Tha~ this provision shall not appl.v to any sola1er who may be dratted or enlisted as a substitute for any person drafted into the service of the United States. SEC. 3. No money shall be drawn out of the : 'Soldiers' Reli~ Fund,'' herein provided for, except as is provided for in section four of this act. SEC. 4. The captains or commanding officers of companies of California volunteer. shall, after each and every muster, file in the office of the adjutant-general of this :state a complete muster-roll (duly certified) of their companies, froru the date of.their enli t,. ment, noting desertions, discharges, and dismissals, and stating the cause of such dis-charges and dismissals from the service. No non-commissioned officer or private shall be entitled to the benefit of this act who ~:hall not obtain an honorable discharge from the service, and no money shall be drawn from the fund hereby authorized and set apart until be bas been honorably dischar_ged the service: Provided, however, That the monthly amount hereby appropriated may be drawn by such enlisted married men as have fami-lies depending upon them for support, who shall have power to allot the whole or a portion of the same for the support of their families. rrhe amount of pay thus allotted shall be paid to the person to whom the same is legally al1otted, upon the following cer -tificate of the adjutant-general of the State (with seal of office attached) being indorsed thereon, namely: '' I hereby ::ertify that --- is a --- in Company-, -- Hegi-ment California Volunteers, --- and that he is entitled to the benefit of the act en-titled 'An act for the relief of the enlisted men of the California volunteers in the service of the United States,' approved April -, eighteen hundred and sixty-three, and that this allotment is made according to law.'' After the term of enlistment shall have heen served, or an honorable discharge granted to any enlisted man, a certified copy of hi final statement shall be transmitted to the adjutant-general of this State, who shall cer-ti(y on the back of the same the amount due under this act to the person discharged, and the comptroller shall draw his warrant upon the treasurer of state for the amount so certified, payable out of the fund hereby created: Provided, That in case a volunteer be discharged :for disability that existed at the time of bis enlistment he shall not be entitled to the benefit of this act. SEC. 5. To enable all concerned to avail themselves of the benefits of this act, muster-out rolls of the respective companies of California volunteers shall be duly filed in the adjutant-general's office of this State, anq a certified copy thereof filed in the office of the comptroller of state. SEC. 6. For the purpose of carrying into effect the provisions of this act, and providing for the fund treated by section 1 of this act, the treasurer of the State of California sha11 cause to be prepared bonds of the State, to the amount of $600,000, in sums or 500 each, redeemable at the office. of the treasurer of the State, on the 1st day of July. H;S3. The said bonds shall bear interest, payable semi-annually, at the rate of 7 per cent. per year from the date of their issue, which interest shall be due and payable at the office of the treasurer of state on the 1st days of January and July of each year: Pl'o1;iderl, That the first payment of interest shall not be made sooner than the 1st day of January, 1 64. The said bonds shall be signed by the governor, and counter igned by the comptroller, and indorsed by the tre~urer of state, and shall have the seal of State affixed thereto. And such bonds shall be issued from time to time as they may be required for use. The expense of preparing such bonds shall be audited as a claim against the '' oldiers' relief fund, ' created hy thi act. SEC. 7. Coupons for the intere t shall be attached to each bond, con ecutively num-bered, and signed hy the treasurer of state, and it shall be the duty of the comptroller and trea urer of the State, each, to keep q separate record of all such bonds as may be ~.- ·ued, showin(7 the number, date, and amount of each bond, and to whom the same was 1 · ued. • EC. . • 11 demand. a ain.-t the . oldier ' relief fund hall be audited by the board of , 'tat exa1;11inef8 in like manner as other claims again t the State are or may be directed to h • audit d. : · 1-:c •• n. The trea .ur ·r of 1-tate _shall e~l and dispose of said bond. for gold and silver ·om of th. U~1~t~cl , tat. ·, from t111;1 e to time, as may hen oossary to provide for the pay-1? nt of l!alJ1ltt1. · a~am ~ th Raid oldier ' r elief fund, in the following manner: He 11, II JJ~ibh h not1c. for tl_nrty day in two daily papers of the city of .'acramento, and in wo !aJJ P P . ot the: city of , an Fran ·isc·o, inviting sealed propo. al. for the pur ha. c of , ·ud ond _; th not1c to ·tate the time and plac of receiYing hid the amoun t of bond to h d1 po d f, ~ 11(1 that no hid. will h r (' i,·ed for the purcb~e ofa. le um than ., 00 no for a 1r at r rat of discount than 15 cents on the dolliu of the par value CALIFORNIA REBELLION WAR CLAIMS. 63 thereof, and that the payments for the same must be made in gold and silver _coin of the United States. Parties proposing to purchase bonds offered as .aforesaia mnst s~ate, in writing, the amount they propose to purchase and the rate per cent. they are willing to pay in gold and silver coin as aforesaid; each proposal to be accompanied with a respon-sible guaranty that the bidder will take the amount of bonds proposed and pay for tbe same on deli very of the bonds, if his bid is accepted, in accordt\nce with the terms of his .1 bid. No bid shall be received for a less sum than $2,000, nor for any fractional part thereof, and the said bonds shall not be sold or negotiated by the treasurer at a greater discount than 15 cents on the dollar of the par value thereof. The treasurer shall, im-mediately upon the closing of said bids, or as soon thereafter as convenient, open the whole of the bids or proposals in the presence_of the governor and comptroiler, and the governor, comptroller, and treasurer shall proceed to consider such proposals, and shall accept such as propose to purchase the said bonds for the smallest discount, such discount not, in any case, to be greater than bereinbefore limited. Upon the acceptance of any bid and notification by the treasurer to the bidder, such bidder shall forthwith pay to the treasurer the amount of the purchase-money for the bonds proposed to be purchased, in gold and silver coin of the United States; upon receiving the same the treasurer shall deliver to such purch;iser the bonds so purchased. , All moneys received by the treasurer from the sale of bonds as herein proposed shall be placed by the treasurer to the credit of the said soldiers' relief fund. SEC. 10. If any bidder whose bid shall be accepted shall fail to pay the money and accept the bonds, as provided in the last preceding secti.on, he shall forfeit all right to his bid, and shall, with his guaranties, be liable to an action by the treasurer of state for the benefit of said fun~ for any damages resulting from such failure to comply with the conditions of his bid in accepting the bonds and paying over the purchase-money. SEC. 11. For the payment of the principal and iuterest of the bonds issued under this act there ::ihall be levied and collected annually, until the final payment or redemption of the same, and in the same manoer as other Rtate revenue is or may be directed by law to be levied and collected, a tax of 2 cents for the year A. D. 1863, and annually there-after 4 cents on each $100 of taxable property :ln the tltate, in addition to the tax~s for genel'fl,l State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds herein provided for, and the final redemption of the principal of said bonds; and the faith of the State of California is hereby pledged for the payment of the bonds issued by virtue of this act, and the interest thereon, and, if necessary, to provide other and ample means for the payment thereof. SEC. 12. Whenever, on the 1st day of January or July, 1864, or upon the 1st day of January or July in any subsequent year, there shall remain a surplus, after the payment of the interesit as herein before provided, of $10,000 or more, in the fund created by the eleventh section of this act, it shall be the duty of the treasurer to advertise in two daily newspapers published in Englis-h in each of the cities of San Francisco and Sacramento for sealed proposal:'! for the surrender of bonds issued under the provisions of this act,. He shall state in such advertisement the amount of money on band applicable to the re-demption of bonds, and be shall accept such propo~als, at rates not exceeding par value, as may redeem the greatest number of bonds, until the amount of cash on hand for re-demption is exhausted. _ SEC. 13. Full and particular account and record shall be kept by the treasurer of the c?ndition of ~he fun?s collected in accordance with the provisions of this act, open at all times to.the mspect10n of the governor and controller, and of any committee appointed by the legislature or either branch thereof. · SEC. 14. It shall ~e the dut1 of t,~e treasurer of this State ~o make arrangements for the payment of the mterest of the said bonds when the same falls due; and in the event th~t the said interest fund shall be insufficient, the said treasurer shall make up the de-ficiency from the general fund; and in the event of the insufficiency of the general fund the said treasurer is authorized and required to make such contracts and arrano-ement~ as may be necesAary for the payment of ,said interest and the protection of the ~edit of the State; and in case there should at any time be in the fund created by this act for the l?ayment of said inter~st =:tnd the redemption of 9'.1id bonds any surplus moneys not needed for the payment of said mterest or the redempt10n of any bonds it shall be the duty of th~ treasurer of state to transfer such surplus moneys to the ge~eral fund of this State. Said bonds shall be redeemed and the interest paid in the gold and silver coin of the United States. . SEC. 13. This act shall take effect and be in force from and after its passage. 64 CALIFORNIA REBELLION WAR CLAD-1 '. CHAP. CLXXVII.-An act amendatory of and supplemental to an ru•t entitll'd 'An the relief of the enlisted men of the California Volimteers in the scrviee of Lite Unit d approved April twenty-seventh, eighteen hundred and sixty-three. · f Approved March 15, 1864.) The people oft.he State of California, represented in senate and assembly, do follows: SECTION 1. Section 4 of the above-recited act is hereby amended so as to follows: SEC. 4. The captains or commanding officers of companies of California Yolnnt shall, after each and every muster, file in the office of the adjutant-general of thi~.: a <:omplete muster roll (duly certified) of their companies from the date of th ire men t, noting desertiQns, discharges, and dismissals, and stating the causes of ncb d charges and dismissals from the service. No non-commissioned officer or private be entitled to the benefit of this act who shall not obtain an honorable discharge f the service, or be transferred to the invalid corps, and no money sball be drawn f the fuud hereby authorized and set apart until he has been honorably discharged service: Provided, however, That the monthly amount hereby appropriated may be dra by such enlisted married men as have families depeading upon them for support. w shall have power to allot the whole or a portion of the same for the support of th families. The a.mount of pay thus allott~d shall be paid to the person to whom same is legally allotted upon the following certificate of the adjutant-general oft State (with the seal of office attached ), being endorsed .thereon, namely: "I hereby certify that --- --- is a --- in company --, -- Regimen California Volunteers, and that he is entitled to the benefit of the act entitled An for the relief of the enlisted men of the California volunteers in the service of the tnit States, approvP.d April twenty-seventh, eighteen hundred and sixty-three, and that thi allotment iR made according to law." After the term of enlistment shall have been served or an honorable discbargegran to any enlisted man, 31 certified copy of his final statement shall be transmitted tot adjutant-general of this State, who shall certify on the back of the same the amoun due under this to the person discharged, and the comptroller shall draw his warran· upon the treasurer of state for the amount so certified, payable out of the fund hereby created: Provided, That in case a volunteer be discharged for disability that existed the time of bis enlistment. he shall not be entitled to the llenefit of this act: Prot further, That whenever a soldier can not obtain a certified copy of his final statemen• by reason of the removal of the paymaster, or other satisfactory causes, or who h~ may hereafter be honorably discharged and paid by the Unitef f-iacramento, on the 14th day of March, 1864; and the controller of stat.e is hereby authorized and requirt>d to draw his warrant or warrants in- such sums as may be < erti tied to him by the board of examiners, not ex-ceeding iu the aggregate the said sum of $3,000, and the treasurer is hereby required to pay the same, for the purpose of defraying the expenses above mentioned. SEC. 2. The governor and adjutant-general are hereby authorized and required to cause the work of refitting and remounting said battery to be executed and completed as speedily as possible: Pl'ovided, That if any of said pieces, upon inspection, prove to be um,erviceable, the same shall not be remounted: And provide1(, That the whole expense thereof shall not exceed the,sum herein appropriated for that purpose~ SEC. 3. This act shall take effect-from and after its passage. CHAP. CCCXCIV.-A.n act to extend the provisions -0f an cwt enl#led "An act to appropriate funds for the defense of the State,'' approvPd April twenty-fifth, e-ighteen hundred and six.ty-three. [Approved April 4, 1864.] The people of the State of California, represented in senate and assembly, do enact as follows: . SECTION 1. The provisions of an act entitled "An act to appropriate funds for the de-fense of the-State," approved April 25, 1863, are hereby extended to apply to all mili-tary companies now organized and not yet provided with uniforms, and to all companies which may hereafter be organized under the military laws of the State: Proviaed, The whole number of companies in this State shall not exceed 140 companies of infantry and rifles, 20 companies of cavalry, and such batteries as may be authorized by the com-mander-in-chief, and that no company shall be entitled to the benefits of this act that does not contain 43 members, rank and file. SEC. 2. For the purpose of carrying ont the provisions of this act, the sum of $80,000 is hereby appropriated, out of any money in the State treasury not otherwise appro-priated; and the controller is hereby required to draw his warrants on the treasurer, and the treasurer to pay the same in like manner as now provided uy I.aw. SEC. 3. 'l'his act shall take effect immediately. CH.AP. CCCLXXVII.-An act for tlte relief of the line o_(ficers of the California Volunteers in the service of the United Sta_tes. [Approved April 4, 1864.] Whereas the burden of raising the volunteer companies of this State for the service of the Uni~d States is bo~ne principally by the captains .11,nd lieutenants of those companies after havrng been exam med and accepted b,y a board of army officers, and after receiving their commission from the State; and Wh~reas the said officers receive n.o pay_ for their services until they are declared mus- -tered mto service of the United States, which, with a first lieutenant, is when his com-pany is raised to one-half the miniqium number, and with a cantain and second lieu-tenant, when the company is raised to the full minimum number or when ·it is mustered in by a speciai order; and • ' Whereas owing to the tardy manner in which volunteering bas progressed under the governor's call _for volunters of February 5, 1863, the officers of the companies ca_lled for hc3,ve been subJected to great expense in raising their companies, in some cases having been compelled to abandon the enterprise in order to p-rocure the means to subsist them-selves and their families: Therefore, the people of the State of California represented in senate and assembly, do enact as follows: ' -S.Ex. 2-a 66 CALIFORNIA REBELLION WAR CLAIMS. SECTION 1. A sum not exceeding $65,000 is hereby appropriated and set aside, to con-stitute a separate fund, to he k)!own as t~e '' line o~cer~' relief fund,'' 1?r the purpo.•e of paying the line officers of th~ compames o~ . Cahforma Volunteers, raised and being raised in this State for the service of the Umted States, under the governor's call for volunteers of February 5, 1863, to aid in the enforcement of the laws and the suppres-sion of insurrection, for servicesJendered in raising recruits for their companies during the time intervening between the date of each receiving his commission and the date of bis being mustered into the service of and receiving ·pay from the United States. All liabilities created by this act shall be paid out of said fund. SEC. 2. There shall be paid out of the fund created and set apart b_t the first section of this act, to each and every line officer of the companies of California Volunteers raised and being raised in this State for the service of the United Statr.s, under the governor's call for volunteers of February 5, 1863, to aid in the enforcement of the laws and the suppression of insurrection, from the time of each receiving his commission to the µrue of his being mustered into tbe service of and receiving pay from the United States, the same pay and allowances as is received from the Government of the United States by United States army officers of the same grade $erving in California: ProV'ided, That the amounts received by any commissioned or non commissioned officer or private from the General Government for -services, or State government to aid in .payment of expenses of recruiting between the date of their commissions, upon which they claim the benefit of this act, and the date of tht>ir being mustered into the service of the United-States thereon, shall be deducted, respectively, from the amount above appropriated: And provided further, That no officer who shall have been dismissed the service, or left the same dishonorably, shall receive any benefits from the provision of this act. SEC. 3. No money shall be drawn out of the line officers' relief f\md, herein_provided for, except as is provided for in section 4 of this act. _ SEC. 4. Each of the line officers referred to in sections 1 and 2 of this act is hereby authorized to send in his pay account against the State of California moilthly, or at longer intervals, for services rendered in raising recruits for his company during the time intervening between the date of bis receiving his commission and the date of his being mustered into the service of and receiving pay from the United States, to the adjutant-general of this State, the said account to be drawn up and duly certified to in conformity with form 3 (official pay account), page 358, "Revised United , States Army Regula-tions." The adjutant-general, :finding the said account·to be true and correct, and the amount due and payable under the provisions of this act, shall certify to the same, and the controller shall draw bis warrant upon the treasurer of the State for the amount so certified to, payable out of the fund hereby created. Such warrants shall not be as-sign.able. SEC. 5. For the purpose of carrying into effect the provisions of this act, and provid-ing for the fund created by section 1 of this act, the treasurer of the State of California shall cause to be prepared bonds of the State, to the amount of $65:000, in sums of $500 each, redeemable at the office of the treasurer oftbe State on the first day of July, 1874. The said bonds shall bear interest, payable semi-::mnnally, at the rate of 7 per cent. per year from the date of their issue, which interest shall be due and payable at the office of the treasurer of the State on the first days of January and July of each year: Provided, That the first payment of interest shall not he made sooner than the first day ot January, 1865. The said bonds shall be signed by the governor and countersigned by the con-troller, and indorsed by the treasurer of state, and shall have the seal of State affixed thereto; and such bonds shall be issued as soon after the passage of this act as they can be prepared anq sold. The expenses of preparing such bonds shall be audited as a claim against the "line officers'"relief fund," created by this act. SEC. 6. Coupons for the interest shall be attached to each bond, consecutively num-bered, and signed by the treasurer of state, and it shall be the duty of the controller and treasurer of state, each to keep a separate record of all such bonds as may be issued, showing the number, date, and amount of each bond, and to whom the same was is-sued. SEC. 7. All demands against the line officers' relief fund shall be audited by the board of State examiners, in like manner as other claims against the State are or may be directed to be audited. ' . EC. 8. The ~reasnrer o~ state shall s_ell and dispose of saiy and with the advice and consent of the senate, one major-general of division and one hrigadier-geueral to each brigade, who shall be citizens of the United States, and severally residents oftbe division or brigade for which they shall be appointed. They shall hold their offices for the term of four years, and until their successors are appointed and qualified. EC. 5. The staff of the m3:jor-general of division shall consist of one assistant adjutant-general, with the rank of lieutenant-colonel; two aides-de-camp, with the rank of major; one enp:ineer officer; one ordnance officer; one quarterma_ster; one commissary; one pay-master; one divi ion inspector; one juclge-aclvoc..1.te, and one surgeon, with the rank of lieutenant-colonel; and four staff orderlies, with the rank of .·ergeant-major. The staff of the adjutant-general shall consi ·t of one aide-de-camp, with the rank of captain. The staff of each g neral of brigade shall consist of one as istant adjutant-general, with the rank of major; one aide-de-camp, with the rank of captain; one engineer officer; one ordnance offic r; one quarterma ter; one commissary; one paymaster; ·one brigade in-?p ct r; one judge-advocate, and one , urgcon, with the ranl~ of major; and two staff orderli with the rank of , ergeant-major. The staff of a colonel of a regiment and of a lieutenant-colonel, or a major, commancling a hattalion, as hereinafter provided, shall n i t of one adjutant and one a . .'i.tant surgeon, acb with the rank of first lieutenant· and one er17eant-major, to be appoint c1 hy. uch ommanding officer; the adjutant b ine: el cted from the line, in the nitecl tate Anny. CALIFORNIA REBELLION WAR CLAIMS. ' 73 S.Ec. 6. The general of divfsion, the generals of brigade, and t_he adjut_ant-¥eneral sh.all appoint the officers of their respective staffs, who must ~e residents of their ~e~pective divisions and brigades. Any -officer of a regiment, battalion, or comp~ny, receiymg and accepting any staff appointment, except that of adjuta:nt, shall be conside':'__ed as ipso facto resigning his commission in such regiment, battalion, -or company. All such. staff officers will continue to hold their office until .their successors shall have been appomted and commissioned, except as is herein otherwise·provided for troops called into active service. SEC. 7. All military officers appointrd or electe1 under the laws of t~is State, shall be -commissioned by the governor, aud each commiss10n shall be coun~ers~gne~ by the sec-retary of state, and attested by the adjutant-general. or officer: actmg m his pl~ce, :ind the officer AO commissioned shall take the oath of office prescribed by the const1tut10n, before some officer authorized by law to administer oaths, a copy of which oath shall he indorsed on or attached to each commissfon, and a certified copy of t,he same shall be made out by the officer ad~inistering it, and delivered ~o _the officer taking iti and _hy him transmitted to the adjutant-general, and the commission s_hall be deemed as takmg effect on the day of the indorsement and transmission of the certificate of the oath, as herein provided. In case of promotion, the commission sha~l ta~e effect from _its dat_e. Commissions shall run at the pleasure of the commander-m-chief, except as IS herem otherwise provided. · ' SEC. 8. It shall be the duty of the adjutant-generJl to take charge of, and to carefully _ guard and presei:ve, and ·to account for, all arm(l, accoutrements, ammunition, ordnance stores, and other military property belonging to this State or granted to it by the Con-gress of the United States. He shall keep and file, in his office, all rtturns, report.'!, and military correspondence, made by him, in accordance with the provisions, of this ac:t. He shall also keep an account of all moneys received and.expended by him. The manner of keeping these accounts and papers, where not otherwise provided by law, shall be directed by the commander-in-chief, and they shall be always subjeet to ~his inspection. He shall, on or before the second Monday in December of each year, make to the governor, to be by him laid before the legisl~ture, a report of all the transactions of his department since his last annual report, containing-First. An account of all moneys received and e,xpended. . Second. An account of all an:ns, accoutrements, ammunition, ordnance &tores, and military property of every description, belonging to the State, froi:p. what source received, to whom issued, or how expended, and by whose order. T!tird. A statement of the present condition of all such property under his charge, and if any such property shall not be under his charge, be shall state in whose posse8sion· the same may be. · · Fourth. The number, strength, and condition of the organized militia, and the strength of the enrolled militia of the State. He shall also make and transmit an annual return of the militia of this State, pursuant to the requirements of the act of Congress of March sec?nd, eighteen. hundred and three, to the President of the United States, a copy of which, duly certified, he shall lay before the commander-in-chief of this State. He shall_also perform all other duties appe~taining to his office, or which may be enjoined on him by law. He shall be the medmrn of military correspondence with the com-mander-in-chief. _ &EC. 9. Before entering upon the du ties of his office he shall give bonds to the people of ~he State of California, with good and sufficient sureties, to be approved by the governor, m the sum.of tw~n_ty-fi.ve th?usand dollars, conditio~ed that he shalf faithfully perform-all the duties enJomed on him by law. -u at , any time the governor shall deem the suret~es so given to be insuffi_cient, he_ shall re9uire the adjutant-general to give new sureties, to be approved by bun; and if the adJutant-general shall refuse or neO'lect to ~fo so, the governor shall suspend him from office, and immediately -report his pi,oceed-mgs to t,he s_enate, if _the legislature be in session, and if not, then ·at the beginning of the next sess10n; and If the senate approve such suspension it shall be regarded as a, removal from office. ~:mt if t~e senate d~sa~prove of _the suspension the adjutant-general shall resu1;11e the dut:es of h1~ office. Dunn~ the time of his suspension from office he shal! rec~i ve no port10n of his salary; but 1f such suspension be disapproved he shall receive his back pay . . SE_C: 10. During the suspension of th~ adju~ant-general from office, or his absence or mabihty, from any cause, .to perform his duties, the governor may appoint some com-petent person to perform the duties of adjutant-general ad interim. SEC, ~1. 0!1 the _expira:tion. of his term of office the adjutant-general or the person performmg his duties ad mtenm shall turn over to his successor, in good order, all arms, ordnance, ordnance st!ores, ~nd _other property belonging to the State, and all the books, pa,v,ers, bonds, and money ~n his ~harge and pertaining to his•office. . ~Ee. 12. Every able-bodied white male inhabitant of this State, between the ages of 74 CALIFORNIA REBELLION WAR CLAIMS. eighteen and forty-five years, not exempt by law, shall be subject to military duty and shall be organized and enrolled as hereinafter directed. SEC. 13. The following persons are exempted from military duty and enrolment: All ministers of religion having a license or written evidence, according to the rules of their particular persuasion or organization, that they are such ministers; all civil and. military officers of the United States; all officers of foreign governments; all civil officers (in-cluding members of the legislature) of the State of California; all persons who have been wounded in the service of the State or of the United States, and all persons ex-empted from military duty by the laws of the United States. SEC. 14. The district or county assessor of each and every revenue district or county in this State shall, at the same time in each year, when he prepares a roll containinl( the taxable inhabitants of his district or county, enrol all the inhabitants of bis district or county subject to military duty, which list -or roll shall be sworn to by him and de-livered to the clerk of the board of supervisors, in the same manner and at the same time as is provided by law for the civil tax-list or assessment roll, and the clerk of the board of supervisors shall keep the same open for inspection, as is provided by law for the civil assessment roll. · SEC. 15. The board of equalization shall eorrect the said military assessment roll at the same time and in the same manner as~ prescribed by law for the correction of the civil tax-list; and it.shall be the duty of the said clerk to deliver to the brigadier-gen-eral-of the brigade to which his county belongs a triplicate of said list, certified by him, within ten days after the board of equalization shall have completed their corrections; and the compensation allowed for making out said military list shall be the same or be determined and fixed in the same manner as for making out the assessment list. SEC. 16. If any assessor shall neglect or refuse to perform any of the duties required of him by this act, he shall he subject to the same penalties, liabilities, and pumsh-ments as is provided by law for a neglect or refusal to perform any of the duties required of him for the assessment of the civil taxes; and, moreover, he shall forfeit and pay the sum of not less than three hundred and not more than one thousand dollars, to be sued for in the name of the people of the State, by the district attorney of the respective county, and recovered in the name of the people of the State, and paid into the general fund of the State; and if the clerk of the board of equalization shall neglect or refuse to make and deliver to the brigadier-general of the brigade to which his county belongs the triplicate of the military assessment roll as directed in this act, he shall forfeit and pay a sum of not less than two hundred and not more than five hundred dollars, to be sued for and recovered in the same manner as is provided in the section with respect to the assessor. , SEC. 17. Whenever a sufficient number of persons by the provisions of this act, resi-dents of any county of this State, su~ject to military duty, shall subscribe to a call for the organization of a volunteer company, the county judge of said county, upon due application of the persons who have subscribed, as above, shall appoint some suitable person; resident of the county, to open a book, in which he shall enter the name.'3 of the persons so volunteering, and shall fix a time and place of meeting for the purpose of organization by giving ten days' notice thereof by publication in some newspaper, or by posting notices in at least three public places in the county. SEC. 18. The person so appointed shall preside at such meeting and organize the same; he shall superintend the election of the officers of said company, which election shall be by ballot; he shall make out, after said election shall have been determined, a list of persons so volunteering, a certificate of each officer so elected, and transmit them to the brigadier-general commanding the brigade in which such company shall be organized, who shall, if found correct, transmit the same, with his approval, t-0 the adjutant-gen-eral of the State, together with a copy of the proceedings of said meeting and a copy of his appointments, and of the notice of said meeting, duly certified by him. And if it shall be found that such company has been organized and such officers elected in con-formity with the provisions of this act, such company sball be listed in the office of the adjutant-general as a company of the organiz~ militia of this State, and the officers so elected hall be commi ioned by the commander-in-chief. • EC. 19. The volunteer or independent companies shall be armed and equipped in the same manner as similar corps in the United States Army. and shall consist of the follow-ing officers, non-commissioned officers, and privates, viz: to each company of cavalry, one captain, one first lieutenant, one senior second, one junior second, lieutenant, five @ergeants, four corporals, one trumpeter, one farrier, and not less than forty nor more than eighty privates. 'Fo ~ther comp~nies there shall be one captain, one tir t lieuten-ant one semor and one JUDIOr second hen tenant, five sergeants, four corporals, one drum-mer, one fifer, and not less than forty nor more than eighty privates· excepting light batteries, which ball be allowed one hundred active members each and such officers as are allowed in the nited tates service. ' EC. 20. Volunteer companies and battalions may adopt a constitution and form by-CALIFORNIA REBELLION WAR CLAIMS. 75 laws, rules, al}d regulations, not inconsistent with the Constitution _of the Unifed ~tat~s, or of this State for the government of their members, and for thetr 1mprovemeqt m mil-itary science. 'rt shall be the duty of the acting orderly sergeant of _the comp~ny ~ud sergeant-ma:jor of the battalion to keep a perfect and compl~te recor~ of the comi~1tut10n, by-laws,_rules, and regulations, of his ~ompany, or battalion, which s~all be signed_ b~ the cantain or commander, and countersigned by the orderly sergeant, 01 sergea~t-maJor, and said record shall at all times be subject to the inspec:tion of any meru?er ot th~ com-pany or battalion, and all military officers, o~ persons in!erested there1~; and if a1;1y member of suca volunteer company, or battalion, shall fail to comply with t~e provis-ions of such constiLution, by-laws, rules, and regulations, he may be ex:tielled from 13uch company, or battalion, and bis name erased from its roll: . SEC. 21. When any volunteer company :;hall be orgamzed accordmg to law, the co_n~-manding officer thereof may apply to the commander-in-chief, through the pr?per mili-tary authorities, for such arms and accoutrem~nts, or stores 3:8 . may _be reqmred, s~ch application being first submitted to the county Judge, and rece1vmg his appro".al, ~hich shall he indorsed thereon. If the commander-in-chief shall approve such apphcation, or any part thereof, he shall give an order, upon the back thereof, d!recting the i~su~ by the adjutant-general, who shall immediately notify the officer makmg such apphcat1on, and the county judge who approved it, that the arms and accout~ements, or stores, me~-tioned in such application, or any portion thereof, are ready for issue; and thereupon it shall be the duty of such officer to give such bonds and security as may be deem_ed re~-uisite by the county judge, to secure the county from loss on account of use or m1sapph-cation of such arms or equipments, or other stores. And on due notification from such county judge, that such bonds have been given, to his satisfaction, and on receiving triplicate receipts from such officer, the adjutant-general shall make the issue. He shall file one copy of such receipts in bis office, and transmit the other two, one to the con-troller of state, and the other to the county clerk of the county to which such• volunteer company be1on6s. SEC. 22. It shall be the duty of the board of supervisors of each county in which there shall be one or more organized volunteer companies, upon application of the captain or commanding officer of the same, to provide for each company in said county, an armory, safe and suitable for the drill of squads in the school of the soldier, and an armorer, to take charge of the same, and said board shall alsp, at each of its sessions, audit and allow, and cause to be paid, the necessary incidental expenses of said company previously in-curred; provided, that the total amount for all the purposes above mentioned shall not exceed fifty dollars in money, per month, for each company. SEC. 23. The commander-in-chief shall have authority to demand and receive back from any county, or from any portion of the military force of this State, any arms, equipments, military stores, or other property, belonging to the State, which may be in possession of any such counties or miiitary force. And whep such arms, equipments, military stores, or other property shall again come into the possession of the adjutant-general, or other officer designated by the governor to receive them from such counties, or military forces, to which they have been issued, as above provided, it shall be tbe duty of the a~jutant-general, or officer so appointed, to receipt for the same, which receipt shall be m triplicate, one copy to be filed in the office of the county clerk, one in the office of the adjutant-general, and the third in the office of the controller of state. SEC. 24. All arms, equipments, and military stores issued as hereinbefore provided, shall at all times be subject to examination by the inspector and ordnanceofficers of the Stat~, and of any other officer designated by the commander-in-chief for that purpose; ~nd 1fsuch o~cers~all find a':1yofsuchpublic property out of repair, injured, or defect-ive, he shall 1mmed1ately notify the facts to the board of supervisors of the county,- and report the same, through the proper channels, to the commander-in-chief, who, if the damage shall not be repaired, and the defects or losses supplied, within a reasonable time shall order the same to be done under the direction of some officer, and the vouchers fo; the ~xpense ther_eof shall he duly examined and audited by the State board of military ·auditors, and paid, on the draft of the controller of state, out of the general fund. S~c. 25. It shall _b~ the duty of the controller of state to charge the value of all arms, eqm~ments, and military stores, issued a, above provided, to the counties in which such publ~c pr?perty shall ?e issued, and all expimses of repairs, of damage, and defects; as pr?~ided m the foregomg section, and double the value of any ~rms, accoutrements, and military property, which such counties, or such military companies, shall have failed to return to the State on the demand of the ~overnor. At the close of each fiscal year he shall settle the ~account of each county, with reference to such issues and military charges, and the amount so found due, shall, on the requisition of the controller of state be assessed, ~t the time of t~e nextannual assessment, as a part of the county taxes, and be collected m such county m the same manner as the ordinary taxes and shall be paid into the State treasury, as a part of .the general fund of the State. ' 76 CALIFORNIA REBELLION WAR CLAIMS. SEC. 26. The transportation of all arms, equipments, and military ,stores, issued to troops or received by the State, under the provisions of this act, shall be contracted for under the direction of the commander-in-chief, by the adjutant-general, and thevoncht' for such transportation, when audited by the State board oi military auditors, shall be paid from the general fund, on the warrant of the controller. SEC. 27. No public arms, equipments, or military stores, of any kind shall hereafter be i'!sued to any person not a mem 1.,er of the organized volunteer militia or of the en-rolled militia called into active service, except in time of war, inl'jurrettion, or public danger so imminent that t,he comman.scribed for the different arms and ·orp in the United States Army, shall be followed in the military instruction and prac-tice of the militia of this State, and the use of any other system is forbidden. SEC. 74. The commanding officer of every organized company shall, during the months of ,June and December of each year, furnish the county clerk of his county with a list of_tbe names of the bona-fide members of his company who attend regularly to appro-pnate duty. He. ball also, at the end of each year's service of any member of his com-pany who has_ performed duty, in accordance with the regulations and by-laws of such ·ompany, dunng the year, i ue to such member a certificate to that effect. And if such commander of a. company shall make a false list of the members of bis company who baYe done ?uty a aforesaid, or a fal e certificate of service, he shalJ, on conviction by a court-martial, be cr hiered from service and shall, moreover, be subject to a fine of not le than fifty nor over five hundred dolJars, to be sued for and recovered ju the name of the people of the , 'tate, by the district attorney of the connty of his residence, in any conrt of competeRtjuri diction, and be paid into the treasury, as a part of the general fund f the. 'tate. CALIFORNIA REBELLION WAR CLAIMS. 83 SE •. 75. 'fhe president of any general court-martial, asse~bled in pursuan_ce of !he provisions of this act, may make a r~quisition upon the sbenff of the county m which the ession is held, for a deputy sheriff to attend upon such court as provost-marshal, and such deputy sheriff shall receive for bis atten?ance the same p~y and fees, a~d _be su ~ject to the same responsibility, ~ when attendu~g upon the sess10ns of t~e. distnct court. And the president of any regimental, battalion, or company court-martial, may make a requisition upon any constable of the county, to ~ct as ~rovo_st-n:_iar~hal of _such court; and such constable shall receive the same pay and fees as i? a Justices co_urt, and the pay and fees of such deputy sheriff, or constabl~, shall be paid, on the certrficate of the judge-advocate and warrant of the contr~ller ot state, by the S~~e treasu~er, from the generalfund, such account being first audited by the board ofmihtary a~ditors. · EC'. 76. When bands of music shall not have been organized for any regiment, bat-talion, or isolated company, in the manner provided in the r~gulati~ns of the Army of the United States, it shall be lawful for such regiment, battalion, or isol~t~d companr, through its commanding officer, to hire the services of any band of mus~ctans, at their own expense, and the persons so employed shall, during the te~m of their en~ageme~t,. be subject to the same laws and regulations that govern the military body with which thev may serve. "Ee. 77. When any person, drafted for service, shall offer, at or after the ti_m'3 of ren-dezvou. , a suitable substitute, of the age of twenty-one years, andsuchsubstitute -s~all consent, in writing, to subject himself to all tbe duties, fines, forfeitures, and pumsh-ments, to which bi principal would have been subject had he personally serveo, he shall be accepted by the officer making such draft. A.nd the same rule shall apply to substitutes offered by members of orp;anized volunteer companfos called into active serv-ice, the commanding officer of such company being the judge of the suitableness of the sub titnte offered. And the person whose substitute shall be so accepted, shall be exempted from draft during the term of service of his substitute. · SEC. 78. No action shall be maintained against any member of a court-martial, or offi-cer, or agent, acting under his authority, on account of the imposition of a fine, or the execution of a sentence, on a person not liable to military duty, if such person shall have been duly summoned, and shall have neglected to appear and show his exemption before the court. EU. 79. Courts of inquiry may be ordered by the commander-in-chief, major-general, or any brigadier-general. Such courts of inquiry shall be governed by the same rnles as similar courts in the United States Army, and they shall have the same power to preserve order, punish contempts, and compel the attendance of witnesses, as courts-mar-tial have. SEC. 80. For all services under this act, sheriffs, constables, and jailers, shall receive like fees as for similar services in other cases, and shall be subject to the same penalties for any neglect of duty. SEC. 81. The adjutant-general shall have a seal of office, to be approved by the com-mander-in-chief, and all copies of records, or papers, in his office, duly certified -and authenticated under the said seal, shall be evidence in all cases in like manner as if the originals were produced. SEC. 82. On the days of military parade appointed by the commander-in-chief the mili-t~a ~o called out ~n_d doing milit~ry duty, shall be considered to be under military dis-ciplme from the nsrng to the settrng of the sun; and no officer, non-commissioned officer musician, artificer, or private, belonging to the same, during the time aforesaid shali be subject to be arrested on any civil process. _ . ' SEC. 83. The commanding officer of' any parade, review, or drill, and th~officer in charge of any rendezvous, may cause the ground selected for that purpose to be m1uked o_r d~ignated, in ~uch a manner as 1:1-ot to obstruct ~he passage of travelers on any pub~ he highway; and 1f any person, d unng the occupat10n of such ground for such military purpose, shall encroach upon such bounds, or enter upon such ground without the per-mission of such officer commanding, or in cqarge, he may be put and kept under guard by the order of such c_ommander, until the _setting of the sun of the same day, and; ~or~over! shall be . subJect to arrest and pumshment, by any court of competent juris-d1ct10n, for a breach of the peace. S~c. 84. If any person sh~ll _intercept, molest, or insult by abusive words or be .. h3:v:or, any officer, non-co~missi~ned officer, or soldier, while in the performance of h..is military duty-1 he shall be immediately put under guard, and kept, at the dis.cretion of the_command_rng officer of the forces en~aged in the performance of such military duty, until the settmg of the sun of the same day on which the offense shall have been com-mitted;_ a~d ~~reover, shall be subject to arrest and punishment, by any court of com.,. petent .1unsd1ction, for a breach of the peace. - . . SEO. 85 . .Any officer, non-c?mmissi?nedofficer, or soldier, on ~ilitary duty, who shall disob~y the le~al orders of his superior, use any reproachful or abusive language to his su.verior, or misbehave, or delllean himself in an unofficer or unsoldier-ltke ~a~er, 84 CALIFORNIA REBELLION WAR CLAIMS. shall be immediately arrested, if an officer; and if a non-commissioned officer or soldier shall be disarmed and put under guard, and shall be tried' and punished by a conn: martial, according to law and military usage. SEC. 86. In case of parades, reviews, inspections, or musters, of the troops of any brigade, any companies, not organized into battalions, shall be temporarily organized into a battalion, Jor the duties of the day, and the battalion so temporarily organized shall be commanded by the officer senior in rank of the companies composing it. It shall be optional with any such unattached companies to attach themselves for the day to:any organized battalion or, battalions or to organize a temporary battalion; but no such temporary battalion shall be organized of less than three companies, if there be any . organized battalion or battalions present on duty, to which they may attach themselves without exceeding the complement fixed by this act. If such unattached companies shall not attach, or o~ganize, themselves, in accordance with the provisions of this sec-tion, the officer commanding the brigade for the day shall order such assignment or or-ganization. · SEC. 87. Hor1;1es, arms, equipments, and uniforms, of all officers, non-commissioned officers, and privates, used for military purposes in the organized or enrolled militia of the State, shall be exempt from execution. · SEC. 88. The act, approved May ninth, eighteen hundred and sixty-one, entitled an act in relation to the militia of the State, and all other acts, or parts of acts, in conflict with the provisions of this act, are hereby repealed. SEC. 89. This act shall take effect and be in force from and after its passage. CH AP. CCCIX. -An act amendatory of and supplementary to an act entitled "An act in relation to the militia of this State," approved April twentJJ-fourth, eigldee1~ hundred and sixty-two. [Approved April 25, 1863.] The people of the State of California, represented in senate and assembly, do enact tfollows: SECTION 1. Section two of the above-recited act is hereby amended so as to read as follows: "SECTION 2. The adjutant-geney;al shall be appointed by the commander-in-chief, by and with the consent of the senate, and shall bold his office for the term of two years. He shall be ex officio chief of staff, quartermaster general, commissary-general, inspector-general, and chief of ordnance. He shall receive a salary of three thousand dollars an-nually, to be paid out of moneys appropriated for that purpose. He shall reside at the seat of government, and shall keep his office open for the transaction of business every day (Sundays excepted), from ten o'clock a. m. to four o'clock p. m." S.EC. 2. Section fourteen of said act above recited is hereby amended so as to read as follows: "SECTION 14. The district or county assessor of each and every revenue district or county in this State, shall, at the same time in each year when he prepares a roll con-taining the taxable inhabitants of his district or county, enroll all the inhabitants of his district or county subject to military duty, which list or roll shall be sworn to by him, and delivered to the clerk of the board of supervisors, in the same manner and at the same time as is provided by law for the civil-tax list or assessment-roll, and the clerk of the board of supervisors shall keep the same open for inspection, as is provided by law for the civil assessment-roll: Provided, That in the city and county of San Francisco, the tax collector ofsaidcityandcountyshall perform the duties by this section imposed upon district or county assessors." , EC. 3. Section fifteen of said act above recited is hereby amended so as to read as follows: "SECTION 15. The board of equalization shall correct the said military assessment-roll at the same time and in the same manner as is prescribed by law for the correction of the civil-tax Ii t; and it shall be the duty of the said clerk to deliver to the brigadier-general of the brigade to which hi county belongs a triplicate of said list, certified by him, within ten days after the board of equalization shall have completed their correc-tions: and the compensation allowed to said assessors for making out said military list shall be determined by the boards of supervisors of the several counties, at the rate of five dollars for <'ach one hundred names of persons returned by the county or district r , who, by said board of equalization, shall be determined as subject to military duty." ' EC. 4. ection sixteen of said act above recited is hereby amended so as to read as fol-low: CALIFORNIA REBELLION WAR CLAIMS. I 85 '.' SECTION 16. If any assessor, or the tax colle~tor of t~e city ~nd cou~ty--o: Sa_n Francisco, Rhall neglect or refuse to perform any of the duties ~eqmred of h_1m bJ _this act, be shall be subject to the same penalties, liabilities, a1;1d pums~ments, ~s 1s provided by law for a neglect or refusal to perform any of the ?u~i.es required of h1m for the as-sessment of the civil taxes· and moreover he shall iorieit and pay the sum of not less than three hundred and ndt mo;e than on~ thousand dollars, to be sued for in t~e name . of the people of the State, by the district attorney_ o~ the respe~~ive county, and recov: . ered in the name of the people of the State, and paid mto the m1htary fund of the St~te,_ and if the clerk of the board of equalization shall neglect or refuse to ma~e ~nd deliver to the brigadier-general of the brigade•to which his county belongs the triplicate of the military assessment-roll, as directed in this act, he shall forfeit and pay the sum of not less than two hundred and not more than five hundred dollars, to be sued for and recov-ered in the same manner as is provided in this section with respect to the assessor.'' SEC. 5. Section nineteen of the above-recited act is hereby amended so as to read as follows: ' ' SECTION 19. The volunteer or independent companies shall be armed and ~quipped in the same manner as similar corps in the United States Army, and shal! consist of the following officers, non-commissioned officers, and privates, :iz:. To each c~mpany of cav-alry, one captain, one first lieutenant, one senior _and one Jumor second h~utenant, five sergeants, four corporals, one trumpeter, one farrier, and not les~ than thirty_ nor more than eighty privates; to other companies there shall be one captam, one first lieutenant, one senior and one junior second lieutenant, five sergeants, fourcorporals, one drummer, one fifer, and not less than thirty nor more than eighty privates, excepting light bat-teries. which shall be allowed one hundred active members each, and such officers as are allowed in the United States service: Provided, That infantry, artillery, and cavalry regi-ments may be organized with the number of field, staff, and non-commissioned officers as are allowed in the United States service." SEC. 6. Section twenty-two of the above-recited act is hereby amended so as to read as follows: ~ '' SECTION 22. It shall be the duty of the board of supervisors of each county in which there shall be one or more organized volunteer companies, upon application of the captain or commanding officer of the same, to provide for each company in said county, an armory, sate and suitable for the drill of squads in the school of the soldier, and an armorer to take charge of the same; and it sbaJl also be the duty of the board of supervisors of each county in which there shall be one or more organized regiments, upon application of the colonel or commanding officer of the same, to provioe for each regiment in said county a drill-room, suitable for skeleton "regimental drill; and said board shall also, ateachofitssessions, audit and allow and cause to be paid, the necessary incidental expenses of said companyorregimentpreviouslyincurred: Providt d, That the total amount for all the purposes a.hove mentioned shall not exceed fifty dollars per month for each company and one hundred dollars per month for each regiment, and for light batteries not less than two hundred and fifty dollars per month: And, provided further, That at the annual set-tlement of tke several treasurers of such counties with the State treasurer the amounts so paid, or caused to be paid, by the several boards of supervisors thereof, shall be allowed and credited to such counties.'' SEC. 7. Section thirty-three of the above-recited act is hereby amended so as to read as follows: '' SECTION 33. It shall be the duty of each and every brigadier-general to make from the assessment-rolls received by him from the clerk of the boards of supervisors and from them uster-rolls received by him from the officers of companies, battalions and regimen ts as _prescribed in this act, on or befo_re the first Monday in October of1each year, tw~ brigade muster-rolls, one to be entitled 'Muster-roll of the organized militia of the --- brigade,' and the other to be entitled ' Muster-roll of the enrolled militia of the --- brigade,' in the first of which he shall include the names of all the officers of his staff, and all the officers, non-commissioned officers, musicians artificers and privates of the organi_zed volu_nte~r regime1;1ts~ battalions, and compani~s in bis b~igade, in the order of their orgamzation; and m the second, he shall include the number of all other person~ subject to military ?uty_. The original of these muster-rolls, signed by the general of brigade, shall be filed m his office, and duly certified copies thereof shall be furnished by him to the general of division and to the adjutant-general of the State." SEC. 8. Section thirty-four of the above-recited act is hereby repealed. SEC. 9. Section forty-three of the above-recited act is hereby amended so as to reaa. as follows: "~ECTION 43. The commander-in-chie_f sh:tll order a camp of military instruction, to contmue for ten ~ays, at some central pomt m this State, in the month of April or May o_f each year, which shall be attended by all of the commissioned officers, 1ion-commis-s10ned officers, and 1;1on-commissioned staff of the militia of this State, the same to be com-manded by the maJor-general, or, in his absence, by the senior brigadier-general pres-86 CALIFORNIA REBELLION WAR CLAIMS~ ent. The commander-in-chief shall also order, annually, an encampment, to continue not more than ten days,-of the organized militia of this State, to be held in the month ot September or October of each year, within the limits of the brigade to which such troops respectively belong; the troops attending each camp of instruction and State en-campment shall be deemed to be in active service, and shall be reviewed by the com-mander-in-chief, and in addition to such inspections as may be ordered by the officer in command, shall be inspected by the inspector-general of the State, on the second and last days of such camp of instruction and encampment: Provided, That in the city and county of San Francisco, the organized militia shall parade at least four times during the year: once by brigade, twice by regiments or battalions, and once by company, which last shall be for target practice; the result of such target practice shall be reported to the com-manding officer of the brigade: And provided further, That upon occasions of reception, or upon the celebration of any event of public importance, the commanding officer of the brigade shall have authority to order out the organized militia to join such parade, and the parade so ordered is hereby constituted a legal parade: P1·ovided, furtlur, That each and every company of the organized militia of the city and county of San Francisco shall assemble at least once in each week for military instruction. InotherpartsoftbeState such companies shall assemble at least once a month for such instruction, and all mem-bers who absent themselves from Ruch meetings for instruction during three consecutive meetings, unless excused by the commanding officer of such company, shall be debarred from the exemption of jury duty, and poll and road tax, and subject to expulsion from their company: Provided, At any other legal parade, that any officer, non-commissioned officer, or private who shall neglect to attend a camp of instruction, or military encamp-ment, as above provided, when legally required to do so, shall besuQjecttoafineofthree dollars for each day's absence from such camp of instruction or militar.v encampment, unless excused in consequence of sickness or absence from the State; su1.:h fines may be sued for and recovered in the name of the people, before any justice of the peace of the township in which such delinquent resides." SEC. 10. Section forty-eight of the above-recited act is hereby amended so a~ to read as follows: "SECTION 48. Whenever any of the militia of this State shall be called into active service for the space of more than two days, they shall r~ceive the same pay and allow-ances as United States troops serving in California. Any general or field officer being called into active service, such call shall be deemed to include all the officers of their respective staff. In case a division, or part ofadivision, is called into active service, the commander-in-chief shall be authorized to put upon active service one of his aides-de-camp." SEC. 11. Section :fifty of the above-recited act is hereby amended so as to read as fol-lows: "SECTION 50. The commander-in-chief, adjutant-general, and the surgeon-general, shall constitute a State board of military auditors. The commander-in-chief shall be president, and the adjutant-general shall he secretary of said board." SEC. 12. Section fifty-two of the above-recited act is hereby ameuded so as to read as follows: "SECTION 52. It shall be the duty of said board of military auditors to audit and allow all proper claims against the military fund incurred by the organized troops in the service of this State, and officers attached to the same, and all other just claims re-quired to be paid under t,he provisions of thi act; it shall be the duty of the controller of state to draw his warrants for the amounts thus audited and allowed, and the treas-urer of the tate is hereby required to pay the same out of the military fund." R1w. 13. Section fifty-five of the above-recited act is hereby amended so as to read as follows: "SECTION 55. The organized and enrolled militia of this State shall be organized into one division and six brigades. The brigades shall be as follows: "First Briqade- 'an Diego, Los Angeles, San Bernardino, Santa Barbara, San Luis Obispo, and Monterey Counties. '', 'econd Rri~rule--Santa Cruz, Santa Clara, • an Mateo, San Francisco, Alameda, Con-tra Costa, farm, onoma, Solano, apa, and Lake Counties. "Third Brigade- an Joaquin, Mari po a, Tuolumne, Fresno, Stanislaus, Calaveras, Merced, Mono, Buena Vi. ta, and Tulare 'ounties. "J11mrth B_rigade-, a~ramento, Yolo, , 'utter, El Dorado, Amador, Placer, Nevada, Yuha, and 1erra Counties. '' Fifth Brigade-Butte, Plumas, Colm;a, Tehama, • 'hasta, Trinity, and Siskiyou Counties. ", 'i.dh Brigade- Iendocino, Humboldt, Del :rorte, and Klamath Counties." '. •~-:C'. 14. T_h um of tb_ree hundred do!l~rs annually shall be audited hy the board of nul!tary au~1tors ancl paid out of th nnhtary fund, to each duly uniformed company of 1xty active memhers, and in the 'lrue proportion to all uniformed companie , and be CALIFORNIA REBELLION WAR CLAIMS. 87 receipted for by the captain or commanding officer of said company; and also, th:e sum of one hundred dollars to each detachment of engineers, which shall be placed m and known as the company fund of said company, and be used for su~h pu~poses as t~e company officers may direct. A quarterly statement of the manner m which any po -tion of the same bas been expended shall be made to the adjutant-general of the State, dulv certified by the commanding officer of the company: Provided, That n~ companY: of the· organized militia of this State shall be entitled to the be~efits_ of this act which have not complied with all its provisions; a certificate of wh1c~, signed by the com-manding officer of the company, and approved by the commandmg officer of tE_e bat-talion, regiment, and brigade to which such company may be attached, s~all l5e filed with the board of military auditors. . . . SEC. 15. The adjutant-general of this State, under the direct10n and with the approval of the governor, shall purchase the necessary camp equi~age for the use of the camps of instruction and military encampments hereby ordered; the same to become the property of the State, and to be paid for out of the military funds, upon ord~rs drawn by the board of military auditors. He shall also, in the same manner, provide t~e neces~ry transportation and company stores required for the militia of the State, w~il~ marchmg to and from each camp of instruction and military encampment, and while m attend-ance at the same. SEC. 16. For the purpose of creating a State military fund, an annual poll-tax of two dollars is hereby levied upon each male inhabitant of the State, of the age of twenty-one years and upwards (California Indians alone excepted), to be known as the "military poll-tax;" which shall be assessed and collected in the same manner and ~t the same time as is now or may be prescribed by law for the assessment and collection of State poll-taxes. For the purpose of collecting said tax, the officers hereby authorized to col-lect the same shall have all the powers which are now or ruay hereafter be conferred by law on the collectors of State poll-taxes; and any person who shall .neglect or refuse to pay said military poll-tax, or who shall forge or fraudulently issue any military poll-tax receipt, or give a false name, or refuse to give his proper name, shall be subject to all the pains and penalties imposed by law on persons who neglect or refuse to pay the State-poll-tax, or who forge or fraudulently issue any State poll-tax receipt, or who give a false name, or refuse to give their proper names, to the officer collecting the same: Provided, That volunteers serving in the Army of the United States be, and they are hereby, exempted from the provisions of this act. SEC. 17. The said military poll-tax shall be due and payable on and after the first Monday of March in each year, and the officers hereby authorized shall proceed to col-lect the same as soon as it becomes due; and the said officers, and county auditors and treasurers shall make their statements, settlements, and payments at the same time and in the same manner as is now or may hereafter be required by law in making statements, settlements, and payments of the State poll-tax, except that the return and exchange of blank receipts shalJ not be required to be made on the first Monday in August, as directed by the law as to State poll-tax: receipts: Provided, That the officers authorized to collect the military poll-tax: shall be allowed to retain for their services 15 per cent. on all sums collected by them and paid over to the county treasurers. SEO. 18. The officers herein authorized to collect said military poll-tax shall keep a book, in which they shall enter the name of every person on whom said tax is assessed, who, when called upon, shall refuse or neglect to pay the same, and shall, on the first Monday in March of each year, deposit the same with the county auditor, who shall carefully preserve the same, and said book shall, at all times during office hours be open to the free inspection of all persons desiring it. ' SEC. 19. The controll~r of state shall, imJ?lediately after the passage of this act, for the ye~r one thou~an~ eight hundred and sixty-three, and before the first Monday of M~rch m each succeed_rng year, cat~se proper blank receipts for military poll-faxes, to be prmted by the State printer, of a umform appearance, changing the sty le thereof each year· and said controller, after n11:mber~ng an~ signing them, shall cause a number thereof~ equal to th~ proba?le number of rnhab1tants m each county liable to pay the military poll-tax, to be immediately forwarded to the C?unty treasurer of each county, who shall sign them, or so man:y of them as may be required, and make an entry thereof in a book to be kept by him for that purpose, and thereupon deliver them to the auditor who shall li~ewise sign them, and make an entry of the number he receives in a book t~ be kept by him for that purpose; and he shall, from time to time issue to the tax collector or th~ _district collectors ~n those counties divided into colle~tion districts, so many of the m1l~tary poll-_tax rec_e1pts as they may need, taking their receipts therefor, and the said auditor shall immediately charge the same to the collector so receiving them. SEC. _20. Any o~cer, n~~-~ommis~ioned officer, or private who shall have faithfully served m the orgarnzed militia of this State for the term of seven consecutive years shall be thereafter exempt_ from military service, except in time of war, and shall be entitled to such other exempt10ns as are provided in the act of which this is amendatory and sup-88 CALIFORNIA REBELLION WAR CLAIMS. plemental, and he shall be entitled to a certificate of such exemption from the adjutant-general of the State. SEC. 21. Commissioned officers while on active duty in the service of the State shall receive the same pay and emoluments as is paid to officers of the United Staks Army of similar grade, the same to be audited by the board of military auditors upon the pay-roll, properly made up, and signed by the officer so serving. Sm;. 22. All acts and parts of acts conflicting with the provisions of this act are here-by repealed. SEC. 23. This act shall take effect and be fo force from and after its passage. CHAP. LXXI.-An act amendatory of an act entitled an act amendatory of and supple-mentary to an act entitled an act in relation to the milit'ia of this State, approved April twenty-fourth, eighteenkundred and sixty-two, approved April twenty-fifth, eighteen hundred and sixty-three. [Approved February 10, 1864,] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section sixteen of the act amendatory of and supplementary to an act entitled an act in relation to the militia of this State, approved April twenty-fourth, eighteen hundred and sixty-two, approved April twenty-fifth, eighteen hundred and sixty-three, is hereby amended so as to read as follows : · "SECTION 16. For the purpose of creating a State military fund, an annual poll-tax of two dollars is hereby levied upon each male inhabitant vf the State of the age of twenty-one years and upwards (California Indians alone excepted), to be known as the 'military poll-tax,' which shall be assessed and collected in the same manner and at the same time as is now or may be pr€scribed by law for the assessmeut and collection of State poll-taxes. For the purpose of collecting said tax the officers hereby authorized to collect the same shall have all the powers which are now or may hereafter be conferred by Jaw on the collectors of State poll-taxes, and any person who shall neglect or refuse to pay said military poll-tax, or who shall forge or fraudulently iE'sue any military poll-tax receipt, or give a false name, or refuse to give his proper name, or having men in his emµloy shall refuse to furnish the poll-tax collector or bis deputy, when requested, the name and residence of each man employed by him, or shall refuse to grant free access to the colli::ctor or bis deputy to the building or place where, ucb men are employed, shall be subject to all the pains and penal1ies imposed by law on persons who neglect or refuse to pay the State poll-tax, or who forge or fraudulently issue any State poll-tax receipt, or who give a false name, or refuse to give their proper names to the officer collecting the same: Provided. That volunteers serving in the Army of the United States, be, and they are hereby, exempted from the provisions of this act.'' S.Ec. 2. This act shall take eftect and be in force from and after its passage. CHAP. CCCLIII.-An act suJJplementary to an act entitled an act amendato1·y of and sup· ]Jlementary to an act entitled an act in relation to the militia of this St11ie, ap1Jro11ed AJJril twenty-fourth, one thousand eight hundred and sixty-two, approved .April twent11-fijth, one thousand ei:gltt hundred and sixty-three. [Approved April 4, 18G4.] The people of the State of California, represented in senate and as embly, do enact as follows: , ECTION 1. It shall not be nece ary for the commander-in-ehief too• der the enr.amp-ment of military in truct10n or the encampment ot tbe organized militia of this , ·tate, as required by the provi ion of the act to which this is supplementary, unless in bis dis-cretion the Rame i nece ary. EC. 2. Thi act shall take effect immediately. ~ ·oTI:;.-Tn th or_iginl\1 enrolled I w · of which the for~iroing are copies there are no marginal not , nnd th H•ct1011 lmd 11111111, •r of the same are all wrilL!'n out in full, in w,,rd ... and I llers-not tlgur ..... .-\I. o, the ·,.,.. •ral ropriateit 23 (repol'I,) ............................•...............•.•••...... March 31, 1866, .Exhibit 23 (report, ... _ .......••••.•... . .•................................ April 2, 1870, Exhibit 12 (report) .........................•.......•.....•.................. Resolutions: -January 30, 1860, Exhibit 1 (statement) . ........................ .............. : .... ..... . ::; g: rn~t i~~:gn: ~:::~:::~n :::::::::::::::::::::::::::::::::::::::: ::::::::::: ::: February 6, 1862, ExLibit 19 (statement) .......................................•......... February 25, 1862, Exhibit 21 (statement) ............••............................•..... March 10, 1863, Exhibit 31 (statement) ............... _ .................. : ............... . Febr11ar.v 6, 1864, Exhibit 66 (statement) ................................................ . April 1, 1864, Exhibit 38 {sLatement) ...........•........................ _ ................ . Adjutant.general of California,: • -Salary and miscellaneous expenses of office of ($38,083.17), dnring the war of tbe rehe1J. 32 72 47 44 47 84 61 88 64 65 65 65 68 88 71 71 71 42 30 30 30 39 · 40 46 61 65 ion ..•............•.......•..................•......................•................... 21-31 Acts of legislature April 24, 1862, Ayril 25, 1863. authorizing same ...... . : .... ......... 72-84-B. Bounty: Paid by California. to California volunteers mnst.ereil into the military service of tho United States during the war of the rebellion ....•...... , ................•.....•..•.••.... .. 21-23-31 C. Circumstances and exigencies: -Under which California appropriatecl and paid money on account of equipping, subsisting, transl?~~i-ng, supplying, fur~ishing, drill~ng, organizing, and paying. t.he expenses of her militia, volunteer (orgamr.ed) compames. and voll!nteer forces durmg the period of the rebellion; extra pay, bounty to the California volunteers in the military service of the United Sta.t~s dur!ng the period of the rebellion; and interest paid on money borrowed by her with which to pay tbe same .......... .- .......... . ...... 7 10, 12 20 22 24-28 Under which Califomia provided the necessary relief by ber law of April 27, 1863 (all app;als' Coin: therefor to the General Government having theretofore proved futile) ............... . Services of all troops serving in the Department of the Pacific paid for in coin up to De-cember 31, 1862; after December 31, 1862, said troops were paul in United States notes. 91 26 25 92 INDEX. P11go. _, Co1.tgress: Act of, .June 17, 1850 (U.S., Stat,. vol. 9, page 438), nndcr which each r.ccruit enlistino- at orin the vicinity of the military posts on the western frontier, and at remote and distant sta.-tions, between ,June 17, lli50, and August 3, 1861 IU. S. Stat., vol.12, page 288), was paid a money bounty equal in amount to the cost of transportation and subsisting a soldier from the principal recruiting depot in the harbor of New York to p !ace of his such enlistment ............................................ ~... . . . • . . . . . . . . • . • . . . • . . . . . . . • . . 23 Currency or United States notes: . Depreciation thereof ·on the Pacific coast . . . . . . . . . . . . . • • • . . . . . . . . . . • • . . • . . . . . . . . . . . . . . . . . . . . . 25 D. Defenses of California: Act of legislature, April 25, 1863, providing $100,000 therefor .......... : .........•............ Act oflegislature, April 4, i864, pr4 .......................................... . .... .. ..... 10-33 Shown to have actuall.v been e-arnpd and paid by tbe 8tato of California on money borrowed by i ue of 'tat bonds with which to pay relief and bounty to California volunteersin th military service of the United tates. . .. . .. . ......... . ..................... 26-27 .Actually earned on money bo1Towed and paid by Califomia, proof of payment on; consists of paid cane I d couponR of ~tate bonds (heretofore paid or exchanged), of reqnisi• · tions of the tate trrastuer of California for money reqnireil to par soml•annual in-tere ton , ·tate bonded debt; of canceled paid wa1'rantt1 drawn by State controller on tat~ tr a. ury in compliance with said requisition; of r egi te1: books containing de-scription of int ·r,.st•b arin_g tat bouds; of affidavit of present tate trca urer (tho l jral ru todiau of Stat r .. cords r,-Jating to intcrriil paid hy Ualiforuia) showing th amonnt of mon y actually paicl h,\ her a-i rnter st ca111ecl on principal borrowed by salo of paid California. tat h11ntl~ i,isul'II during the rebellion period (or by exchange into otb r bond ioi~n rl sub,i qu1·nt to tho r bcllion poriocl) to rai~e monC':V with wbich to pay for the rvic i of tho Galiforui ~ volunteer i11 tho military service of the Unitecl mt(• .•.•..•••••........•..•.•.•.•. .•••.....•.•.•.•.. .•••••......•....•.•.•.. .... 26-27, 41 2 INDEX. 93 Page. L. Loyaltyandefi'Pctiveneas: .. . . • ··CJ' t O(militia and volunteer (organized) comw,nies of Cal1forrna rn prevontmg upr1sm,..,, e c., conced d .........•........................ •· ...... •········ · ·······•··· · ··· ···· ·· ······ Loyalty of California: • · s , t th ·t· t Dnring period or the r1'1.wllion; Rliown by earnest desire of all Cah_fornm t'.t e au don ,i~l i upbolcl tbo authority of th national Government by leav1~g notlung un one · ~ could be done· by ritisin" 1roops for difficult and imporlant frontier se~·v1ce, where!n there was littio or no opportunity for distlnctio~ and ~c~nt comµe~s!L~ion ! ~r effoitd that w r prompt, energetic, and successful; 11! tr~rnmg ~ho_ ~1lit~a, raismg an prop rly sirpporting its voluntee~·s, and for all ot which Cahforma expended money without hesitation autl without stmt ........•..•..•• •··· -· •··· ·· ···· ·····• ······ ···· ·· M. Militia. antl volunteer (organized) companies of California, and expenses thereof, during the period of tho robollio11: . ll b 'd b c 1· 12 27 Artillery, mountc•d battery. ~\ mount of money shown to have ~ctua Y een pai Y a I• fomia to sustain a mounted (artillery) batter.vat San Fran?1~c~, Cal., $46,231.15, •· · · • • 30 Acts of Jpgi11laturo, A pr ii 26, l 862, authorizing 1:1ame. (Exhibit 24; statement of Senate Corr.mitt o on Military AJfa,irs) ..................•• •...... . ; -. . . • • • -.· • • •. • • -. • • . ·; · · 44 D1·illi~~ <:\241~o~~t- _o_t: ~~1~~~~. ~~1~-~~- ~~ _1~~~~- ~~~~-~l~:. ~~.~~/~~~ -~~-?.~l~~~~~~~ -~~~ ~r}~~1~: 4_110 Acts of I gislature, pril 2.t, 1862, April 25, 1863, authorizing same -....•..... • .... -• • • • · 72-84 Drilling of noel 11nst.1ini~g 1~0t~ntctl_b~tterr,. :rota! amoun~o{ money shown to ha~e a?tually been pl itl by Cahtomrn for d1~llmg m1ht1a anc~ (orgamzed) volunteer compamos, includ-ing amount of monc·y to 11ust am mount eit42; 11tatementto Committee on Mil it ry flairs).................................................................... 67 INDEX. 95 Volunteers of California-Continued. Page. Pay, extra, of. Amount of money shown to have actually been paid by California as extra pay to enlieterl men in the milital'y service of the United States, $1,459,270.21.......... 23-30 Actsofl gi lature, April2i, 1863, March 16, 186i, and March 31, l!s66, authorizing same .. 61-64-71 Recruiting; of. Amount of money shown to have actually been paid by Califor:u,ia for the recruitrng of the, $?.A 260...... . • . • . • . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-30 Acta of legislature, April 10, 1863, authorizing same. (Exhibit 32, page 47; statement to Committee on Military Affairs) ...... . .. . .......................................... 17-30 Number of California volunteers in tbe military service of the United States during the war • of the rebellion, 15,725. Number of orgmized militia in California in 1862 and 1863, 5,000 men; and in 1864, 8,250 men; aggregating a total of 23,975 men................... 28 Military services of California volunteers rendered durivg the war oft.be rebellion were Yal-. uable and important. They took tho places of the regular troops of the United States Army in California. wbo were withdrawn and sent east at an early period of the war. Without the California, Oregon, and Nevada volunteers t.he overland mail and emi-grant routes, extending from the :Missouri River via Salt Lake 1 o California-, Oregon, and Nevada, pa sing through an uninbabit,ed country infested with hostile Indians and hii!,hwaymon, could not have been protected. Important to th· United States to keep these overland route11 open and safe, because robel cruisers had made the sea routes hazardous and expensive. California volunteers, commanded b,v Generals Carlton and Connor, performed perilous and exhausting marche11, through almo11t impassable coun-tries, keeping a. watch fol eye on the uncertain and threatening attitude of the Mor-mons, besides doing military services in Arizona and New Mexico, and effectually hold-Wa.r: ing said Territories in the interest of the Unite1l States during the rebellion period against both Indians and rebels, eto ••••••..•••.....................•••••.......•••.••. w. 28 ecr tary o~, l tter ofi J?ecember l, 1889, transmitting to he Senate report on the Caluornia Wrj ht, G!~e~fG~~l' e6: aims................................................................... . l ;, a Rpecial message of GoYernor Dow-ney relatmg to Secretary Seward's said circular letter of October 14 ' 6 CALIPORNlA, OREGON, AND NEVADA S1£ATE WAR CLAIMS. 1861; and on January 10, 1862, Hou. Lelaml Stauforu, go\Ternor of Cal-ifornia, deUvering bis inaugural address to the legislature of California, sitting in joint convention for tllat purpose, referred to the exceptional military status of California, and in the manner as contained in an ex-tract therefrom~ copy of which is hereto atttached, and marked Exhibit No. 18, page 39. Among the first subjects to which the legislature of California, in 1862, therefore addressed itself was to ascertain the measures which in its judgment were necessary to place the State of California along its extended coast and in the interior iu a secure condition of military defense, and thereby carry out the intention of the aforesaid circular let-ter of Secretary Seward, as by it interpreted, and also to comply with the communications of the officers of the Government of the United States in relation to the subject of the common defense. In the prosecution of these purposes the legislature of California, on February 6, 1862, adopted Senate concurrent resolution No. 23, and on February 24, 1862, adoptGd Senate resolution No. 24, copies of which are hereto attached and marked Exhibits Nos. 19 and 20, pages 39 and 40. (Statutes of California, 1862, page 607.) Again, the legislature of California, with a view of ascertaining the means of adapting the militia system of that State to the exigencies of the crisis in the affairs of the nation as same existed on February 25, 1862, adopted, on that date, Senate concurrent resolution No. 36, copy of which is hereto attached, and rnarkf'd Exhibit No. 21, page 40. (Statutes of California, 1862, page 608.) · As sequences following the adopt,ion of this resolution, and of the re-ports made in connection therewith, the legislature of California, on April 24, 1862 (Statutes of California, 1862, pages 362-383), passed an act entitled "An act in relation to the militia of the State," section 43 of which, ameuded on April 25, 1863, provided for special military instruc-tions for her volunteer troops by establishing regular military carnps for such instructions; copies of which section 43, as originally enacted April 24, 1862, and. as amended April 25, 1863, aud again amended on April 4, 1864, are hereto attached and marked Exhibit No. 22, page 40. The reasons alleged in behalf of this expense on the part of Califor-nia at that time for such military encampments for military instruction were to put an her volunteers, militia, and home guards in a state of im• mediate readiness and :fitness to respond to the calls of the United States, which theretofore bad been made and which might thereafter be made upon her for troops, and :in the end as a measure of efficiency and true economy for the United States. Nor can the propriety of this expenditure on .the part of the State of California for the United States, for the military instruction of her troops for con temp lated actual service in the Army of the United States, be seriously questioned when it is remembered that in the early days of the late civil war mouths were con umed in imparting military instruction in drilling and organ-izing a large army concentrated on the south bank of the Potomac River. In fact the camps then occupied by said Army were practically encamp-mentsfor military in tructions, and though entailing a very large expense· upon the United State,, yet it was held that they were not oniy ab-solutely uec ary to pr pare the contingent from the several States, a Ambled then forth :fir ttimea Federal troop ,forthecomingconfl.ict, but in fac a tru eco11om of 1ife and expense on the part of the Gen-eral Governm nt. Similar r a on.. are officially t forth in an official communication addre ed to Gov rnor Downey l>y Li ut. J. L. Browne, of the An burn CALIFORNIA., OREGON, AND NE.VADA STATE WAR CLAIMS. 7 Greys, Anhum, Placer County, Cal., and fu ~be offioial_re.~ort~ of G~n-er.al W. C. Kibbe, adjutant-general-of the ~tate of Uahforma, copies of which are hereto attached au<.l. Gold and s1lverwere then the only circulating me<.1m1!1 rn Cahforma, ~regou, aud Nevrlda, paper money being more of au article of mercha11d1se, a11d so depreciated from the gold standard of value as to ue worth only alJout 50 cents in gold on-the dollar. 8 CALIFORNIA, OREGON, AND NEVADA 8TA'l'E WAR CLAIMS. In this conditiou of affairs the leg-i8lature of California on March 10 1863, adopted concurrent resolutiou No. 3, impressing upon the P11t { dent of the U uiteit No. 41, page 67. Again, the State of California, on April 4, 1864, passed an act entitled ''An act for the relief of the line officers of the California volunteers in the service of the United States," and appropriated the sum of $65,000 with which to pay said officers for their services between the date of their comn:iission by the State of Califor,nia, and the date of their being mustered mto service of the United States; and the State issued its bonrls _to pay the same. Uo11gress: recognizing the justice of this class of claims at a much later date, passed a law on June 3, 1884, covering the same ~object, and, as will be found on page 34, vol. 23, U. S. Stats., copy of thfs law as passed b,v the legislature of California is hereto at-tached_ and marked Bxhibit No. 42, page 67. · _ Agam, on April 4, 1864, the State of Oalifornia passed an act entitled· ''An act granting bounties to volunteers of this State enlisted in the serv-ice of the United States, for issuing bonds, to provide means for the payment of the same, and to levy a tax to pay such bonds " and for this purpose appropriated $2,000,000. Copy of this law is h~reto attached and marked Exhibit No. 43, page 69. ADDITIONAL CAUSES '.l.'HAT LED TO FURTHER CALLS AND REQUIS.I· TIONS BY THE UNI'l'ED STATES FOR CALIFORNIA VOLUNTEERS. Congress having on July 1, 1862, chartered the Union Pacific Rail-road C~mpany, to which, aud also to the Central Pacific Railroad Com-p~ns~ aid was giYen by the United States to build one continuous li-.e of railroad from the Missouri River to the Pacific Ocean throt}gh this 10 C.ALIFORNI.A, OREGON, .AND NEVADA ST.ATE WAR CLAIMS. region of country, did, on July 2, 1864, still further foster these enter. prises by aer 24 l 64, i ' tPtl hi, proclamation therefor, copy of wllicll i her to attaell aud mal'kecl Exhibit o. 44, page 72. CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 11 EIGHTH CA.LL BY THE UNITED STA.TES FOR CALIFORNIA. VOLUNTEERS. Again, on Novemb~r 16, 1864, General Irwin McD?'Yell made_a re9ui-sition upon Governor Low of California for an add1t10nal regunent of California infantry. Whereupon Go\Ter~or Low, !m November 16, 186~, issued his proclamation therefor. Copy of same 1s hereto attached and marked Exhibit .No. 45, page W. · . STILL FURTHER LEGiSLA.TIVE _ENA.CTMENTS BY CALIFORNIA._ FOI?:.THE COMMON DEFENSE. Again, on March 31, 1866, the legislature of Califo~nia passed 3:n act , entitled "An act to appropriate money for the payment of the claims of the Ualifornia volunteers," and appropriate,l the sum of $550,000. fpropriation of money by the legislatures of Oregon and California subsequent to April 15, 1861, to pay bounty and extra pay to their troops in the service of the United States were "voluntary contribu-tions or donations, not constituting a charge against the United States," and that other States incurred similar expenses, but that California and Oregon are the only States which charge the United Rtates with such expenditure. At this time no report is called for by the Senate or from its Commit-tee on Military Affairs as to what other States have not done, but due consideration isaskedforthatwhich California, Oregon, and Nevadahave actually done to maintain the common defense, as they allege, and in considering what is alleged in said words, '' it is believed," it is also reasonable to believe that if other States had similar claims they would have long since presented them, and from the fact that no such claims have ever been presented, it is also reasonable to conclude that no such claims by other States actually exist. California, Oreg-on, and Nevada are now, in a time of peace, re-spectful petitioner before Congres , reciting the numerou public act b them performed for the common defense in a time of war, and the upport aid recital by citing tho enactment of their re pective legi . latnre , and all of which seem to have been appropriate, timely, and necr es ary. CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 25 PJ.WULIAH, CONDI'L'ION OF AFFAIRS ON PACIFiO COAST DURING '.J'HE REBELLION. California, Oregon; aud Nevada, and Nevada when a Territory, were not engaged in "voluntary contribution and donation" enterprise~ dur-ing the eventful period of the Rebellion, when these large expenditures of money were made by them ; on the contrary, from. a high national ne-cessity, and in consequence of their thorough loyalty to the Union, these States, and Nevada when a Territory, were w;estling with a military condition of tsings such as this. country had neve~r before known. Cali-fornia. Oregon, and Nevada did not enaet laws during this war period to amuse their p~ople, or to give occupation to their able-bodied male citizens between the ages of eighteen and forty-five years, all of whom .-at said dates were industriously and profitably engaged in every busy walk of life; nor did they, through motives of generosity, make appro-priations of public money for private charity from any surplus they then had on hand; on the contrary, their treasuries were nearly empty, and to such an extent that they were compelled to pledge their public faith and public credit in the marktpts of the world in order t<1 borrow..money with which to pay the appropriations made in their several statutes as herein recited, ·-and which in their judgment seemed necess-ary to meet the peculiar exigencies of the times, and to an extent which even exceeded their constitutional limits of expenditure, and the exceed-ing of whir.h limits under their constitution were justified only by the_ -extraordin.ary crisis of affairs by ·which they were then so suddenly confronted and called upon to meet, and all of which go to show the practical part that Ualifornia, Oregon, and Nevada took to maintain the common defense in the Pacific Coast States and Territories during such an important period in the country's history. · In view of the amounts of these State war claims, the important fac-tors that enter therein, and the dignity of the claimants, serious consid-eration bas been given to all the propositions contained 1n- this bill (S. 3420), and the particularly isolated-position and defenseless condi-tion of the Pacific Coast States and Territories during the periods dur-ing which these claims arose haR not been overlooked. Due cognizance also bas been taken of the public fact that the flag of the French Republic :floated over the Mexican Pacific coast south of , and adjoining California during an important portion of this period ·; that a French army, under Maximillian, held exclusive control of a large portion of Mexican soil; that an effective French navy exclus-ively occupied nearly all Mexican sea-ports on the Pacific.coast, espec-ially Acapulco, ~here American ships between New York and San Francisco, carrying passeng.ers, bullion, and coin had to enter to water· coal, and provision. This was prior to the acquisition by the United States of the district of Alaska, at a time when English rule dominated largely the Northwest Pacific, where an English army and an effective Eng:lish navy, eyer ready and vigilant~ gave the United States great anxiety as to possible troubles arising in our Pacific Coast States and Territories in the event of any foreign c-omplications arising thought then more likely to arise. with England than with an;y othe~ foreign power. Eng!ancl's possessions on the Northwest P~cific, including her right to navigate the Columbia River from its mouth to its source in British Colum.b~a, free from toll or tax or hindrance from the United States, as guarantied to her by the terms of the second article of the United States treaty with Great Britain of August 5, 1846 (Buchanan-Pakenham treaty, 9U. S. Sta1ts., 869), constituting then, as now, so importanta key 26 CALIFORNIA, OREGON, AND NEVADA STA'rE WAR CLAIMS. to the military and naval situation on that ·coast (in the language of Senator Morgan, "her fortress at Gibraltar is not so important as her possessions on Vancouver's Island"), even at that early date justified English interests, moving therein with all the regularity of time and certainty of fate, to take those public measures that have finally resulted in the consolidation of British Columbia and the Canadas under one and the same general government, and to the ultimate construction of a Ca,na-dian Pacific Railroad. Between April 15, 1861, and May 18, 1865 (on which last date hostil-ities had actually terminated), the only available United States Navy for the Pacific coast consisted of: Three side-wheel steamers, Saginaw, Wateree, and Saranac; two screw sloops, Wyoming and Narragansett j one steam sloop, Lancaster; two sailing sloops, Oyane and St. Marys, carrying, all told, only one hun-dred and five smooth-bore guns of old style and pattern and small cal-iber. See letters of Secretary of the Navy, July 13, 1888, hereto attached, made a part hereof, and marked Bxhibit No. 83, page 128. The governors of California, Oregon, and Nevada, thus sandwiched as a Ull).t between the English flag on the north and the French flag on the south, and practically detached frotn the other States of the Union, so far as Federal aid and relief for the common defense were concerned, had to rely very largely upon their own judgments, guided therein by the wisdom of their own legislatures, and upon the patriotism of their own people, to maintain the common defense. U ncler these circumstances the responsibilities of the authorities of California, Ore , gon, and Nevada were not light; but on the contrary, their duties were difficult and delicate to perform in order to avoid complications with either M these two or other foreign powers on the one hand, and to pre-serve order and maintain a proper military status within their borders on the other, when executing the legislative will of their respective States. It was under circumstances such as these, when the money with which the United States paid their volunteer soldiers and sailors bad depre-ciated 33 to 50 per cent., that the officers of the United States Navy had their pay increased 33 per cent.; but no similar provision, in fact no special provision at all, seems to have been made by Congress in behalf of the gallant sailors of the Navy and private soldieri:i of the Army of the United States then in their service on the Pacific coast States and Territories, except that which California, Oregon, and Nevada advanced from their own State treasuries in behalf of their own volunteers when they were in the actual service of the United States. CONGRESS AUTHORIZES EXTRA PAY AND BOUNTY TO UNITED STATES TROOPS IN TIMES OF PEACE SERVING IN CALIFORNIA, OREGON, AND NEVADA. Attention is called to the fact that Congress, recognizing the great cost of living and the exceptionally difficult and hazardous service of the United States regular Army serving in California, Oregon, and Nevada, and in the Rocky Mountain region, in a time of peace, has heretofore made pecial provi ion for an increa e of tile pay of the officers and enlisted men thereof by providing that each officer of the regular Army so serv-ing in aid localitie hould receive the sum of $2 pp,r day in addition to hi ordinary pay, and that the enli ted men of the regular Army bould receive double their ordinary monthly pay; and all of which ct are t for h in extracts from the United States statute hereto attached and marked Exhibit o. 84, page 129. ,.7 CALIFORNIA, OREGO~, AND NEVADA E:'TA'fE WAR CLAIMS. "' Attention is also called to a practice of the United States as the same formerly existed in those regious of country, and that too in_ a tiru~ of peace, to wit, that, when volunteer enlis_tments were ~ade m Cahf~r-nia, ·Oregon, and Nevada, for the U. S. Army, the Umted States paid sucli volunteers a boun.~y equal in amount to the actual cost to the United States of transporting and subsisting a volunteer soldier from the principal recruiting depot of the United States in the harbor. of New York to the place of tbe enlistment of such volunteer in said States; which fact is set forth in an utract from the act of Congress ap-proved June 17, 1850 (9 U.S. Stat., 439), attached hereto and marked Exhibit No. 85, page 130, so that it abundantly appears that the extra pay and bounty paid by California, Oregon, and Nevada to theirvolun-teers when they werein the actual and active service of the United States in a time of war is in perfect harmony with tLe policy heretofor~ adopted and so long and so frequently executed by the United States in the case of its regular Army serving in a time of P,eace in the same locali-ties, and paid by the United States whenever.in tlle opinion of Congress the public exigencies equitably demanded that the same should be so paid for military service. It also appears that the exigencies under which California, O_regon, and Nevada paid said extra pay and bounty to their volunteers who enlisted in said States, and who performed mili-tary service for the United States in a time of war, are similar in all respects as to character to those under which the United States did the same thing in a time of peace, and differing only in this, that the sums so paid by California-, Oregon, and Nevada were less in amount, in a time of war, while the exigencies exceeded in degree those under which the United States have heretofore paid a much larger sum to its own regu-lar Army serving in said States in a time of peace . .ADDITION.AL LEGISLATION BY CALIFORNIA AND OREGON. The manner in. which it bas been alleged California's volunteers who were serving· the United States in .Utah, Arizona, and New Mexico were -treated at the end of their said military service is set forth in California concurrent resolutions No. 25, adopted March 17, 1866, copy of which is hereto attached and marked Exhibit No. 86, page 131. The manner in which it has been alleged certain California volun-teers, when serving the United States in California, were discriminated against, is set forth in California concurrent resolution No. 4, adopted February 19, 1868, copy of which is hereto attacheu and marked Ex-hibit No. 87, page 131. The want of ample protection in California in 1861, 1862, 1863, 1864 from the violence of hostile Indians therein is set forth in California memorial adopted March 27, 1868~ copy of which is hereto attached and marked Exhibit No. 88, page 132. The c?sts incurred by_ California to replace the arms issued to her by · the '£!n~te~ States_ durmg the war of th_e rebellion, alleged to have been mterior both 111 pattern and quality, 1s set forth in California con-current resolution No. 27, adopted February 3, 1872, copy of which is hereto attached and marked Exhibit No. 89, page 132. Th~ ho~tile attitude of the Indians towards the whites living in the count1eR m Oregon east of the Cascade Mountains as late as October 9, 1866, is shown by Oregon house resolution No. ii adopted October 9, 1866, copy of which is hereto attached and marke'd Exhibit No. 90 page 132. ' On March 11, ;s12, t~e legislature of California appropriated the sum of $2,000 with which to pay expenses necessarily incurred in 28 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIM,. suppressing Indian hostilities in -Humboldt and Trinity Countie in 1868 and 1869- in an act, copy of w bich is hereto attached and marked Exhibit No. 91, page 133. WAR MEASURES OF CALIFORNIA., OREGC>N;·AND NEVADA, AND NEVADA WHEN A TERRITORY, REVIEWED. In view of the foregoing rP-citals, it is believed that the military war measures taken by California, Oregon, and Nevada during a very im-porant period of the nation's existence, in providing for camp, field, and garrison service, and the instructive preparations made in "mil-itary encampment of instruction" for further military service inland and on the coast for their volunteers, militia, and home guards, were appropriate and necessary, .and effectively secured the common defense for the Pacific coast States and Territories. The present is not the time to dispute the "necessity and propriety" of the expenditures made by said States during said war period. Congress should exercise directly its own constitutional prerogative in cases so important as the present State war claims of these States are, and, as suggested in the correspondence of the Secretary of the Treasury hereinbefore re-ferred to, it is recommended that Congress itself formulate the policy which in its wisdom, judgment, and discretion should be equitably ex-ercised as to the necessity arid propriety of these war expenditures made by California, Oregon, and Nevada for the common defense of tbe United States during a period of war, rather than to substitute there-for the views or opinions of any other Department of the Governm~nt, and thereby avoid whatever intention Congress may :finally declare in these cases being thereafter refined away by construction or by the possible substitution of a different judgment in regard thereto. The United States should re-imburse California, Oregol!, and Nevada the moneys they have actually paid~ and should redeem the obligations they have actually assumed to secure the common defense and the per-petuation of the integrity of the Government. CONCLUSIONS AND RECOMMENDATIONS. California, Oregon, and Nevada have not presented petitions for the re-imbursement by the United States of any State war-claim expenditure they did not actually make, nor for the redemption of any war obligations tions which they did not in good faith assume for the benefit of the United States during a period of war. The greater portion of these expenditures were made subsequent to the aforesaid appeals of Secretary. Seward to the governors of said States to put their States in a condition of proper defense, and made partly in consequence of said appeals and partly in response to other.and frequent calls and requisitions made by the United States upon their resources and population, and wherein the good faith of the United States was to be relied upon to make them a full re-imbur ·e-ment whenever the United State3 found themselves in a pecuniary con-dition to redeem all their obligations. California, Oregon, and Nevada have been diligent in making their State war claim known to Co:ngres , ar1cl have waited long and pa-tiPntly, beli ving that the obligations of the United States due them were a acred as if they had originally taken the form of a 4 per cent. Unit d State bond, now being redeemed by the United State before maturit at 1.28 . . California, _Or gon, and evada, by numerous petitions and memo-r1 1 , have trequ ntly repr ented to Uongre valid rea on why the CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 29 taxes heretofore levied upon their people and paid out of their State treasuries to their own volunteer troops in gold and silver; while they were in the actual and active ssrvice of the United States, to aid the United States to maintain the common defense, should be returned to them by the General Government. Congress can not forget ·that during t-he war period the citizens of California, Oregon, and Nevada (who never furnished. substitutes _to perform military service for them) not only helped to guard the prm-cipal gold and silver mines of the country then discovered west of the Rocky Mountains, and prevented them from falling into the bands of any enemy, but that they also worked them so profitably as to enable the United States to resume specie payment at the date when they did, and to redeem their uumatured interest-bearing bonds at 28 per cent. above par, to repay all their money-lenders at a high rate of interest, and that too not in the depreciated currency with which they paid the vol-unteer troops of California, Oregon, and Nevada, but in gold coin of standard value. As all these expenditures were made by these States and Nevada, when · a Territory, to maintain the common defense, it is thought that, under the peculiar and exceptional circumstances of these cases, the ac-tion of the States of California, Oregon, and Nevada should not be hewn too nicely or too hypercritically by the United States at this late date. These expenditures were made by these States and by Nevada when a Territory for patriotic purposes, and gave effectual a.id to the United States in securing great national results which otherwise could not have been obtained wHbout a much larger expenditure. Said States and Territory in good faith assumed and paid large pecuniary obligations to aid the United States, and to do so even went beyond the extreme lim-itations of their constitutions in regard to public debts, by issuing and selling their own bonds, and guarantying their public faith and pledg-ing their public credit for their redemption, and upon some of which bonds they are paying interest even at th~ present time. The real question therefore now for consideration is, shall Congress in good faith, under all the circumstances herein recited, relieve the States of California, Oregon, and Nevada from these obligations, and have the same borne equally by nll tbe States as a common burden incurred for the common defense, or shall it require the same to be paid exclumvely by the people of those States, These c]aims constitute a valid charge against the United States and should be paid by the United States, and wherefore the passage of the bill (S. 3420) to ascertain the total amount of all of said State war claims in the manner therein recited and now herewith reported is recommended. CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. APPENDIX. EXHIBITS TO CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. EXHIBIT No. 1. No. XVIII.-Ooncurrent resolution. " [Passed January 80, 1860.] Whereas, from our isolated position in the Confederacy, it isactuallynecessaryforthe common defense and general welfare of the people of the State of California that we should be properly supplied with arms and munitions of war sufficient for self-protection; and Whereas in the event of a war with, or foreign invasion by, any of the great powers of Europe, California, from her detached and exposed condition, would in her defense-less situation become a prey to the enemy: Therefore Be it resolved by the assembly ( the senate concurring), That our Senators be instructed, and Representatives in Congress requested, to exert their influence with the Federal Govern-ment to procure twenty thousand stand of arms and four batteries of light and four batteries of heavy artillery for the use of California. Resolved, That his excellency the governor be requested M> transmit a copy of the above preamble and resolutions to our Senators and Representatives in Congress. ExHmIT No. 2. No. XXIX.-Qmcurrent resolution .concerning the overland mail and telegraph route. (Approved May 17, 1861.] Whereas the daily overland mail is about to be carried and the overland telegraph to be constructed between California. and Missouri, over a l'Oute traversed by numerous bands of Indians; and Whereas some of them are exhibiting hostile intentions, and saiil mail and telegraph are liable to interruption from this cause: Therefore, Be it resolved by the assembly (the senate concurrin_q), That our Senators in Congress are requested to procure from the General Government such military protection as may be necessary to secure said route against Indian hostilities and to afford a safe transit over the same for the United States mails and for all emigrants or passengers traveling said route. EXHIBIT No. 3. No. XVIII. -Concurrent resolution. [A.doptM May 17, 1861.] Resolved by the senate ( ilie assembly concurring), That the people of California are devoted to the Constitution and Union of the United States, and will not fail in fidelity and 30 CALIFORNIA, OREGON, AND NEVADA ST-ATJ<~ WAR CLAIMS. 31 fealty to that Constitution and Union now in the hour of trial and peril. That Califor-nia is ready to maintain the rights and honor of the National Government at home and abroad, and at all times to respond to any requisition that may be made upon her to defend the Republic against foreign or domestic foes. . EXHIBIT No. 4. [By telegram to fart.heat point West and thence by Pony Express to California.] WAR DEPARTMENT, July 24, 1861-8.30 p. m. To the govm·nor of California: The War Department accepts for three yeallS one regiment of infantry and five com-panies of cavalry to guard the overland mail route from Carson Valley to Salt Lake and Fort Laramie. Colonel Waite wiU be put in command of department at Salt Lake City. General Sumner·will detail mustering officers to muster in the men. True copy. To JOHN G. DOWNEY, EXHIBIT NO. 5. [California State Telegraph Company.] SIMON CAMERON, Secrei,ary of War. L. THOMAS, .Adjut,ant-General. WASHINGTON, .August 14, 1861. Governor of California: Please organize, equip, and have mustered 'into service at the earliest date possible four regiments of infantry and one regiment of cavalry, to be placed at the disposal of General Sumner. EXHIBIT No. 6. SIMON CAMERON, Secretary of War. WAR DEPARTMENT, Wasliington, D. C., .August 15, 1861. To His Excellency, JOHN G. DOWNEY, Governor of State of California, Sac1·a.mento City, Cal.: Srn: I have this day forwarded to your address a dispatch by telegraph and by Pony · Express, to the effect that in filling the requisition given you August 14 for five regi-ments you will please make General D. D. Colton, of San Francisco, colonel of a cav-alry regiment, and give him the proper authority to organize as promptly as possible. Very respectfully, your obedient servant, EXHIBIT No. 7. Proclamations. SIMON CAMERON, SIJcref,ary of War. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT Sacramento, .August 12, i861. In puISuance of a communication from the Secretary of War dated July 24 A D 1861, '' accepting for three years one regiment of infantry and fi;e companies of ~a,v~lry to guard the overland mail route from Carson Valley to Salt Lake and Fort Laramie " I, John G. Downey, governor of the State of California, do hereby call for volun~rs 32 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. for the above-mentioned service. The forces will be organized in accordance with the laws and regulations of the United States, and will be mustered into service at such times and places as may be directed by the commanding officer of the United States on this coast. EXHIBIT No. 8. JOHN G. DOWNEY, Governor, STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, • Sacramento, August 23, 1861. Whereas by an additional communication from the Secretary of War, bearing date August 14, A. D. 1861, to the executive of this State directed, the President of the Unfted States has called for four regiments of infantry and one of c-avalry, to be placed at the disposal of Brig. Gen. E. V. Sumner, U. S. Army, "organized, equipped, and mustered into service by the State of California, such call being made in pursuance of the act of Congress passed July 19, 1861, entitled 'An act to authorize the employment of volunteers to aid in enforcing the laws and protecting the public property.'" Now,. therefore, I, John G. Downey, governor of the State of California and com-mander-in-chief of the militia, etc., of the same, do hereby authorize and call upon the citizens, as many as shall be necessary to fill up the preceding requisition, to immedi-ately form and organize themselves into '' volunteer companies '' in accordance with the · directions and requirements stated in sections 17, is, and 19 of the statutes of this State, entitled ''An act in relation to the militia of this State,'' approved May 9, 1861. Said companies will be accepted and mustered into service according to the reception, by the adjutant-general of the State, of the certificate of organization mentioned in section 18 of said act, and reported by that officer to the commander-in-chief, the in-fantry companies to consist of any number between eighty-three and one hundred and one, and the cavalry companies of any number between seventy-nine and ninety-five, officers inclusive; the commissioned officers of each company to consist of one captain, one first lieutenant, and one second lieutenant. The commander-in-chief will proceed forthwith to organize the regiments aforesaid out of said companies according to their priority and fa conformity to law. While the act of Congress aforesaid requires the "governors of States furnishing volunteers to commission the field, staff, and company officers, requisite," the commander-in-chief will in all cases give preference to the officers elected by the respective companies, pro-vided that they are competent and pass examination before the military board already appointed by the United States officer commanding Pacific Division, San Francisco. Volunteer companies already organized and commissioned are expected to report forthwith to the adjutant-general, tendering their services to meet the requirements of this proclamation. Companies tendering their services will expressly state whether they are infantry or cavalry. In witness whereof I have set my hand and caused the great seal of the State to be affixed. Done at Sacramento, Cal., this 23d day of August, in the year of our Lord 1861. Attest: JOHN G. DOWNEY, Governor. JOHNSON PRICE, Secretary of State. Under the foregoing proclamations of your excellency calling for troops for the serv-ice of the United States, the requisite number of regiments called for, designated as the First, Second, Third, Fourth, and Fifth Infantry, California Volunteers, and the First and Second Cavalry, California Volunteers, have been duly organized and officered as follows. ft ... ft ExmBIT No. 9. Tile State's continqent. . Two requisitions were made upon me by the Secretary of War for troops for the serv-ice of the General Government, the first bearing date of July 24, 1861, for one regiment CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 33 of infantry and :five companies of cavalry, and the other dated August 24, 1861, for fenr regiments of infantry and one regiment of cavalry. . The legislature having adjourned without placing any funds at the~~~osal of t~e ex-ecutive to meet such colltingency, and the language of these requ1s1t1ons urgmg all possible dispatch I at once issued my proclamation ca-i.ling out the require'd force. It emailed much labor upon this department, for which it feels fully compensated by the character of the officers selected and the soldierly bearing and character of the men who compose the rank and file. . The whole contingent as organized is composed of our best cit~ns-men of cho.racter and means from all ranks and purauits of life-and will -achieve an honorable fame for our State and render good service to the nation when called into active duty. In organ• izing this force commissions we~ conferred upon officers in the regular Army of the · United States as colonels in order to give efficiency and discipline to our rawrecruits. By an order from the War Department I was notified that these officers could not be permitted to retain position in the volunteer service as they were ordered to thescene of hostilities to join their respective regiments. Two of these officers, Colonels Kellogg and Judah, rendered much aid in raising and organizing the.Fourth and Fifth Regiments of Volunteers, at great expense and trouble to t)lemselves, without being permitted to enjoy the honors or emoluments arising therefr~m. · The cavalry regiment was raised before Colonel Smith arrived to take command of the volunteers, and bas now charge of the troops of the State along our southern frontier. I would recommend that appropriations be made to compensate the officers mentioned for the personal expenses necessarily incurred by them and the important services they have rendered the State-say $2,500. A large amount of business bas been entailed upon the adjutant-general in clerical labor and services attendant upon the extraordinary duty connected with and occasioned by the raising of our contingent; and I would recommend an appropriation of$1,500as a ju -t compensation therefor. The militia law of last year is found to work well, and meets the expectation of its advocates. It declares that all necessa.ry expenses arising under its operation shall'be defrayed out of the general fund; but the legislature failed ~o make any appropriation. It is hoped that a small appropriation wiil be made to meet the inconsiderable amounts already audited, as well as the future,!)ontingent expenses for the year. Too much im-portance can not be placed upon the organization of our militia, in order that efficiency may be att,ained, and that a military spirit may be infused into our citizens. It can not be expected that volunteers will drill and _parade without arms. For these reasons I recommended last year a military tax for rent of armories, and the purchase of arms. We should, therefore, have at least a hundred thousand stands of arms distributed among our militia; instead of this there are not three thousand, and many of these are of antique style and character, of but little use for modern warfare. ExHmIT No: 10. · 111:dian hostilities. The employment of State troops for the suppression of Indian hostilities has, with one exception, been avoided during my administration, the officers in command of the United States forces on this coast .having, when the same was practicable, rendered timely as-sistance when called for by me. In the month of At!gust last I received from the citi-zens of Humboldt Cqunty petitions, accompanied by proper and satisfactory affidavits . s~tting forth t~at the lives and_property of the citizens were being sacrificed by bostileJ:n: d1ans. I applied repeatedly, m person and by letter, to Brig. Gen. E. V. Sumner then in command of the United States Army on this coast, and requested him to move fo~ward troops into the disturbed districts. After some delay he informed me that he bad no men at_his disposal for this purpose. This refusal involved the necessity of rendering State aid, and a company of mounted men was called out, and remained in service some ninet,y days, or until Brigadier-General Wright, who had succeeded to the command on the Pacificcoa.'lt, gave me assurance that he would send into these districts a sufficient force to insure the.~rote?tion of the inhabitants and their property. " · The exped1t10n,· m accord'.'1-nce with th_e or~ers and instructions given, was conducted hu~anely, and met the obJects for which 1t was called into service. A proper and praIS~w~rthy economy has been p~rsued by. the officers having charge of it, and an ap-propnat1on to meet the expenses mcurred IS recommended. -Sixteen thousand aollars will cover the whole outlay for subsistence, pay of men, and ~orses, with transportation.. S. Ex.2-9 34 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. This amount will, as it were, be only advanced to- the General Govem_ment, as it will be promptly recognized; and when such claims are so recognized, they by law become proper offsets against our quota of the Federal tax to an equal amoUD;t. ·EXHIBIT No. 11. STATE OF CALIFORNIA, County of Los Angeles, ss: John G. Downey, upon being :first duly sworn on oath, dep~es and says: That he is the identical John G. Downey who was governor of the State of California on August 20, 1861, and on September 30, 1861; that he has read the papers attached beret.o and made part hereof, and marked A and B respectively, and whicl.papers purport to be copies of the orders, instructions, or directions by him issued as governor of California on the two above-named dates, and that to the best of' his recollection and belief said two papers A and B are full, true, and correct copies of the original by him issued to Brig. Gen. James T. Ryan on the two aforesaid dates; that he is advised by Capt. John Mullan, now agent and counsel for the. State of Cali(ornia, that diligent search has been made among the archives of the State of California in order.to :find either the original or copy of said two orders, and that the originals can not now be found, nor any copy thereof except those marked herein~ _A and B respectively; t!hat he makes this affidavit at the request of Capt. John Mullan, agent and counsel for the State of California, in order to perfect and complete the proof required by the proper officers of the United States t.o support and establish the claim of the State· of California against the United States to be re-im-bursed the moneys paid by her on account of the issuance and execution of the two aforesaid orders; that he has no interest in the subject-matter of this claim against the United States. · JOHN G. DOWNEY. Witness to signature: 1. P. S. O'REILLY. 2. R. A. BROWN. Sworn and subscribed b~fore me this 15th day of June, A. D. 1888. [BEAL.] T. E. ROWAN,· • Notary Public. [Inclosure with Exhibit No. 11.] A. STATE 011' CALIFORNIA, EXECUTIVE DEP .A.RTMENT, Sacramento, Augi1,St 20, 1861. Sm: Information having been received at this office from sources eniitled t.o credit of repeated outrages having been committed by hostile Indians upon the settlers in the vicinity of Eel River, the same having been communicated to Gl3neral E. V. Sumner, com-manding Pacific Division U. S. Army, with request that he might furnish the desired re-lief. It not being convenient for said general commanding to render the aid required, and in order to protect the lives and property of the citizens of Humboldt County, you will at once proceed to enroll and muster into service, for the space of three months, forty mounted volunteers to be used in subduing the Indians committing said depreda-tions. In organizing this company you will follow as strictly as possible the military law of the State and be careful in protecting the lives and property of \he citizens; that no in-humanity be practiced towards the Indians : tha,t only those in actual hostility must be molested, and in no case must the ·u ves of women and children be taken, and a departure from these instructions will subject the parties offending to severe penalties and repri-mand. You will report to this office as soon as the company is organized, sending copy of muster-roll and list of officers, that the latter may be commissioned. Y ery respectfully, etc., JAMES T. RY.AN, Brigadier-General, Si.xth Division, 0. M. JOHN G. DOWNEY, Gm;ernor. (Indorsemen :) Voucher. S. B. No. 18. Order of Gov. J. G. Downey. Calling c-0mpany of troop into service against the Indians, Humboldt County, August 20, 1861. · iled before committee on claims, House of Assembly, 6th February, 1862. W. B. fay, clerk. ' CALIFORNIA, OHEGON, AND NEVADA STATE WAR CLAIMS. 35 [Inclosure with Exhibit No. 11.] B. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, Sacramento, September 30, 1861. (11:<;~ji;RAL: Represeulations having been made to me that the force heretofo~e ~alled out by me for the suppression bf Indian hostilities in ~~e county of H:lmboldt, 1s made- , q uate to -perform the required service; and that add1~10nal ~epredat10n_s have occu~red since the force was called out, you are hereby authoriz~d to mcrease s~1~ ~orce to s1~ty men and to instruct them to extend their field of operations over the adJommg counties, so a~ to effectually terminate the de.predations in that portion of the State. Very respectfully, your <7bedient servan_t, Brig. Gen. JAMES G. RYAN; San Francisco. JOHN G. DOWNEY, Governor. (Indorsements:) Voucher. S. B. No. 18. Order of Gov. J. G. Downey. Calling for an additional number of troops against the Indians, Humboldt County, September 30, 1861. Filed before the committee on claims, House o! Assembly, 6th February, 1862. W. B._ May, clerk. EXHIBIT NO. 12. [Senate Ex. Doc. No.193, Fiftieth Congress, first session.] Mess(ige from tlte President of the United States, transmitting a report of tlte Secretary of State relative (o the subject .of State defenses in 1861. [June 14, 1888.-Read and laid ~pon the table and ordered to be printed.] '1'o the Senate of the United States: I transmit herewith, in response to a 'resolution of the Senate of the 11th instant, a re-port of the Secretary of State, to whom said resolution was addressed, together with a copy of the letter addressed by William H. Seward, Secretary of State, to the governors of certain States ofthe Union, under date of October 14, 1861, as described in said reso-lution. . EXECUTIVE MANSION I Washington, June 14, 1888. [Inclosure with Exhibit No. 12.J The PRESIDENT: GROVER CLEVELAND . The undersigned, Secretary of State of the United States, having received a resolution oftbe Senate of the United States, adopted on the 11th day of June instant, in the fol-lowing words: '' Resolved, That the Secretary of State be, and he is hereby, requested t,o furnish the Senate with a copy of the circular letter of the late Hon. William H. Seward, Secretary of ~tate, addressed, by direction of President Lincoln, under date of October 14, 1861, to the governors of the several States, inviting their consideration to the subject of the improvement and perfection of the defenses of said States, for the general defense with the request that the subject-matter of said letter be submitted to the consideration of the legislatures of the respective States when they should assemble next after the date of said letter- " has the hono: to lay before the President a copy of the letter described, to the end that if in the opinion of the President not incompatible with the public interests it may b~ communicated to the Senate in response to the aforesaid resolution. ' Respectfully submitted. DEPARTMENT OF STATE, Wasltington, June 14, 1888. [lnclosure with Exhibit No. 12.] T. F. BAYARD. DEPARTMENT OF STATE, Wasll'ington, October 14, 1861. Srn: The present insurrection had not even revealed itself in arms when disloyal citi-zell8 hastened to foreign countries to invoke their intervention for the overthrow of the • • 36 CALIFORNIA, OREGON, AND NEVADA STAT.I<; WAR CLAIMS, Government and the destruction of the Federal Union. These agents are known to have made their appeals to some of the more important states without success. It is not likely, however, thait they will remain content with such refll8als. Indeed it is understood that they are industriously endeavoring to accomplish their disloyal pur-poses by degrees and by indirection. Taking advantage of_the embarrassment'!! of agri-culture, manufacture, and commerce in foreign countries, resulting from the insurrec-tion they have inaugurated at home, they seek_ to involve our common country in controversies with states with which every public interest and every interest of mankind require that it shall remain in relations of peace, amity, and friendship. I am able to state for your satisfaction that the prospect of any such disturbance is now less serious than it has been at any previous period during the course of the insurrection. It is nevertheless necessary now, as it has hitherto been, to take every precaution that is possible to avert the evils of foreign war to be superinduced upon those of civil com-motion winch we are endeavoring to cure. One of the most obvious of such precautions is, that our ports and harbors on the seas and lakes should be put in a condition of com-plete defense, for any nation may be said to voluntarily incur danger in tempestuous seasons when it fails to show that it has sheltered itself on every side from which the storm might possibly come. Th0 measures which the Executive can adopt in this emergency are such only as Congress has sanctioned, and for which it has provided. The President is putting forth the most diligent efforts to execute these measures, and we have the great satisfaction of seeing that these efforts, seconded by the favor, aid, and support of a loyal, patriotic, and self-sacrificing people, are rapidly bringing the military and naval forces of the United States into the highest state of efficiency. But Congress was chiefly absorbed during its recent extra session with those measures, and did not provide as amply as could be wished for the fortification of our sea and lake coasts. In previous wars loyal States have applied themselves by independent and separate activity to support and aid the Federal Government in its arduous responsibilities. The same disposition has been manifested in a degree eminently honorable by all the loyal -States during the present insurrection. In view of this fact, and relying upon the increase and continuance of the same disposition on the part of the loyal States, the. President has directed me to invite your consideration to the subject of the improvement and perfoction of the defenses_ of the State over which you preside, and to ask you to submit the subject to the consid-eration of the legislature when it shall have assembled. Such proceedings by the State would require only a temporary use of its means. _ The expenditures ought to be made the subject of conference with the Federal author-ities. Being thus made with the concurrence of the Government for general defense, there is every reason to believe that Congress would sanction what the State should do, and would provide for its reimbursement. Should these suggestions be accepted, the President will direct proper agents of the Federal Government to confer with you, and to superintend, direct, and conduci the prosecution of the system of defense of your State. I have the honor to be, sir, your obedient servant, His Excellency THOMAS H. HIOKS, Governor of the Stak of Maryl,and. WILLIAM H. SEWARD. (The same to the governors of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania., Delaware, Ohio, Illinois, Michigan, Wisconsin, Minnesota, California, and Oregon.) ExHIBIT No. 13. STATE OF CALIFORNIA, ExECUTIVE DEPARTMENT, Sacramento, November 12. 1861. 'rn: I have the honor to acknowledge the receipt of your communication of the 14th ultimo, inviting my attention to the subject of perfecting the defenses of this State, and requesting me to submit the subject to the consideration of the legislature when it shall be ~ m bled. The request shall be faithfully complied with, and the subject will undoubtedly command, to the extent its magnitude requires, the attention of the next legislature, which convenes on the :first Monday of January, 1862. At this time our de-fenses are wholly inadequate to the protection of the coast and interior of California. The value of our Pacific interests to the Union will justify all the outlay necessary to :en~er their seizure and appropriation by foreign powers impossible. For it is not deal-ing m hy:perbole to affirm that the present and prospective commercial value of our Pt\--CALIFORNIA, OREGON, 0AND NEVADA STATE WAR CLAIM;S. 37 cific empire renders its security as_ important _as one-half the Union; and I may add that the topography of the country 1s such that its safety can be secured bey?,nd ~11 con-tingencies against the attack of any military power that can be' brought agamst it by a complete system of coast defenses. The interior will require but little outlay to assure its protection. I have the honor to be, with great respect, your obedient servant, - JOHN G. DOWNEY, . Governor of California. His.Excellency WILLIAM H. SEWARD, Secretary of State, Washington City EXHIBIT No. 14. CALIFOJtNIA STATE TELEGRAPH COMPANY, Washington, November 18, 1861. To His Excellency Governor DOWNEY: I have the ho~or to request that you forward on the 10th, 20th, and last day of each month to the Adjutant-General of the Army, for the information of this Department, a full report of the condition of the volunteer.recruiting service in your State, setting forth the number of complete recruits for duty, the number nearly completed, the number in process of organization. The names of the commanders of the arm of the service will be specified for each regiment. You are further desired to comply with any request from the Adjutant-General of the Army regardi~g -the movements of troops from your State to al"my in the field, and to regard the same as coming from the Secretary of War. EXHIBIT NO. 15. · SiMON CAMERON, Secretary of War. HEADQUARTERS DEPARTMENT OF PACIFIC, San Francisco, January 11, 1862. SIR: In view of the possibilities of our becoming engaged in a war with a foreign nation, I have called on Colonel De Russy, chief engineer of the United States Army-on this coast, to prepare and submit to these headquarters a plan for defensive field-works to guard the approaches by land to this city. As soon as Colonel De Rossy com-pletes his reconnaissances and fixes upon the points for the execution of the works I shall take great pleasure jn submitting the whole su~ject to the consideration of ydur excellency. In case of a war with a maritime nation the immediate attention of the enemy would most certainly be directed to this city, the great entrepotof our posses-sions on the.Pacific coast. / . To preventJhe ingress of ships ~f war we have the forts at Fort Point and Alcatraz Island with 140 heavy guns now in position. Batteries can be readily thrown up and with such naval force as can be concentrated in the harbor it is believed that thi; city would be safe. The General Government has but a small amount of funds at present available for defensive works on this coast; but I apprehend no embarrassment on this account, not for a moment doubting that the loyal and Union-loving people of Califor:. nia will mo,st cheerfully rec;;pond to any call which may be made on them, whether for men or money, to defend their State from foes without or traitors within. With greart respect, I have the honor to be Your excellency's most obedient servant, ' . , G. WRIGR:r, Bri_qadier.,.General, U. S. Army, commanding. His Excellency LELAND STANFORD, Governor of California. LELAND STANFORD, Governor of California: EXHIBIT No. 16. C.A.LIFORNI,A. STATE TELEGRAPH. COMPANY, , Washington, April 2, 1862-12.30 p. m. 'F~e present aspect of our foreign relations is pacific, but the President remains of the op1mon, heret.ofore so often expressed, that while this civil war actually continues ~y 38 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. foreign aggressions; No important port or portion of the United State, ought tobeleCt exposed. One or two iron-clad steamers at San Francisco would assure its safety at .small expense. W. H. SEWARD. EXHIBIT No. 17. HEADQUARTERS DEPARTMENT OF TEXAS, Galveswn, November 25, 1861. General s. COOPER, . Adjutant and Inspector General, a. 8. A., Richmond, Va.: SIR: I have the honor to inclose herewith, for the information of the Secretary of War, a communication from Lieut .. Col. John R. Baylor, First Regiment Texas Mounted Rifles, informing that California is ontheeve ofarevolution, andrecommendingthat the South-erners in that State be induced to join the Confederate States Army. I have the honor to be, Very respectfully, your obedient servant, P. o. HEBERT, Brigadier-General, P. A., Commanding Department of Texas. Maj. S. B. DA VIS: ~Inclosure with Exhibit No.17.l HEADQUARTERS, DONA ANA, ARIZ., November 2, 1861. SIR: I beg to call your attention to some mat~r of information that may be of service to the Government at this time. California is on the eve of a revolution. There are many Southern men there who would cheerfully join us if they could get to us, and they could come well armed and mounted. I would ask permission to get all such men as choose to join us, and would further ask that some arrangement for the purchase of horses in California be made. I could now buy the best of horses there for less than $50 per head, and there are many Southern men who would sell them for Confederate bonds. Another thing I take the liberty of suggesting is, that a force be placed in western Ari-zona, to watch the landing of United States troops at Guaymas, that they may not pass through Sonora to invade us. A party of Californians have just arrived, and report that there are no troops on the road at this time, but that the United States Government was trying to raise them for the purpose of invasion, and I a~ reliably informed tbattbe Government of Mexico has sent orders to tne governor of Sonora to allow the passage of United States troops through that State, and agents are in Sonora buying corn and sup-plies for United States troops. I have thought proper to furnish you with this informa-tion and leave you to act upon it. Respectfully, JOHN R. BAYLOR, Lieutenant-Colonel, Commanding T. M. R. [Inclosure with Exhibit No. 17.) HEADQUARTERS DEPARTMENT OF THE PACIFIC, San J!Trancisco, Oal., January 31, 1862. Col. J ~ H. CARLETON, Colonel First Regiment of Infantry, California Volunteers: COLO EL: My proposition to the general-in-chief to organize an expedition under your command, to consist of your own regiment, the First Cavalry Regiment, and a light battery, to move from southeastern frontier of this State, was immediately approved at headquarters. The object of the expedition you are fully aware of-the recapture of all of our fo in Arizona.and New Mexico, driving the rebel forces out of that conntqr or capturing them, and opening the southern mail route. Every exertion has been and is still being ~e to provide your command with everything necessary to insnre sue-~• a~d hacl it not been for the unprecedented continuance of the rain, which made it 1mpo ble for the troops or wagons to move, an advance could have been made before thi time. _The light artillery battery,. Company A, Third Artillery, commanded by First Lieutenant hinn, is now at the Presidio, and will be sent to you as soon as the roads ble. Four companies of the cavalry and seven companies oftheFifth Infantry CALI1:'10RN1A, ORtGON, AND NEVADA S'i'ATE WAR CLAIMS. 39 have already been sent to your district. The remainder of the Fifth will be sent down soon. I desire that yon dispose of these troops in the manner you may deem best calculated to preserve the peace and quiet of the district. When you finally advance, t~e com-mand of the dist.rict of southern California will be devolved upon Colonel Bowie or the senior officer then present. . I do not consider it necessary to be more minute in regard to the obJect to be accom-plished or the mode of effecting it. Wit~ the first you are well acquai_nted, and as for the second, I take great ple:1sure in assurmg you that I confi~e everythmg _to your well-known sldH, zeal, and gallantry. I shall take occasion to wnte to you agam before you commence your march and give you all the information possible. Wishing you success, I am, colonel, yours, most truly, G. WRIGHT, Brigadier-General, U. S. Army, Commanding. -EXHIBIT No. 18. California has nobly and wisely pronounced in favor of the cause of the people.- Let her prove her devotion to the Union and to civil liberty by doing all in her power t,9 maintain both. Let her part of the national tax be cheerfully assumed and provision be made for its payment out of the State treasury. Every one of us should feel that we are but guardians, holding our lives and our fortunes in trust for the protection of the Government, around which cluster the anxious hopes and fears oJ millions who have grown with its growth and strengthened with its strength. Our Government is emphatically one of the people, possessing the power of the people for their protection and defense, but powerless for their oppression. It is not only the best, but it is the strongest form of go_vemment the world bas ever known. Let it re-main unchanged. The citizens of California are by birth the representatives of ali ·parts of the Union, and are naturally imbued with more or less of local sympathies. Let us be as tolerant and charitable of opinion as possible, but none should ever for-get that California is one of the United States; that she is loyal to the Union; that her _ citizens have quite recently unmistakably declared their devotion to our national unity, their recognition of the supremacy of the National Government, and their determina-tion to maintain both inviolate. Every citizen of California must remember his duty, and, remembering, discharge it faithfully. His fellow-citizeps are now in the field, armed against traitors and treason, and for the preservation of the Union and the National Government. The whole power of the State should, if necessary, be wielded to encourage, support, and sustain these patriotic citizen,; and their compatriots. Let treason meet a just and speedy punish-ment, and may we soon, as I doubt not we shall, see peace restored to our beloved Union, our institutions more firmly implanted than ever, and sustained by a national sentiment that shall pervade every section of our country. The new administration enters upon the discharge of its duties at a momentous period of our nation's history. I confidently trust there will be concert of action in all the departments of our State government to strengthen the arm of the Federal power, and also in whatever will tend to advance the interest of our State. · EXHIBIT No. 19. No. XXIII.-Ooncurrent Resolution. [Adopted Februry 6, 1862.] Resolved b'l/ the senate, t~e assembly ·con_curr~ng,. That the committee on military affairs be, and they are hereby, rnstructed to mqmre mto and report to their respective houses what additional sea-coast and harbor fortifications, if any, are necessary for the prope; a~d comple~ d~fense of !,he State, and to make-recommendations in connection there-with, that will msure the speedy and efficient construction of any batteries that it may be deemed necessary for the State to erect. _ 40 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. EXHIBIT No. 20. No. XXIV,_:-Concurrent Resolution. [Adopted February 24, 1862.J .Resolved_ by tlie senate, the ·assembly concurring, That the board of war examiners, con-~usting of the adjutant-general, treasurer, and controller of state be, and are hereby requested to communicate to this legislaiture as soon as possible the proceedings of said board, and all facts showing the condition of claims for services in the Indian wars of this State, so far as those matters have been under the control of said board. EXHIBIT No. 21. No. XXXVI.-Ooncurrent Besolutum. [Adopted Februa.~ 25,1862.J Resolved by the senate, the assembly concurring, That the military committees of the two houses, acting jointly, inquire into the present condition of the militia of this State, and, if deemed necessary, report such amendments to the present law as will adapt the system to the exigencies-of the present crisis in the affairs of our country. EXHIBIT No. 22. SEC. 43. The commander-in-chief shall order a public parade of all the organized mili-tia of the State on at least two days of each year; such parades to be held within the limits of the brigade to which such troops respectively belong; and such public parades shall be reviewed by the commander-in-chief, or, in his absence, by the major-general, or by the officer of the brigade of the highest rank present. Immediately after such troops have been reviewed, they shall be inspected by the inspector-general, or, in his absence, by the division or brigade inspector, and such inspecting officer, after a minute inspection of dress and military bearing of the field officers and commissioned staff, and the officers of companies, and arms, accouterments and dress of each soldier, will report the result of such inspection to·his commanding officer: Provided, That in the city and county of San Faancisco the organized militia shall parade at least six times during the year; two parades a.s hereinbefore provided, two by regiments or battalions, and two parades by company, one of which company parades shall be for target practice, the re-sult of which target practice shall be reported to the commanding officer of the brigade: And povided further, That upon occasions of reception, or upon the celebration of any event of public importance, the commanding officer of the brigade shall have authority to order out the organized militia, to join such parade, and the parade so ordered is hereby constituted a legal parade: And povided further, That ~ch and every company of the organized militia of the city and county of San Francisco shall atlSemble at least once in each week for military instruction. In other parts of the State, such companies shall assemble at least once a month for such instruction, and all members who absent themselves from such meetings for instruction, during four consecutive meetings, unless properly excused by the commanding officer of such company, or through absence from the county, or bodily disability, shall be debarred from the exemption of jury duty and poll and road tax, and subject to expulsion from their company. _ * * * * * * * SEC. 9. Section forty-three of the above recited act is hereby amended so as to read as follows: ~tion 43. The commander-in-chief ~hall order a camp of military instruction, t.o continue for ten ~ys, at some central point in this State, in the month of April or May of each year, which shall be attended by all of the commissioned officers, non-comm.is· sioned officers, and non-commissioned staff of the militia of this State the same to be com-manded by the major-general, or, in his absence, by the senior brigadier-general pres· ent. The commander-in-chief shall also order, annually, an encampment, t.o continue not more than ten days, of the organized militia of this State, to be held in the month of September or October of each year, with__in the limits of the brigade to which such CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 41 troops re!';pectiveJy beiong; the troops nttending each camp of instruction and State en-campment 8hall he deemed to be in active service, and shall be reviewed by the co~-mander-in-chief, and in addition to such inspections as may be ordered by the officer m command, $hall be inspected by the inspector-general of the State? on the second and last days of such camp of instruction and encampment: Provided, That in the city and county of San Francisco, the organized militia shall parade at least four times during the year: once by brigade, twice by regiments or battalions, and once by company, which last shall be for target practice; the result of such target practice shall be reported to the com-manding officer of the brigade; And provided further, That upon occasions of receptioq., or upon the celebration of any event of public importance, the commanding officer of the brigade shall have ~uthority to order out the organized militia to join such parade, and the parade so ordered is hereby constituted a legal parade: Provided,further, That each and every company of the organized militia of the city and county of San Francisco shall assemble at least once in each week for military instruction. In other parts of the e:ltate such companies shall assemble at least once a month for such instruction, and all mem-bers who absent themselves from such meetings for instruction during three consecutive meetings, unless excused by the commanding officer of such company, shall be debarred from the exemption of jury duty, and poll and road tax, and subject to expulsion from their company: Provided, . At any other legal parade, that any officer, non-commissioned officer, or private who shall neglect to attend a camp of instruction, or military encamp-ment, as above provided, when legally required to do so, shall be subject toa fine of three dollars for each day's absence from such camp of instruction or pi.ilitary encampment, unless excused in consequence of sickness or absence from the State; such fines may be sued for and recovered in the name of the people, before any justice of the peace of the township in which snch delinquent resides. · [Exhibit No. 22-Continued.] CHAP. CCCLIII.-An act supplementary to an act entitled.An act amendatory of and sup-plementary to an act entitled An act in relation to the Militia of this State, approved .April twenty-fourth, one thousand eight hundred and sixty .. t1w, approved Ap1·il twenty-fifth, one thousand eight hundred and sixty-three. (Approved April 4, 1864.] '.rbe people of the State of California;, represented in senate and assembly, do enact as follows: · SECTION 1. It shall not be necessary for the commander-in-chief to order the en-campment of military instruction or the encampment of the organized militia of this State, as required by the provisions of the act to which this is supplementary, unless in his discretion the same be necessary. SEC. 2. This act shall take effect immediately. EXHIBIT No. 23. Encarnprnents and camps of instruction. In relati?n t~ these subjects I can not 10 better than to call your attention to rec-om°:1endat!~n~ m my_former reports relative to_anuual ?rigade encampmentsoithe or-gamzed IDJlitia of this State, _and to camps of mstruct1on, to refer your excellency to correspondence upon the subJect between Lieut. J. L. Browne of the Auburn Greys aud myselt~ which is herewith annexed: ' ' AUBURN, PLACER COUNTY, . September 22, 1861. Hon. J. G. DOWNEY: Srn: Mr. Bull?ck a1;td myself cal~ed at your office one day last week, wishing to have some conve~s:3i~10n with you relative to a camp of instruction for the benefit of the volunteer m1ht1a and such other patriotic citizens of the State as would were they satisfied of their competency, enlist in the service of their country. ' Like many other patri~tic c~tize?s yo~ are undoubtedly somewhat disappointed at the backwardne.s~ ~f Cahforruans m fillmg up the various companies and regiments now under requ1S1t_10n .. From my own observation I am satisfied that the principal cause c~n _be expJarned m a very few words, and in doing so I do not design to reflect on patr1ot1c men, but to assert a general reason . . Man~ of the me~ who ~ere in a situation to enable them to do so, on the requisi-t10n berng made, 1mmed1ately opened recruiting stations and formed their plans to 42 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS . .fill up companies, were men in whom the community in general had not much confi. dence; some would doubt their competency, others their fitness, more, their known lack of experience or military education of any kind. Consequently, after picking np the :floating population, whom any one could enlist, they find that their efforts have come to ~ stand; and when they appeal to that part of the community who are .fixed and have something to leave, their work is slow, and the closing up of their work does not keep pace with the promise of the commencement. In various and many instances, such men, starting companies in various localities or communitie deter others who have first to look to their business matters and satisfy their ow~ minds that the call of their country demands the sacrifices necessary for them to make to give up their occupations and enlist for their country's sake. These men, coming slower to the conclusion, would find the field already occupied, and could easily per-suade themselves that the time for them was not yet. In every case such men would have filled up companies and called around them a reliable and substantial class of the community much quicker than mere adventurers can, and the reputation of the State be increased in a p:i;oportionate ratio. Another thing which I feel has kept many good men from the field at this time, is their doubt of passing the necessary examination before the military board, even after they had abandoned their business or lucrative situations and gone to the ex-pense and trouble of filling up companies. .I know many who hesitate. thus to lose • good business and valuable situations for the risk and mortification of being finally thrown out. They w4>uld and could find time to spend weeks or months in a camp of instruction, from which they could go with a confidence and knowledge of what would be required of them. They would go out in the confidence that should they succeed in forming companies, and by their action be placed in responsiblepoi:1itions, they possessed the requisite knowledge to perform their duties in a creditable man-ner; and in case of another requisition, companies would be formed more expedi-tiously and. more to the credit and honor of the State than at present. The present movement in almost every town in the State to form companies of home guards is proof of this. There i~ not at present a prospective organization of home guards but would furnish more or less candidates for instruction if the facility was extended to them; and then men returning to their homes, imbued with the proper military knowledge and confidence, would impart more or less of it to their organizations, and thus would be accomplished just the result sought. to the great honor and reputation of the State-"a thorough and c.orrect organization of the volunteer militia oftbe State." Accompanying this, I give a rough and crude outline of my ideas of such a camp. No doubt those experienced would find but little difficulty in maturing a plan. This fall the people of Placer County deemed ·me more fit t<;> stay at home than rep-resent them in the legislature; but when I am satisfied the country needs my services I shall not hesitate, and I will endeavor to be prepared. Respectfully, yours, J. L. BROWNE. (Exhibit No. 23-Continued,] Memo1·andum-Camp of instruction. That there be established at some suitable place, under competent instructors,_an encampment, to be termed "A camp of irn,truction," for the practice and instruction of such part of the volunteer militia of the State as may desire it; where skeleton companies, or such members of the various volunteer and home-guard organizations as may be detailed by the sevaral companies with the advice and consent of t._he comma~der-in-chief, shall be put on a course of drill and instruction, by compam~s and regiments, and all the details of the camp necessary to be known by office~s .m active service. Parties so detailed, and availing themselves of the benefits ofthism-struction, pledging themselves ·to promptly respond to any requisition that may be made on the State. Those who acquit themselves to the satisfaction of the com-mandant, to receive frQm the commander-in-chief or adjutant-general proper cer-tificates of competency. [Exhibit No. 23-Contlnued,] STA.TE OF CALIFORNIA, HEADQUARTERS MILITIA, OFFICE ADJUTANT-GENERAL, Sacramento, October 9, 1861. SIR: Yours of the 22d ultimo, addressed to his excellency the commander-in-chief, relative to the necessity of establishing camps of military instruction has just been handed me for reply. I fully concur with you in the premises laid down, and in your conclusions of result. The plan suggested is a desideratum for which I have been laboring for years past, having almost annually called the attention of our legisla-tor to this subject. I have repeatedly recommended annual encampments of our CALlFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 48 militia and attempted to set forth sollle of the benefits to be derived therefrom. I have shown, by actual returns, that out of the 25,000, the estimate of_ our losses _in the Mexican war, only 5,000 actually fell in battlei and upon the auth?rity of official papers of the Mexican Government, out of 50,000 ost only 10,00~ fell m batt-le; thus proving that, even in one of the most equable and temperate climates on the ~lobe, and in the absence of any devastating epid~mic, the most frightful c~use of disease and death, in both armies, arose from a want of know ledge of camp duties. The army troops, being under regular and systemati~ discipline, protected by a knowl~dge of the economy ·of camp life, became gradually mured to the absence of conventional com-forts, and are prepared to do good service in the field, and retain health. On the other .,, hand, the ranks of the volunteers engaged in that war, although they ha~ the same equipage, were greatly thinned by fell disease before they had an opportumty of c~n-flict with the opposing foe. What was to the regular troops only a change of ~ab1ta-tion, simply requiring care and attention, was to the other a fruitful source of distress and inconvenience. Cleanliness, a 11uitable health police, and a thousand matters of good order, essential to the preservation of health, are the result of mere theory, but must be acquired by experience in service. Take a citizen from his fireside and place him in the active field, without previous instruction, and he will make a sad contrast with the well-disciplined soldier. Take a citizen soldier, and accustom him, by an easy and pleasing transition, to the duties on t_he field, and, should his services be sud-denly required in a more extended military sphere, his experience will enable him to contend with exposure and hardship, which otherwise would operate as a serious drawback. ,,... Let us, then, habituate our citizen soldiers, by a system of in~truction, to their 4u-ties in this respect, and give them an anticipation of, and, to a great extent, a .safe-guard against the vicissitudes of actual service, and the result must be highly bene-ficial. Look at many of the volunteers as they returned from the battle-fields of Mexico, ( men, for the most part, in the very prime of life) with emaciated forms and shatttered constitutions, borne down under the influence ofan inexorable conquerer, and know, at the same time, that they unflinchingly and fearlessly encountered all the dangers which assailed them, and say if this is not an appeal to our sympathies, and if it does not add to the testimony that lack of experience and a knowledge of the duties of camp life have grnatly contributed to bring about this result Y If, then, such are the results of onr experience in warfare, can we not be taught by that experience lessons of real utility, and make ail effort to remove at once this most fruitful of all sources of the casualties of war, by fitting our officers, at least, or those who may be called upon to command, for service, by actual duties in camp Y · If these camps of instruction could be established under proper auspices, the . amount of benefit that would arise therefrom cannot be computed. But I regret to say, that no provisio::i has been made to pay any portion of the expenses which would be iucurreTGTON, January 20, 1863. Secretary of War gives authority to raise four companies native cavalry in Loa Angeles distriot. Official copy. THOMAS M. VINCE>IT, A.1Bistant .Adjutant-General. G. WRIGHT, Brigadier-General of ..4.rniy. CALIFORNIA, OREGON, AND NEVADA STA.TE WAR CL.AIMS. 45 EXHIBIT No. 27. HEADQUARTERS DEPARTMENT OF THE PACIFIC, San Francisco, January 21, 1863. H:is E xcellency LELAND 8TANP0RD, Governor of California, Sacramento: SIR: After a careful consideration of the Indian difficulties in the district of Hum-boldt, comprising t,he northwesteru counties of this S~ate, al!d ~eeming ~tf~r the best interests of the Government 1hat volunteer troops raised w1thm the district should 1., e employed against tho hostile Indians, I have, by virtue of authority vested in me by the War Dopa.rt men t, l'espectfu lly to request that your excellency may be _pleased to organize within said district four companies of fofantry to be musteregjnto the service of t,he United States. My design is to retain three companies in service only so long as our difficulties in the district may render neces::-ary. Should your excellency respond. favorably to this request., I will designate an officer of the regular Army to muster m the compa-nies at such points as may be convenient for their orgaiwization. Each compniny will consist of one captain, one first lieutenant, one second lieuten-ant, four !lergeants, eight corporals, two musicians and sixty-four to eighty privates. Very respectfully, I have t,he honor to be, your excellency's obedient servant, GEO. WRIGHT, _ Brigadier-General of .Army. P. EXHIBIT No. 28. HEADQUARTERS DEPARTMENT OF THE PACIFIC, Sacramento, February 5, 1863. Sm: Having received authority from the Senretary of War, under date of Decem-ber 2, 1862, to raise in this State a regiment of infantry and seven companies of cav-alry, and at a later date authority from the same source to raise four companies of native r.avalry, which authority I have prevh;usly communicated to your excellency, I have to request that the troops called for may be organized and officered as soon as practicable, when an officer of the regular Army 'will be appointed to muster them into service. With great respect;, I have the honor to be, your excellency's obedient servant, , G. WRIGHT, His Exoellency LELAND STANl!'ORD, Goveruor of California, Sacramento. Brigadier-General U. S • .Army. EXIDBIT No. 29. Proclamation. EXECUTIVE DEPARTMENT, Sacramento, February 5, 1863. Whereas I have this day received a requisition from Brig.--Gen. George Wright, commanding the Department of the Pacific of the U. S. Army (the same having been made by the aut,hority of the War Department), for one regiment of infantry additional, and seven companies of cavalry to fill the First Cavalry to the maximum standard of a regiment of cavalry; also, four companies of native California Cavalry all to serve for a period of three years, unless soocer discharged the service, to aid i~ the enforcement of the laws and the suppressjon of insurrection: Therefore the fol-lowing ia promulgated : · ' ):'he plan of the organization of the above force will be as follows: The fie~d, staff, and line officers required will lie commissioned by the governor. One-thud of the company officers to be raised under this requisition will be com-mission~~ at the comru_encement of ~he organization of the regiment of infantry and the add1t10nal comparnes and battalion of cavalry, and the remainder when the inter-ests of t,he service may require. The additional regiment of infantry will be dellomio~ted the Sixth Infantry Cali-fornia, Volunteers, 46 CALIFORNIA, OREGON, AND NEVApA STATE WAR CLAIMS. The seven cavalry companies first mentioned will be attached to the First Cavalry California Volunteers. The four companies of native cavalry will be organized as a battalion, and bed ig-nated as the First Battalion Native California Cavalry. The minimum and maximum strength of a regiment of infantry and of a company of infantry and cavalry is hereunto appended. Now, therefore, I, Leland Stanford, governor of the State of California, do herebv authorize and. call upon citizens of this State, as many as shall be necessary to fill up the preceding requisition, to immediately organize themselves into companies as required hereby. In witness whereof I have set my hand and caused the great seal of the Stat~ to be affixed. Done at Sacramento, California, this fifth day of February, in the year of our Lord one thousand eight hundred and sixty-three. [SEAL,] LELAND STANFORD, Attest: Go-vernor. WILLIAM H. WEEKS, Secretary of State. By A. A.H. TUTTLE, Deputy. EXHIBIT No. 30. Proclamation. EXECUTIVE DEPARTMENT, Sacramento, February 7, 1863. Whereas Brig. Gen. George Wright, of the United States Army, commandin~ the Department of the Pacific, has called upon me for a battalion of six companies of troops (infantry) for special service against the Indians in the Humboldt district, in this State, to serve until discharged by him: Now, therefore, I, Leland Stanford, governor of the State of California and com-mander-in-chief of -the militia thereof, do call upon the citizens of the frontier coun-ties of Humboldt, Mendocino, Trinity, Klamath, Siskiyou, and Del Norte, of this State, as many as shall be necessary to fill up the foregoing requisition, to organize themselves into companies to be mustered into the service of the United States as hereby required. 'l'he requisite officers of this force will be commissioned by the governor. Done at Sacramento, Cal., this seventh day of February, in the year of our Lord one thousand eight hundred and sixty-three. [SEAL,] LELAND STANFORD, Governor. Attest: WM. H. WEEKS, Secretary of Stat,. By A. A. H. TUTTLE, Deputy. EXHIBIT No. 31. No. III.-Conourrent resolution. [Adopt.ed Maroh 10, 1863.J Be it resolved by the senate, the assembly concurring, That our Senators in Congress be instructed and our Representatives requested to impress upon the Executive the necessity which exists of having officers and soldiers of the U. S. Army, officers, sea-men, and marines of the U. S. Navy, and all citizens employee in the service of the Gov roment of the United States, servin~ west of the Rocky Mountains and on the Pacific coast, paid their salaries and pay m gold and silver cuITency of the United tates : Pro ideil, The same be paid in as revenue on this coast. Be it ruolved, That these resolution be, without delay, telegraphed by the governor of this tate to our delegation in Congress, in order that immediate action may be had upon the same. CALH'.ORNIA, OREGON,. AND NEVADA STATE WAR CLAIMS. 47 EXHIBIT No. 32. C.e AP. CLXXXVII.-.An act to assist infllli11g 1,11 the regiments of Oaliforn-ia Vol'linteers; and to aid certain ojjiceJrs for that purpose. [.Approved April 10, 1863.) The people of the State of California, represented in senate and assembly; do enact as follows: SECTION 1. The suru of twenty-four thousand two hundred and sixty dollars of the moneys now in the State treasury arising from the exchange of gold for lega~ tender notes iu the payment by the State treasurer of Federal war tax assessed aga11!s~ the State of California, be, and the same are hereby, placed in the treasury as a "military recruiting fund." SEC. 2. The following sums are hereby appropriated to the recruiting of volunteers in this State, in the following proportion, viz: The sum of six thousand two hundred and eighty-nine dollars and sixty cents is appropriated to the seven companies of the .First Uavalry California Volunteers; the sum of eight thousand, nine hundred and eighty-five dollars and fifteen cents is appropriated to the Sixth Regiment of Infantry, California Volunteers; the sum of five thousand three hundred and ninety-one dol-lars and nine cents is appropriated to tho First Battalion Mountaineers, California Volunteers; and the sum of three thousand five hundred and ninety-four dollars and sixteen cents is appropriated to the.four companies Native California Cavalry. SEC. 0. The said sum of money shall be applied exclusively to defray the expenses of recruiting, and the traveling and other necessary expenses of the recruiting offi-cers of the companies of said volunteers, in the following proportion, to wit : to each comvany, the sum of $898.51. · · SEC. 4. The controller is hereby directed to draw his warrants on the State treas-urer for the amounts--herein specified, in favor of the colonel or other commanding officer of the regiment or battalion, for .the amounts above specified, on the special fund herein designated, and the treasurer of State is hereby authorized and required to pay said warrants to the said colonel or other commanding officer of the regiment or battalion, who is hereby constituted the disbursing officer of said funds. . SEC. 5. The said disbursing officers will distribute the funds in their hands in the proportion of $898.Gl to the commissioned officers in each company, in the following proportion, to wit: the sum of $498.51 to each captain, and the sum of $~00 to each lieutenant, at the time and in the manner designated in the next section of this act. ' SEC. 6. 'l'he said recruHing officers shall produce duplicate vouchers, duly sworn te, of the necessary traveling ex™3nses and subsistence of their recruits previous to being forwarded io the general rendezvous, and all necessary incidental expenses, and forward the same to the said disbursing officer, together with his certificate that the same is true and correct, and that the items of expenses therein stated have been necessarily incurred; and the said disbursing officer, if he finds the same to be cor-rect, and that the items for expenses therein stated have been necessarily incurred shall forward one copy of said voucher to the adjutant-general of the State of Cali~ fomia, and shall retain the other as his receipt or voucher for the amount al1owed and shall pay over to said recruiting officers the amount so allowed. ' SEC. 7. This act shalJ take _effect from and after its passage. EXHIBIT No. 33. CHAP. CCCXVIII.-An act to appropriate fun!,s for the defense of the Ste~. [Approved April 25, 1863.) The people of the State of California, represented in senate and assembly, do en--act as follows : SECTION 1. For the purpose of placing this State in a more efficient state of defense ~gains_t foreign or internal foes, the sum of $100,000 is hereby appropriated from any funds m the State treasury not otherwise appropriated, 'to be disposed of as follows• To each regiment existing in the Second Brigade, Califo;-nia State Militia the su~ Of $10,000, I ' To the light battery of the Second Brigade, California State }\'Iilitia, the sum of ., $3,000. , . 48 CALIFORNIA, OREGON, AND NEVADA -ST~TE WAR CLAIMS To the three cavalry companies of the Second Brigade, California State Militia., the sum of $2,000 each. To each company of infantry now organized, or which shall be organized witbm sixty days after the passage of this act, consisting of fifty rank. and file, and in th same ratio to a greater or smaller number of the First, Th1rd,Fourtb, Fifth, and Six1h Brigades, and to each company unattached to regiments of the Second Brigade, and not above enumerated, the sum of $1,000. . To each cavalry company of the First, Third, Fourth, Fifth, and Sixth Brigad68, now organized, or which shall be organized within sixty days after the passage of this act, and to each additional cavalry company which may be organized in 1he Second Brigade within sixty days after the passage of ,this act, $1~1000. SEC. 2. The moneys hereby appropriated shall be e.xpended in equipping for service the men comprising or which may hereafter comprise the said regiment batteries, and companies of the organized militia of this State, under the direction and superm. tendence of the following officers, viz : For the three regiments, light battery, cavalry companies, and companies unat-tached, of the Second Brigade, the governor, and major-general of this S~ate, and the brigadier-general of the Second Brigade. l<'or each company of the First Brigade, the governor, and adjutant-general of this -State, and the brigadier-general of the First Brigade. For the. companies of the Third Brigade, the governor, and adjutant-general of thig State, and the bri~adier-general of the Third Brigade. For the compames of the Fourth Brigade, the governor, and the adjutant-general of the State, and the brigadier-general of t,he Fourth Brigade. For the Fifth Brigade, the governor, and adjutant-general of the State, and the brigadier-general of the Fifth Brigade. For the Sixth Brigade, the governor, and adjutant-general of the State. and the brigadier-general of the Sixth Brigade. _ SEC. 3. All articles for military purposes purchased under the provisions of this act shall be receipted for and held as the property of the State of California, and shall be subject, at all times, to the inspection of the legislature, the governor, and the adjutant-general, and may, upon the order of the governor, be withdrawn from the use and custody of the troops whenever misapplied1 or whenever the same shall not be kept in proper order for military uses. Such bonds as shall be required by the governor of this state for the safe-keeping and return of the military property pur-chased under the provisions of this act, shall be given by officers receiving the sam~, to be approved by the governor, and filed in the office of the adjutant-general of this State. SEC. 4. The controller of State is hereby authorized and required to draw his war-rants for the sum of money herein appropriated to each Brigade, in favor of the offi-cers named in this act, to disburse the same under the provisions of this act, upon the written certificate of the adjutant-general that the same is due and payable out of the moneys herein appropriated, and the treasurer of State is hereby required to pay the same, when there is money in the treasury for that purpose. SEC. 5. The board of supervisors of the city and county of San Francisco are here-by authorized and empowered to advance, out of the general fund of said city an_d county of San Francisco, the sum of money herein appropriated for the three re~1-ments, light battery, and three cavalry companies, and also for any other compames which may be organized in said city and county of San Francisco, and be entitled to the benefits of this act, and to receive the warrants of the controller, hereinbefore provided, for the troops named in this section; and in case the said board of super-visors shall advan. CCCCXIV.-Anactfor the relief of the enlisted men of the California Volunteer, . in the service of the United States. (Approved April 27, 1863.J The people of the State of California, represented in senate and assembly, do en-act as follows: · SECTION 1. A sum not exceeding $600,000 is hereby approprjated and set aside to constit.ute a separate fund, to be known _as the" Soldiers' ~elief Fun~,"fo~ the pur-pose of paying a compensation to th~ soldiers of t!:10 compames o.f 9aliform_a V?lun-teers raised in this State for the service oft be Umted States, to aid m repellmg mva-sion, suppressing insurrection, enforcing the Iavys, and protecting:th~ :p~blic prop~_y, in addition to the pay allowed them by the Umted States. All 1Jab1hties created by this act shall be paid out of said fund. . SEC. 2. There shall be paid out of the fund created and set apart by the first se.c-tion of this act to each and every enlisted soldier of the companies of California Vol-unteers raised, or hereafter to be raised in this Statefortheservice of the United States to aid in repelling invasion, suppressing insurrection, enforcing the laws, and preserv-ing and protecting the public property, from the time of their enlistment to the ti me of their discharge, the sum of $5 per month; Provided,, That this pro,ision shall not apply to any soldier who may J:>e drafted or enlisted as a substitute for any per-son drafted into the service of the United States. SEC. 3. No money shall be drawn out of the" Soldiers' Relief Fund," herein pro-vided for, except as is provided for in section 4 of this act. SEC. 4. The captains or commanding officers of companies of California Volun-teers shall, after each and every muster, file in the office of the adjutant-general of this State a complete muster-roll (duly certified) of their companies, from the date of their enlistment, noting desrrtions, discharges, and dismissals, and stating the causes of such discharges and dismissals from the service. No non-commissioned officer or private shall be entitled to the benefit of this act who shall not obtain an honora-ble discharge from the service, and no money shall be drawn from the fund hereby authorized and set apart until be has been honorably discharged the service: P1·0-vided, however, That the monthly amount hereby appropriated may be drawn by such enlisted married men as have families depending upon them for support, who shall have power to allot the whole or a portion of the. same for the support of their fam-iJies. The amount of pay thus allotted shall be paid to the person to whom the same is legally allotted, upon the following cert,ificate of the adjutant-general of the State ( with seal of office attached) b0eing indorsecl thereon, namely : '' I hereby certify that --- is a --in Company-, -- Regiment California Volunteers, --- and that he is entitled to the benefit of the act entitled •An act for the relief of the enlisted men of the California, Volunteers in the service of the United States,' approved April -, 1863, and Lhat this allotment is made according to law." After the term of enlist-ment shall have been served, or an honorable discharge granted to any enlisted man, a certified copy of bis final statement shall be (;ransmitted to the adjutant-general of this state, who shall certify on the back of the same the amount due under this act to the person discharged, and the comptroller shall draw his warrant upon the treas-urer of state for the amount so certified, payable out of the fund hereby created: Provided, That in case a volunteer be discharged for disability that existed at the time of his enlistment he shall not be entitled to the benefit. of this act. SEC. 5. To enable all concerned to avail themselves of the ,benefits of this act muster-out rolls of the respective companies of California Volunteers shall be duly filed in the adjutant-general's office of this State, and a certified copy thereof filed in the office of the comptroller of state. SEC, 6. For the purpose of carrying into effect the provisions of this act and pro-viding for the fund created by section 1 of this act, the treasurer of th~ State of California shall cause to be prepared bonds of the State-, to the amount of $600 000 in sums of $500 each, re(reemable at the office of the treasurer of the State on the '1st day of July, 1883. The said bonds shall bear interes,t, payable semi-annu~lly at the rate of 7 per cent. per year from the date of their issue, which interest shall\e due and payable at the office of the treasurer of state on the 1st days of January and Joly of each year: Provided, That the first payment of interest shall not be made sooner than the 1st day of January, 1864. 'l'he said bonds shall be signed by the governor, and countersigned by the comptroller, and indorsed by the treasurer of state, and shall have the seal of State affixed thereto. And such bonds shall be issued from time to time '.18 they may be required for use. The expense of preparing such bonds shall be audited as a claim against the " soldiers' relief fund," created by this act. . S. Ex. 2-10 50 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. SEC. 7, Coupons for the interest shall be .attached to each bond, consecutivelv numbered, and signed by the treasurer of state, and it shall be the duty of the com~ troller and treasurer of the State, each, to keep a separate record of -all such bonds as may be issued, showing the number, date, and amount of each bond, and to whom the same was issued. SEC. 8. All demands· against the soldiers' relief fund shall l,e audited by the board of State examiners, in like manner as other claims against the State arc or may be directed to be audited. SEC. ·9, The treasurer of state shall sell and dispose of said bonds for gold and silver coin of the United States, from time to time, as may be necessary to provide for the payment of liabilities" against the said soldiers' relief fund, in the following man-ner: He shall publish notice for thirty days in two daily papers of the city of Sac-ramento, and in two dai).v papers of the city of San Francisco, inviting sealed proposals for the purchase of said bonds ; the notice to state the time and place of receiving bids, the amount of bonds to be disposed of, and that no bids will be received for the purchase of a less sum than $2,0001 nor for a greater rate of discount than 15 cents on the dollar of the par value thereot, and that the payment,s for the same must be made in gold and silver coin of the United States. Parties proposing to purchase bonds offered as aforesaid must state, in writing, the amount they propose to purchase, and the raL,e per cent. they are willing to pay in gold and silver coin as aforesaid; each proposal to be accompanied with a responsible guaranty that the bidder will take the amount of bonds proposed and pay for the same on delivery of the bonds,if his bid is accepted, in accordance with the terms of his bid. No bids shall be re-ceived for a less sum than $2,000, nor for any fractional part thereof, and the s::.id bonds shall not be sold or negotiated by the treasurer at a greater discount than 15 cents on the dollar of the- pa,r value thereof. The treasurer shall, immedi-ately upon the closing of said bids, or as soon thereafter as convenient, open the whole of the bids or proposals in the presence of the governor and comptroller, and the governor, comptroller, and treasurer shall proceed to consider such pro-posals, and shall accept such as propose to purchase the said bonds for the smallest discount, such discount not, in any case, to be greater than herein before limited. Upon the acceptance of any bid, and notification by the treasurer to the bidder, such bidder shall forthwith pay to the treasurer to the amount of the purchase money for the bonds proposed to be purchased, in gold and silver coin of the United States; upon receiving the same the treasurer shall deliver to such purchaser the bonds ~o purchased. All moneys received by th.e treasurer· from the sale o~ bonds_ as her~m proposed shall be placed by the treasurer tu the credit of the said soldiers' relief fund. SEC. 10. If any bidder whose bid shall be accepted shall fail to pay the money and accept the bonds, as provided in the last }}receding section, he shall forfeit all right to his bid, and shall, with his guaranties, be liable to an action by the treasurer of state for the benefit of said fund, for any damages resulting from such failure to comply with the conditions of his bid in accepting the bonds and paying o,er the purchase money. SEC. 11. For the payment of the principal and interest of the bonds issued under this act there shall be levied and collected annually, until the final payment or re-demption of the same, and in the same manner as other State revenue is or may be directed by law to be levied and collected, a tax of 2 cents for the year A. D. 1863, and annually thereafter, 4 cents on each $100 of taxable property in the State, in addition to the taxes for general State purposei,, and the fund derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds herein provided for, and the final redemption of the principal of said bonds; and the faith of the State of California is hereby pledged for the payment of the bonds is-sued by virtue of this act, and the interest thereon, and if necessary, to provide other and ample means for the payment thereof. SEC. 12. Whenever, on the 1st day of January or July, 1864, or upon the 1st day of January or July in any subsequent year, there shall remain a surplus, after the payment of the interest as herein before provided, of $10,000 or more, in the fund er ate~ b~ the eleventh section of this act, it shall be thery of the present war is written. The army troops being under regular and systematic disci-pline, protected by a knowledge of the economy of camp life, became gradually inured to the absence of conventional customs, and were prepared to do good service in the field and retain their health. On the other hand, the ranks of the volunteers engaged in that war, although they had the same equipage, were greatly thinned by fe11 disease before they had an opportunity of conflict with the opposing foe. ·what -w:as to j;he regular troops only a change of habitation, simply requiring care and at-tention; was to the other a frightful source of distress and inconvenience. Clean-liness, a ilUit3'.ble health policy, and a thousand matters of good order, essential to the preservation of health, are the results of theory, but must be acquired by ex-Derience in service. Take a citizen from his fireside and place him in the active field without previous instruction, and he will make a sad contrast with the well-disci-p_li?ed soldier. ~fake a citizen-soldier and a~custo~1him by an easy and pleasing tran-s1t1on to th~ ~utrns on the fi~ld, and ~hould ~is serv1ces ~e suddenly required in a more extended m~htary_ sphere, h1~ experience will enable ~1m to contend with exposure and hardsh1-,. whLCh otherwrne would operate as a serious drawback. Let us then habituate our citizen soldiers, by a system of instruction, to their duties in this re: spect: ~n~ give them ~n an_tic_ipation of, and to a great extent a safeguard against, the v1c1ss1tudes ~f ~ct~ ve serv10e, a~d t~e result must be highly beneficial. The faults of d1sc1plme and_ orgamzat10n among our troops developed in the present war d~monstrate the ~ecess1ty of i~portant improvement in our military establish-ment, m order to plac~ 1t on the f~otmg which the power and position of our country demand. The case cited above, and the losses and sufferings experienced in men 56 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. dll!ing the e~r!y pa~t of the Crimoan war among ~he British t_roops, which wer 80 -pamftilly exh1b1ted m the reports. of the comm1ss10n~rs appomted to inquire into them, afford an argumen~ concl~s1ve as to the establ~shment o_f1these camps. En-campments and camps of mstruct1on should therefore be formed, m which officers and ~en may be exercised in ma1;1~uvers of large bodies of troo~s. As at present organ-1zed there are few opportumties for our officers and soldiers to acquire practical knowledge of the conduct of field operations on a large scale or the various resources of preserving their individual efficiency in campaign. A liberal appropriation should be made for these purposes, and the law so amended as to require the establishment of annual encampments and camps of instruction upon a proper basis. • • • • rts, each capable of delivering a shot every sec?nd._ The e_ssen-t1al idea of a revolvmg tower is, that every gun colllmands every pomt m the circle. In our pr~sent land fortifications only a fifth of the guns can be used with effect at any one time. If, then, towers could be built at the Golden Gate, and the other ap-pro~ches to the city fortified, upon the plan already adopted by the Government, the navies of the world could he kept out of that harbor. I would, therefore, most re-pectfolly recommend that Congress should be memorialized upon this subject, that prompt steps be taken for the comp]ete defense of our principal harbor. ff If .. .,. r P rl h rge ble to the General Government. The War Department requir a CALIFOR IA, OREGON, A D NEVADA STATE WAR CLAIMS. 57 monthly d tailed returns of the troops in the service of the United St~tes raised in Ualifornia. to be made up in this 0ftice, properly certified and transm1t_ted. These returns, and many others specially called for, have been promptly mad~ up and f the patriotic ef-forts of our soldiers, relieve many of their families from actual destitution and want, and hold out a. fitting encouragement for honorable service. While our troops have been organized and sent forth to duty, I have giv.en much care and attention to the descriptive rolls of companies and regiments, causmg them to be made out carefully and deposited in this office. We have, tl:ierefore, t_he name, residence at the time of enlistment, age, place of nativity, and name and residence of nearest friend, of nearly every every man from this State in the volunteer service. I have had the duty of an obituary correspondence with the relatives of deceased soldiers almost weekly during the past year. To the brave men who have gone forth to end_nre the hardships of military service, and, if necessary, to meet the ordeal of dee.th m defense of law and liberty, the State will ever be grateful. Cal'Ung for volunteers. Under section 8 of the Constitution Congress has power "to provide for organ-izing, arming, and disciplining the militia, and for governing such part of them as may he employed in the service of the United States, reserving to the States, respect-ively, the appointment of the officers and the authority of training the militia ac-cording to the iliscipline prescribed b.v Congress;" also "to provide for calling fo~th the. militia to execute the laws of the Union, suppress insurrection, and repel m-vasion." The act of Congress of J nly 22, 1 61, calling out five hundred thousand voluntee , is in accordance with this section of the Constitution, and has, in all cases, been o conceded. CALIFORNIA, OREGON, AND NRVADA STATE WAR CLAIMS. 59 stri •t anu uniform recouuition of these functions on the part of the Gover.nment would prevent perplexity a1;d promote the public service. It should be insisted_up~>n, therefore in future that for all levies of volunteers from this State formal requ1s1t1on be made ~n the governor. If this rule is not observed it may tend to create a. sus-picion and jealou y of the Federal power. Such a result shoulu be guarded agamst, for it mi,.,.ht impair tllat fcelino· of mutual confidence which has enabled the Govern-ment to draw from the loyal States nearly a million and a half of volunteers. A pJau which has ucen so successful should not be changed on light gro~nd~, a~d a disposition to ignore tl10 State authorities, of which there hav~ been some 1nd1ca~1?ns in late orders, should be met by a respectful protest, and, if necessary, by pos1t1ve legislation. California stands prepared in the fotnre, as in the past, to support the Government to the fullest extent of her resources, in men and meanlil.; but if her efforts are to be rendered effective in t,he greatest degree, the well defined rules heretofore practic~d in the raising of troops L>y voluntary enlistment should be applied in this State, m all cases. The act of Congress referred to requires the President to issue his proclamation, or make requisition for the troops required, notiug the States from which the same are to be furnished, according to the Federal population. To the Government, then, clearly belongs the right of determining the number of volunteers to be organized in ea(!h State. But the duty of organizing such troops as may bo called for by requisition of the President, of appointing their officers, and of turning them over to tile Government service, properly rests with the authorities of the several States. If troops should be required from this State for active service at the seat of war, the.y can he promptly raised, to the number of twenty thousand or mor~, bat they should go as California regiments, and California should have the honor and the credit of their services upon the field of battle, for they will become distinguished for sol-dierly bearing and gallantry wherever they meet the common foe. We can easily spare the regiments already organized for the seat of war, and promptly fHl their places, if required, with the most eftective troops, and it would seem a matter of jus-tice that this course should be pursued. Certainly the men who so promptly volun-teered to make up the California Contingent, reg3rdless of personal s,,crifices, or the fact that it was a matter of doubt whether they would ever have an opportunity for service beyond the limits of California, are entitled to go to the seat of war, if any troops should be called for from this State. It is to be hoped, therefore, that no more organizations, to be attached to troops of other States, will be permitted to be made up here. . · EXHIBIT 35 . .Anm,al report of the adj-utant-general of the State of California for the year 1863. ANNUAL REPORT. GENERAL HEADQUARTERS, ADJUTANT-GENERAL'S OFFICE, Sacramento, December 3, 1863. To his excellency, LELAND STANFORD, Governor of California: SIR: I have the honor to transmit herewith the annual report of this department for 1863. I am, sir, very respectfully, your obedient servant, tExbibit No. 35-continued.J REPORT. WM. C. KIBBE, Adjutant-Geneml. STATE OF CALIFORNIA, ADJUTANT-GENERAL'S OFFICE Sacramento, December 3,11863. To his excellency, LELAND STANFORD, Governor of the State of California: SIR: In accordauce with the requirements of the laws of the State and of Congress I have the honor to submit the following report of the organization, strength, and , ' 60 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. condition of the militia of the State of California and of her volunteers now fo the service of the United States: -The time and the occasion seem proper, in complying with the Jaw which requires me to submit an annual report, to accompa,ny it with a few remarks such as aresaO'-gested by the disturbed nature of home relations. ' 0 It has her~tofor~ been the _policy of our National Government not only to cultivate terms of amity with all foreign 11owers, but to secure to the States respectively a tranquillity so profound and healthful that it gave promise of being perpetual. 'i'he sciences, agriculture, commerce, and the mechanic arts were our boast and chief pursuit. They were nurtur~d as the grand basis upon which an intellectual people hoped to erect an empire of future permanent greatness. There was "neither war nor rumors of war," and the tide of affairs floated on as peacefully as if no obstacle could impede i~s course~ u?til i~ mingled _its w:i,ters in a vast ocean of human happi-ness. In the midst of this 1magmed security, chscord hurled the appfo of contention, States became refractory, and the Government embroiled. Our firesides were invaded by tales of bloodshed, where formerly hacl entered only the boasts of fraternal affec-tion; and with these stories came a warning voice, also, which admonished us to look to our own immediate condition, and prepare against the hour of calamity. Our attention then was for the first time aroused; and now, on looking around us, we are not only alarmed at the comparative helplessness of our condition, but surprised that we had not previously discovered and provided against it. It were useless to conceal the fact that as a State we are yet almost powerless against anysuddenlyprecipitated danger. California notonlydeeply deploresand condemns the wicked rebellion of a portion of the Southern States, toward the suppression of which she has thus far not been backward in furnishing material aid, but she is compelled to notice, in addition, that those foreign relations of the General Government which were formerly of so encouraging and pacific a nat~re, if they are not actually dis-turbed, are seemingly each day becoming more complicated, inYolving a network of collateral issues, admonitory in character, and which, unless intrnsted to the most careful and adroit of diplomatic management, may at any time lead to a conflict, not only of · opinion, but of arm_e. We can make the assertion with truthfulness and pride that thEi' policy of the National Government, in its treatment of the nations with which it!s in correspondence, has undergone no change, It has ever been for-bearing, dignified, and respectful. Can as much be said of all the powers of Europet Has not more than one pretext been sought for a quarrel, growing out of alleged en-croachments upon some of their maritime interests f And has not the exposed con• dition of California, with reference to foreign invasion, stimulated the impertinence, to use no harsher term, which has characterized the utterances of foreign official agents, residents in the United States Y . The intermeddling with the affairs of the American continent and the introduc-tion of a form of government among some of its people obnoxious to their wishes and contrary to tlieir historical established customs and laws is only another proof in the testimony accumulating for our benefit and instruction. The present Gov-ernment has bestowed some attention upon our sea-coast and harbor defenses, per-haps as much as could be expected under the circumstances; but we have a work of our own to perform, and it becomes us to consider well how and in what manner that work can best be accomplished. (The subject of harbor defenses bas been noticed in my two formerreports.) Until within a recent period, the State of California has been without arms, muni-tions, or soldiers, commensurate with her enrollable population and her requirements for a condition of successful defense. Indeed, it can not be said that our condition is even now very greatly improved. Although it is evident to the most casual ob-server that a spirit of military enthusiasm has been awakened and the latent chord of patriotism in the hearts of our citizens touched, from which cheerful event we are . led to hope for greater results in the future, the record of sanguinary deeds in which our noble countrymen have bravely given their lives to prnserve the happiness and secure the liberties of their posterity, and the brilliant achievement of our arms on many a well fought field have contributed much to th~ end. The demands made upon our State for volunteers have been nobly responded to by our patriotic young men, many of whom have already repaired to the scenes of conflict. Others are pre-paring for the encounter, and still others may be relied upon when the urgent neces-sity requires their services. But California most not be neglectful of her home interests. Wa have among us all th lements to supply both branches of the service, national and State. The mi-litia, upon whom we are to rely chiefly, embraces as much genuine patriotism, heroic bravery, and sterling worth a any of our contemporary armies in the field. All they require i organization, clrill, discipline, military education. The national and local Jaws d mand n much, a.nu the local defense , when imminent, will a suredly evoke it. 1'he ad vantage of having at lea tone-fifth of our a which br!1v~ry is a _fixed principl~, kept alive and stunulatecl by a noble pride tnat would lead1t, 1f occasion reqmred, directly int o the jaws of destruction. This, however, is not the courage of hopelessness, but of almost certain victory. He who feels it and acts it out in the hour of battle be-comes the admired hero for whose brow the wreaths of glory are woven, and who, among men, lives to be honored and pointed at as one deserving well of his kind and his country. No fact is better established in physiology than that the mind and body have an i ntimate ananizations a r e in vi tingly open. The fresh air of the camp, the coarse food of the sold10r the pri-vations of the march, are healing and restorative. The demand upon th~ time of such, as contemplated by our military law and encampment system, is comparatively t rifling. It amounts to only a few days in the year, and a few hours of the month W ho that is ambitious of military fame can not spare as much f Who that loves hi; c?un_try, and is re:3-dy to defend it, ~ould hesitate to sa~rifice, not only his time, but his life, to secure its grandeur and 1ts glory. The maxim may be trite, but time has given it proof, that ''he who would command must first learn to obey." Too many of our general officers on active duty Jiave failed to fill the measure of public expecta-t ion because of a want of military training. In order to "set a command in the field," and with it accomplish the duty assigned t he officer must not only have thorough confidence in his own abilities but posses~ also the talen~s to in_spire confidence . and valor in his. troops. When the troops are equally sangume, this mutual fervor is nearly always attended with' victorious re-sults. The spirit of our national and State laws is averse to the maintenance of standing armies in times of peace. In this fact consists the wide difference between a repub-62 .CALIFORNIA, OREGON, AND NEVADA ST.A.TE WAR CLAIMS. lie a~d ~ monarc~y. The for~er is found~d upon ~he love of tpe people, who consti-tute 1t, m authority and detail. All that u1 beautiful and bewficent in their organic and statutory institutions is the offspring of their own choice and creation. There is no war between the law and the law-making power. They are homogeneous in character and sentiment. · The law was enacted by and for the people, Its tenure rests enttrely upon their tolerance. When it fails to answer the objects of its enactment, the same genius which molded it into form and substance can alter, destroy, or amend it. 'fhe latter is arbitrary, and, consequently, oppressive. Its power rests upon its absolute en-forcement. The monarchy is one thing-the people another. The interest!! of one may or may not be identical with those of- the other. JVhere there is a conflict of opinion the Government becomes despotic. It yields nothing, but prepares to enforce all its demands. In order to do this successfully, it must be provided with standing armies. These are constantly surrounding and at the beck of the throne. They are not only used/or the people, but against them if occasion requires. Our republican form avoids these evils. When armies are required the citizen becomes the soldier. His country calls upon his serviceR, and he willingly yields them. When the occa-sion for their exercise ceases to exist, he ceases to be a soldier Our State militia laws and our volunteer system, when adhered to and perfected, will prove equal to all sudden emergencies, and that they will continue to be effica• cious I think there is little reason to doubt. In familiarizing troops with the sacri-fices and hardships attendant in some instances upon the performance of military duty, opportunity is afforded for acquiring a practical knowledge of the administra-tive details of efficient staff, camp, and field organizations. The founders of our Re-public, during the protracted and arduous strnggles of the Revolution, acquired a knowledge of the value and expressed full confidence in the patriotism of our citizen soldiery to answer all the demands of supporting a free representative form of govern-ment. They had reason to know something of the evils of standing armies quartered among the people, to overawe them in the expression of their opinions, and deprive them of their rights. But they also had seen the necessity for some sort of prepara-tion on the part of the citizen to fit him for a soldier, and hence their warning was accompanied by an injunction that, while standing armies were to be avoided, ~he citizen must in some sort, on suitable and convenient occasions, nevertheless, qua.hfy himself in the practice of arms when it became proper and urgent that he should use them. I am aware that there are those in this State who doubt the propriety of preparing our young men by military drill for efficiency in active service. Their ideas are con-fined entirely to the cost of the experiment. The same class of pa~riots existed_d;ur-ing the Revolution. They may be found on the floor of Congress, m our large cities, hanging as spies about the skirts of the army; among the Vallandighams, Coxes, and Woods of the Atlantic border. A full purse is the god of their adoration; but a _noble country is not worth the defending. The same spirit of economy is spoken of m the Scriptures. It would have sold the precious balsam which was applied to staunch the wounded feet of our Savior and distributed the proceeds among the poor. The activity recently displayed by the militia of our State, its rapid increase in numerical strength, its improved education and training, have ruainly been mduced by the generous legislation of the past two years. Indeed, the visible im~rovement of every feature of our .military arm has shown that it bas more than paid for the liberal amounts expended upon it; and our enemies, both at home and abroad, are t,anght that in the preservation of the integrity of California as a loyal member of the Union, her people are in sober and terrible earnest. We can at this time place forty thoUBand men in Lhe field, under a corps of passable instructors, possessmg a devoted zeal for the maintenance- of their cherished free institutions. Nearly five thousand of this number are already instructed in the elements of military scie~ce and well practiced in the accomplishments of the soldier. A part of this education co~is~s in company and battalion drill, skirmishing, guard duty, ~r~nd t~ctics, and a willingness to render ch~arful obedience to superior orders; and it ta belteve~ ~at 75 per cent., or three thotll!and of the foregoing number, are fitted to hold the pos1t1ons of subaltern. coD?pany C'fficers, and a proportionate &ubdi vision t~ command any ~nd every orgamzat10n, from a platoon to an entire army corps. This, so far as the l~ne and staff are concerned, has been mainly accomplished through the instrumenta.hty of the encampment system of the pr13sent year. The total cost of these encampments has been 140,000, or 35 to the man, exclusive of camp equipage, which the tate now own , and which will be serviceable for the same uses for twenty years. 'f~e total expen e, th n, of tran portation, pay, a.nd subsistence for ten days in camp 1s 35, or an av rage of .50 per day for officers and men. When we consider the cor-r nt co. t of tran porta.tion and travel in California, the fact that a majority of the tro p in a t ndance at tbe camps traveled from 10 to 300 miles, and the additional fact that 11 purcha ea had to be made on the credit of the State, these expenses can-not be r ckoned exorbitant. CALIFOR.LTIA, OREGON, AND NEVADA STATE WAR CLAIMS. 63 It may be inquired: What benefit has the State derived from this lar~e outlay ?f money I answer: For '140,000 expended on e?campments. we ~ave rnst!ucted m the element of military sc10nce and all the details of camp life, viz, material for 3:t least five major-general , twenty brigadier-generals, two hundred field o~cers (regi-mental), two hundred and fifty general staff officers, twelve hundred Jm~ officers, twelve hundred non-commissioned officers. By this is meant that a snfficrnnt num-ber of officers will be found in the organization competent to teach t~e elements of military ficience and at the same time others who are capable of takmg the troons into immediate active service. The actual cost of transportation of troops to and from the camps amounts in round numbers to $40,000. (A statement of the expenses will be found appended to this report.) The revenue for these purposes is derived from a poll tax of $2 per annum, and con-sequently is not found to be burdensome. Who, then, in view ofthe undou~ted bene-fits which will fl.ow from the expenditure, as already foreshadowed by an rncreased sen Re of ecurity to the State at large, or who that is trnly loyal, and is animated by the exalted sentiment of an old time patriot: "Not one cent for tribute, but millions :for defense," will sutler a complaint to escape his lips f Liberty is priceless; and ex-perience has taught the lesson that too often, where a mere moneyed consideration was refused to defend it, the higher sacrifice has been required of human blood. _ It must be borne in mind, however, that the system of encampments in this State is an experiment only partially tested, and, like all other experiments where the benefits to be derived are prospective, must be thoroughly tested and held open for revision and amendment. Although each encampment has in itself been a complete success, the question arises whether the same amount of instr-uction may not be im- -parted at less expense to the State and time to the military organization. I assume that there is but one sentiment pervadiug the miuds of loyal citizens in relation to the necessity for an efficient military establishmen't in California, and that it must generally be admitted that most of the disasters attending our national troops in the field, at the commencement of the existing civil disturbances, had their orign in the fact that our armies were suddenly mustered, and almost wholly unprepared; in point of discipline, for the saugninary battles which they were compelled to fight. With the example of their reverses before us, if we fail to be better prepared in the future, t,he fault will not lie so 1mich with our·troops as with those whose duty it is to see them in all respects prepared for the difficult and trying duties before them. Cali-fornia has gi. vcn too many prc,ofs of her loyalty to leave a doubt on the public mind that her legislation will manifest Hself equal to every emergency against which it may become necessary to provide. The support aud proficiency of our State military organization, upon which de-pends the public safety and individnal prosperity, have hitherto been 'left almost en-tirely to the patriotism, liberality, and enthusiasm of a fow individuals, who have made nollle sacrifices from purely disinterested motives. They fitted themselves for active duty in the :field, formed companies, instituted drill, and made every effort com-patible with surrounding circumstances to acquire that fitness; but being detached their evolutions Jacked uuiformity, which only can be attained in perfection by bat-talion and brigade practice. With a view to render immediate the system of universal application desi()'ned by encampments, as enacted by the last legislature, and in the hope of cutting d~wn ex-penses without i!npail'ing its utility, I beg leave respectfully to recommend the fol-lowing changes m the law, viz: First. Reduce the attendance at the camp of inst,ruction to a detail of the commis-sioned officers and sergeants from each company, and the general, field and staff officers; continue this camp for twenty or thirty days, and pay a reason~ble stipu-lated per diern to those in attendance. Under this arrangement we should have pres-ent alJont 1,000 men. Second. For t~e bri$'ad~ enc1;tmpments _(having fir~t authorized ~he brigadier-gen-erals to compel, rn their d1scret10n, battalion and regimental orgamzations composed of all the uniformed troops in their brigades) substitute encampments by 'battalions and regiments, for at least twelve days in each year in the aggregate, to continue four days at each separate mustering. Tbe camp of instruction might be held from the 10th o~ April to ~he 1st or l_0th of May; the battalion or r,1 gimental encampments f~ur days m _Juue, four days m A;-ugust, and four days in October, with rations in kind, or subs1Stence by commut,at1011. When two or more regiments or battalions exist in any one county they may be required to encamp together. These proposed amendments to the law would save at least $:30,000 to the State in the item of trans-port~tion alone, and he the means of accommodating qtany who could not, without cons1derable_ personal sacrifice, desert their· occupations for the length of time at present rPqmred. '.Che interests of the military service wogld be equally if not better snbservecl by the proposed simplifieation. The military force of the State, to be effective, must be consolidated by central or ga,nization, This is not all-it must be capable of rapid concentra,1ion; and when 64 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. massed, understu,nd well such field orders as may be necessary to hurl it m serried file~ upon a foe, or be detached in its different parts with such ease and facility to avoid even tho appearance of oonfusion; for a skillful feint is sometimes equal t-0 a courageous charge-a well drilled military corps should at all times be competent to meet either. A rigid collection of the military poll tax would soon enable us to liquidate all out-standing claims against the military fund, and provide amply for such expense may be contemplated for the coming year. Some more stringent enactment for the collection of thi1:1 tax 'is necessary. EXHIBIT No. 36. No. XII.-Conci£1·rent resolution. I Adopted February 6, 1864,} Whereas a devastating and relentless Indian war bas been and still is bemg waged in certain counties in the northern portion of this State, the extent of which has never been fully known-to tbe people in other portions of the State, nor properly con-sidered by those whose duty it was to afford us protection at a time when a small force, judiciously managed, could have so disposed of those Indians as to have effect-ually prevented the present lamentable condition of the counties of Humboldt, Kla-math, and Trinity; and whereas in the counties above named there are no less than fifteen hundred Indian warriors, many of whom are well armed with rifles, shot-guns, and revolvers, and as they are almost daily adding to their stock of arms and ammu-nition, by murdering defenseless miners, farmers, and traders, and are successfully encouraging a general uprising of Indians which the whites had hoped would remain quiet for the present, and as the people ·of the entire counties of Humboldt, Klamath, and Trinity are to a great extent at the mercy of the sa ages, the military fo!ce at present in. that district being entirely inadequate for the protection of the citizens, and owing to the peculiar natural advantages which the Indians in that district possess over the whites, in the adaptation of that mountainous region for the pr? e-cution of their cowardly mode of warfare, it becomes necessary to operate agam t them in the winter· season; and as they have already destroyed about one-eight~ of the taxable property of Humboldt County, and entirely depopulated large portions of Trinity and Klamath Counties, having murdered no less than seventy-five va~u~-ble citizens, and in some cases women and children in so doing; and whereas 1t is well known that the Indians are preparinenefit of this act; Provided fnrthcr, That whenever a soldier can not obtain a certified c.opy of his final statement, by reason of the removal of the paymaster, ur other satisfactory causes, or who has or may hereafter be honorably e set apart and applied to the payment of the interest accruing on the bonds h_e em provided for and the final redemption of the principal'of said bonds; and the faith of the State of California is hereby pledged for the payment of the bt.1nds issued by virtue of this act and the interest thereon, and, if necessary, to provide other and ample means for the payment thereof. · SEC. 11. If, on the 1st day of January or July, 1865, or upon the 1st day of January or July in any subsequent year, there shall remain a surplus, after the payment of the interest as herein before provided, of $5,000 or more in the fund crea-ted by the ten th section (If this act, it shall be the duty of the treasurer to advertise in two daily newspapers published in English, in each of the cities of San Francisco and Sacra-mento, for sealed proposals for the surrender of bonds issued under the provisions of this act. He shall state in such advertisement the amount of money on hand appli-cable to the redemption of bonds, and he shall accept such propot.als,lat rates not ex-ceeding par valne, as may redeem the greatest number of bonds, until the amount of cash on band for redemption is exhausted. · _ SEC. 12. Full and pa.rtfoular account and record shall be kept by the treasurer of the condition of the funds collected in accordance with the provisions of this act, open ~t all times to the inspection of the governor and controller, and of any com-mittee appointed l)y the legislature, or either 'branch thereof. SEC. 13. It shall be the duty of the treasurer of this State to make arrangements for the payment of the interest of said bonds when the same falls due; and in the event that the said interest fund should be insufficient, the said treasurer shall make up the deficiency from the general fund; and in the event of the insufficiency of the genera.I fund, the said treasurer is authorized and required to make such contracts and ar~angements as may be necessary for th_e payment-of said interest and the protection of the credit of the State. And in case there should at any time be in th~ fund created by this act ~or the payment of said interest and the 1·edemption of sa1d b~nds any surplus mo~eys...not needed for the payment of said interest or the re-demption of any bonds, 1t shall be the duty of the treasurer of Rtate to transfer s.uch surplus moneys to the general fund of this State. Said bonds shall be redeemed and the interest paid in the gold and silver coin of the United States. SEC. 14. This act shall take effect and be in force from an~ after its passage. EXHIBIT No. 43. CHAP. C~CCXLII.-.An act granting bounties to the 1,olunteers of this State enlisted in the service of the U11ited States, for issuing bonds to provide f1mds for the. paynient of the sanie, and to lei,y a tax to pay such bonds. · -[ .A. pproved .A. pril 4, 1864. l The people of the State of Califofuia, represented in senate and assembly do enact as follows: , SECTION 1. There is hereby granted to every soldier who shall hereafter enlist ·for three years, or ~uring the war, in any regiment, battalion, company, troop, or bat-tery, now org~mzed, or hereafter to be organized or raised, as part of the quota of vol-unteer~ of this State, ~nder the ~!1~R of Con$ress and the orders of the President of the Umted States, durrng the ex1stmg rebellion and there shall he paid out of the fund hereinafter provided for, in addition to other bounties and:- pay now provided 70 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. for and authorized by any law of this E;'tate or of the United States to every such en-listed soldier a bounty of one hundred and sixty dollars, in manner'followiug to wit· The 1mm of forty dollars to be. paid at the time of enlistment, and the furthe~ sum of twenty dollars at the end of each successive six months thereafter· J'rovided That -s~ch bounty sha~l in no case be paid on the.ord~r of such soldier, but shall be paid to him personally, rn the same manner as soldiers m the Army of the United States are n~'Y' pai~, ~xcepting only 'Yhere the same sba}l be neces~ary for the support of bis wife or fannly, or upon certificates execut~~ by such soldier after each successive pay-. ment shall have fallen due under the prov1s10ns of this act; such certificate to be at-tested by the commanding officer of the regiment, battalion, company, troop, or bat-tery, or P0unty fund. All demands against such fund shall be presented to the board herem ?on- . stituted, through the adjutant-general's office, under sue~ rules as ma;v be prescribed by them; and no money shall be drawn out of the soldiers' bounty fund except as provided in this act. . . SEC. 8. For the purpose of paying the bounties herein before provided fo!, the sum of $2 000 000 is hereby appropriated and set aside of the moneys to be derived from the s'ale ~f the bonds of the State hereinafter provided for, or so l!rnch thereof as , may be realized from the sale of such bonds; and all D}Oneys so realized s?all be set apart b~ the treasurer of state and constitute a separate fund, to be des1g~ated as the "soldiers' bounty fund." All liabilities created by_ this act shal~ be paid out of ' such fund, and the treasurer of state is hereby authonzed and reqmred_ to ~ay all warrants drawn upon the soldiers' bounty fund out of the moneJ'S at any time m sue~ fund and none other. · SEC. 9. For the purpose of carrying into effect the provisions of ~his act,~ a~d pr?-viding for the fund created by section 8 thereof, the treasurer of the State of Cahforma ball immediately after the passage of this act, cause to be prepared bonds of the Stat~ to the amout of $2 000 000 · in sums of not less than $100 each, redeemable at the office of the treasure; of 'the'state on the 1st day of July, 1884. The said bonds shall bear interest, payable semi-annually, at the rate of 7 per cent. per annum from the date of their issue, which interest shall be clue and payable at the office of the treasurer of state on the 1st day of January and July of each year: Provided, That· the first payment of interest shall not be made sooner than the 1st day of January, 1865, which payment shall include any fractional portion of interest that may be,due on bonds sold prior to the 1st day of July, 1864. The said bonds shall l)e signed by the governor, and countersigned by the controller, and indorsed by the treasurer of state, and shall have the seal of State affixed .thereto; and such bonds shall be sold and issued from time to time, by o,rder of the governor, as the money to be derived therefrom may be required for use under the provisions of this act. The expense of preparing such bonds shall be audited as a claim against the soldiers' bounty fund. SEC. 10. Coupons for the interest shall be attached to each bond, consecutively num-bered, and signed by the treasurer of state; and it shall be the duty of the cout,roller and treai;urer of state, each, to keep~ separate record of all such bonds as may be is-sued, showing the number, date, and amount of each bond, and to whom the same was issued. SEC. 11. The treasurer of state shall, immediately after the passage of this act, and as soon as such bonds can be prepared for issue, sell an~ dispose of a sufficient amount thereof to provide the funds necessarily required under the provisions of sections one and three of this act, which amount shall be regulated by the number of volunteers called for or ordered into the service of the United States from this St,ate, and shali be declared to the treasurer by an order to that effect issued by the goveroor after the reception by him of such call ; and from time to time thereafter shall sell and dispose of such bonds in such amounts as may be required by the number of volunteers so called out from this State who may be actually in the service of the United States and entitled to the benefits of this act; such sales shall be made for gold and silver coin of the United States. SEC. 12. All sales of such bonds shall be made in the following manner: The treas-urer ?f State shall publish notice for thirty_days in two d~ily papers published in the m~y of _Sa~r~mento, and two or more daily papers published in the city of San Francisco, mv1trng sealed proposals for the purchase of said bonds; the notice shall state the t_ime a:nd place ?f receiving bids, the amount of bonds to be disposed of~ and that bids will ?e received for the _Purchase of o~e bond or more, naming the low-est amount for which the bonds are issued; that bids made for a greater rate of dis-count than 12 cents on the dollar of the par value thereof will not be received and that the payment for the same must be made in gold and silver coin of the uhited States. Parties proposing to purchase bonds offered as aforesaid must state in writing the amoun~ they propose_ to purchase, and the , rate per centum they are willing to pay; P1·ovided, That no bid shall be accepted nor any of such bonds shall be sold by the treasurer at a greater discount than 12 cents on the par value thereof. SEC. 13. At the time specified in the notice for bids the treasurer shall proceed to open the, whole of such bids or proposals in the presence of the governor and con-troller of State, and the governor, controlle:r.a and treasurer shall proceed to consider such prop?sals, and shall. accept such_ as propose to purchase the said bonds for the s.m~llest discount, such discount not m any case to exceed the amount hereinbefore hm1te_µ. Upon the acceptance of any bid the treasurer shall forthwith notify the bidder thereof, and require him to pay to tbe treasurer the amount of the purchase 72 CALIFORNIA, OREGON, AND ~EVADA STATE WAR CLAIMS. money in gold and silver coin of the United States, within ten days thereafter, a the State treasurer's office, and upon the payment of such purchase money by th bidder the treasurer shall deliver to him the bonds so purchased. All moneys ore-ceived by the trea;surer from the sale of bonds as herein proposed shall be placed by the treasurer to the credit of_ the soldiers' bounty fund. · SEC. 14. At any time after the_ o~ening, consideration, and acceptance of proposal · for the purchase of such bonds, 1f 1t should appear that the whole amount therdof so offered has·not been taken, the treasurer may proceed to sell the same, or any portion thereof, at private' sale to such purchasers as may present themselves; Provided, That no bonds shall be thus sold at a greater rate of discount than the rate at which any of said honds were actualJy bidden for, and such bid accepted, at the time such sealed proposals were opened and considered. SEC. 15. For the :r,~yment of the principal and interest of the bonds issued under this act, there shall be levied and collected, annually, until the final payment or re-demption of the same, and in the same manner as other State revenue is or may lie directed by faw to be levied and collected, upon all real and personal property taxa-ble in this State, a tax of 12 cents upon each $100 dollars of valuation of such prop-erty, in addition to the taxes for general State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds herein provided for, and the final redemption of the principal of said bonds; and the faith of the State of California is hereby pledged fo:r the payment of the bonds issued by virtue of this act, and the interest ther~on, and, if necessary, to provide other and ample means for the payment thereof. SEC. 16. Whenever on the 1st day of January or July, 1865, or upon the 1st day of January or July in any subsequent year, there shall remain a surplus, after the pay-ment of the interest; as herein before provided, of $10,000 or more in the fund created fo the eleventh section of this act, it shall be the duty of the treasurer to advertise in two daily newspapers, published in English, in each of the cities of San Francisco and Sacramento, for sealed. proposals for the surreuder of bonds issued under thi act. He shall state in such advertisement the amount of money on hand applicable to the redemption of bonds, and he shall accept such proposals, at rates not exceed-ing par value, as may redeem the greatest number of bonds, until the amount of cash on hand for redemption is exhausted. SEC. 17. Full and particular account and record shall be kept by the treasurer of the condition of the funds collected in accordance·with the provisions of this act, open at all times to the inspection of the governor and controller, and of any com-mittee appointed by the legislature, or either branch thereof. SEC. l!;. It shall be t,he duty of the treasurer of this State to make arrangements for the payment of the interest of the said bonds when the same falls due, and in the event that the said interest fund should be insufficient, the said treasurer shall make np the deficiency from the genera) fund; and in the event of the insufficiency of the general fund, the said treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest, and the pro-tection of the credit of the State; and in case there should at any time be in the fund created by this act for the payment of said interest and the redemption of said honds any surplus moneys not needed for the payment of said interest or the redemp-tion of any bonds, it shall be the duty of the treasurer of State to transfer such surplus moneys to the general fund of the State. Said bonds shall be redeemed and the interest paid in the gold and silver coin of the United States. SEC. 19. This act shall take effect and be in force from and after its passage. EXHIBIT No. 44. P·roclamation. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, Sacramento, SeptltTlibtr 24, 1864. Wher a_ I have this day received a requisition from Maj. Gen. Irvin McDowell, ommand10g Departmen_t of the Pacific (the same having been made by authority fth. ecr tarJ: of , ar), for one regiment of infantry in addition to the "°olnnteers now m th erv1ce of the United tates, to aid in the enforcement of the laws, to sup-pr in nrr ction, and repel invasion: ow, ~herefor , I, Prederick P. Low, governor of tbe State of California and com-mauder-(n-chi f of the militia thereof, do hereby call upon the citizens of this tate t orgamz them el es into compani s sufficient to fi]l the foregoing requisition. CALIFORNIA, OREGON, AND NEVADA S'l'A'rE 'WAR CLAIMS. 7 3 Iu ·witncss wbe.reof I have hereunto set my hand and caused the great seal of the , tus will be estabiisbed at some ce1;1tral pomt in the county, and, if practicable, all r~crults w_Hl be retained there until the com-pany is filled and ready to be mustered 1_nto service. . Correct lists will be kept by the ass1stant provost-marsbal-genera1 of the volun-teers and their places of residence, and proper credits will be given to the several counties, and to the districts into which the counties may be divided, which credits will apply on the quota which may be required ofthem. . . The city and county of San Francisco is hereby set apart for the enlistment of vol-11 nteers to fill° up t,he regiments now in the servioe, and no authorization will be grnnted for the formation of new companies at that point. -The State has provided by law for the payment of a bounty of $160 to each enlisted :-;oJ,lier, and $300 to each enlil-,ted veteran soldier who shall bave served for more than Hix months in the Army of the United States, in addition to the bounties authorized to he paid by the United States. (See Statutes 1863-'n4, p. 486.) • :Five dollars per month while in the service is authOI'ized to be paid by the State.. in a(hlition to the pay, clothing, and allowances paid by the United States. (See Statutes 18(i3, p. 662.) The additional regiment of infantry will be known as 1the Seventh Infantry, Cali-fornia, Volunteers. · The field, staff, and line officers will be commissioned by the governor. Commissions will be issued to company officers, conditioned that they shall recruit their respective companfos, and be ready to be mustered into the service on or before the 10th of November next. -ORGANIZATION. The proper organization and strength of a regiment of infantry is as follows: One colonel, one lieute11ant-c?lonel, one major, one adjutant, an extra lieutenant, one qnarterruaster, an extra lieutenant, one surgeon, two assistant surgeons one chaplain, one sergeant-major, one regimental quartel'master-sergeant, one regim~ntal commiAsary-sergeant, and one hospital steward. Ten com panics form a regiment. · Conipany of infantry.-One captain, one first lieutenant, one second lieutenant one :fir~t sergean~, _four sergeant'.s, eight corp~rals, two m~sicians, one wagoner,1srxty~four privates, m11~1mum, and eighty-two pnvates, maxwrnm, besides the non-commis--sioned officers. The law does not authorize musicians for companies, but regulations allow the en· listmeut of two musicians to each company, who will b~ rated and paid as privates• EXHIBI'J.:_ No. 45. Proclarnat·ion. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, Sam·amento, Novembe1' 16, 1864. Wherea_s I have this day receivec~ a 10quisition from Maj. Gen. Irvin( McDowell, commandmg Department of the Pamfic (the same having been made by authority of the Secretary of War), for one regiment of infantry in addition to the vohmt,eers 'now . i11 the service of the United States, to aid ju the enforcement of the laws to supre13s insurrection, and to repel invasion; 1 ' 74 CALIFORNIA, OREGON, AND NEVADA ST.A.TE WAR CLAIMS . . Now, therefqre, I, Fred'k F. Low, governor of the State of California, and COIJl-mander-in-chief of the militia thereof, do hereby call upon the citizens of this, tatt, to organize themselves into companies sufficient to fill the foregoing requisition. In witness whereof I have hereunto set my band and caused the great seal of the State to be affixed. Done at Sacramento this 16th day of November, A. D. 1 64. [SEAL.] FRED'K F. Low, ' Governor of California. B. B. REDDING, Secretary of State. By F. W. REDDING, Deputy The place of recruiting and organizing tbe above force will be as follows: RECRUITUW. It is desirable that the citizens of one county should undertake to fill a company from their locality. Correct lists will be kept by th~ assistant provost-marshal-general of the volun-teers and their places of residence, and the proper credits will be given to the several counties, and to the districts into which the counties are divided, which credits will apply on the quota which may be required of them. The State pas provided by law for the payment of a bounty of $160 to each en-,listed soldier, and $300 to each enlisted veteran soldier who shall have served six months in the Army of the Unit,-ed States, in addition to the bounties authorized to be paid by the United States. (See Statutes 1863-'64, p. 486.) Five dollars per month while in the service is authorized to be paid by the State in addition to the pay, clothing, and allowances paid by the United States. (See Statutes 1863, p. 662.) The additional regiment of infantry will be known as theEighthlnfantry1 Califor-nia Volnnteers. . · The field, staff, a.nd line officers wm be commissioned by the governor. . Commissions will be issued to company officers conditioned that they shall recruit t,heir respective companies and be ready to be mustered into the service on or before the 1st of January, 1865. . · / ORGANIZATION. The proper organization and strength of a regiment of infantry is as follows: One colonel, one lieutenant-colonel, one major, one adj ntaut, au extra lieutenant, one quartermaster, an extra lieutenant, one surgeon, two assist~Lnt sugeons, one chap-lain, one sergeant-major, one regimental quartermaster-sergeant, one regimental com-missary-sergeant, and one hospital steward. Ten companies form a regiment. Uornpany of infantry.-One captain, one first lieutenant, one second lieutenant, one first sergeaut, four sergeants, eight corporals, two musicians, one wagoner, sixty-fo~1r privates, miuimnm, and eighty-two privates, maximum, besides the non-comm1 -sioned officers. The law does not authorize musicians for companies, but regnlations allow the en-listment of two musicians to each company, who will be rated and paid as privates. EXHIBIT No. 46. CIT.AP. DIII.-.An aot to appropriate money for tlte payment of the claims of the Cali-forni in , Californian that left this coast and went E t t do ba ti fi r tb right,, ud th univor having generally returned to live among u , i rtainl 'i right and ju· that th ir b roic d eds should be publi bed to tbe CALIFORNiA, OREGON, AND NEVADA STATE WAR CLAIMS. 79 credit of California and her citizens, and that their writt~~ recor~ should be filed in the 1tdjutant-gAneral's office, and become a part of the mih~ary history of our State, notwitb tanding they were merged in a Massachusetts regiment and wrongfully re-turned as Ma achusetts troops. . I have the honor to transmit herewith a copy of h1s report AU of which is respectfully submitted. G S E EO, . VANS, Adjutant-General of the Stat~ of California. EXI-:1.IBIT NO. 48. Biennial report. OFFICE OF CONTROLLER OF STA.TE, 1 Sacramento, Cal., November 4, 1867. , To his exceJlency, FRED'K :P. Low, Governor of California: SIR: In conformity to law, I herewith submit a repo~t of the :financial transacti?ns and condition of the State for the seventeenth and eighteenth fiscal years, endrng June 30 1867 toO'ether with a general statement of the condition of the several funds of the State trea~ury at this date. Tables giving a full exhibit of receipts, expendi-tures, the public debt, etc., during each fiscal year, will be found under the following headings: . !.-Relief and bounty to California Volunteers.-There has been paid for extra pay and bounty to California volunteers, during these two fiscal years, the sum of one mill-ion four hundred and sixty-four thousand eight hundred and twenty-four dollars and thirty-two cents ($1,464,824.32), and for relief of line officers, twenty-two thousand one hundred and six dollars and sixty-two cents ($22,106.62), making a total of one mill-ion four hundred and eighty-six thousand nine hundred and thirty-dollars and ninet,y-four cents ($1,486,930.94), and a grand ti0tal of two million six hundred and thirty-six thousand one hundred and six dollars and sixty-two cents ($2,636,106.62), paid by the State for these purposes up to the first day of November, 1867. Of this amount · one mi1lion five thousand six hundred and six dollars and sixty-two cents($1,005,606.62) have been paid, and interest-bearing bonds, amounting to one million six hun-dred and thirty-five thousand five hundred dollars ($1,635,500) are still outstanding and unpaid. This debt is the result of legislation in snppott of t,he measures of the national Government to re-inforce its armies and carry on the war, and may there-fore be considered a debt contracted for national objects. Very respectfully, your obedient servant, · EXHIBIT No. 49. California Volunteer Caval!ry, First Regiment. GEO, OULTON1 Controller. This regiment was organized at San Francisco, Sacramento, Stockton, and Camp Merchant, Cal., as follows: Companies A, B, C, D and E in August, 1861 and the re-maining companies from May 16 to Deeember 31, 1863, all to serve three' vears. On expiration of the term of service of Companies A, B, C, D, and E the ori~inal mem-bers (except veterans) were mustered out, and the veterans and recrui?s together with the other companies, retained in service. The organization was mu;tered out by companies at different dates from March 6 to October 19, 1866. · List of battles, etc., in which'this regiment participated, showing loss reported in each: P~chacho P~ss (Companies A, B, C, D, an.d E), killed, O. 1; wounded, E. M., 2. Wh1te ~oun~ams (A, B, C, D, and E ), no loss. Tule Rosa Valley (D), wounded, E. M., 1. Indian V1llag-e (B), wounded, E. M., 1. Oregon Mountains (Dr wounded E. M. 4. Bent's Old Fort, wounded, E. M., 10, missing, E. M., 2. Sacr~mento Mo{mtain~ (G and H), wounded, E. M., 1. Croton Springs (L), killed E. M. 1 · wounded E M., 2. Lamonico Spring (G and H), no loss. (From page 328. Vohtnt~er AI'my Reg: ister, 1861 to 1865, Part VII.) · , 80 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAUIS. California Volunteer Ca11alry, ll'i1·st Battalion. (Called also Native Cavalry Battalion.) _ This battalion, composed of four companies, was org-~uized at San J<1raucisco, ,·au Jose, Santa Barbara, and Drum Barracks, Cal., from March, 1863, to Jul¥ r 64 to serve three years. It was mustered out of the service at different dates fro~ M~rch 15 to April 2, 1866. (From page 329, Volunteer Army Register, Hl61 to 1 65 Part VII.) ' California Voluntee1· Cavalry, Second Regimen-t. (This regiment was organized at San Francisco, Cal., from September 5 to October 18, 1861, to serve three years. On the expiration of its term of service the orio-inal members (except veterans) were mustered out. The organization composed of vet-erans and recruits, were mustered out ofserviqe by companies at different dates from February 1 to July 12, 1866. List of battles, etc., in which this regiment participated, showing loss reported in each: Owen's River (Companies A, H, K, and M), killed, E. M.,1; wounded, E. :M., 2. Apache Pass (B), wounded, E. M., 1. Madelaine Plais, no loss. Bear River (A, H, K, and M), killed, E. M., 12; wounded, 0., 2, E. M., 45. Owen's Valley (March 3, lt63, G), wounded, E. M.,4. Owen's Valley (March 19, 1863, G), wounded, E. M., 1. Cedar Fork, no loss. Spanish Fork Cafion (April 4 and 5, 1863), no loss. Big Pine Creek (E), wounded, E. M., 1. Owen's Valley (April 10, 1863, G), wounded, E. M., 1. Span-ish Fork, Canon ( April 15, 1863, A, H, K, and M), killed, 0., 1; wouner, and November, 1861, to serve three years. The original members, except veterans, were mustered out at different dates from Novem-ber 27 to December 14, 1864, by reason of expiration of term of service, and the vet-erans and recruits transferred to the First Regiment California Infantry. List of battles, E,tc., in which this regiment participated, showing loss reported in each: Pinos Altos Mines (Company A), killed, E. M., 1; wounded, E. M., 1. Cajon de Arivaypo (K); no loss. Cook's Canon (E), wounded, E. M., 1. Gila River (B), no loss. Pinos Altos (E), no loss. Doubtful Canon (I), killed, E. M., 1; wounded, E. M., 1. San Carlos River (K), wounded, E. M., 1. Mezcal River (I and K), no loss. Arivaypo Canon, no loss. (From pages 340 and 341, Volunteer Army Regis,ter, 1861 to 1865, Part VII.) California Volttnteer Infantry, Sixth Regiment. This regiment was organized at San Francisco, Alcatrases Island, and Benecia Bar-racks, Cal., from· October 21, 1862, to September 5, 1864, to serve three years. It was mustered out of service by companies at different dates, from October 25 to Decem-ber 20, 1865. . , List of battles in which this regiment participated, showing loss reported in each: "Soldier's Grove" (Companies C and E), wounded, E. M., 1. (From pao-e 342 Vol-unteer Army Register, 1861 tu 1865, Part VII.) · i:, ' California Volunteer Infantry, Se·venth llegiment. This regiment was organized at San Francisco, Sacramento, Marysville Jack.son and Placerville, Cal., ~rom ~ctober to De~ember1 1864, to serve one and three years , It was mustered out of service by compames at different dates, from March 1 to June 28, 1866. . List of battles i~ which this ~egiment participated, showing loss reported in each: Gauchuca Mountam (Compames C ~nd E), killed, E. M., i; wounded, E. M., 1. (From page 343, Volunteer Army Register, 1861 to 1865, Part VII.) California Voluntee1· lnfanm-y, Eighth Regiment. rhis regiment was orgapized at San :E'rancisco, Sa~raruento, Marysville, and Pla-cerville, Cal., from. Novembe_r, 1864, to February, 1865, to serve one and three years. It was musteyed out of service October 24, 1865. (From page 344 Volunteer Army Register, 1861 to 1865, Part VII.) ' EXlIIBIT No. 50. OFFICE OF THE CONTROLLER 01r S1'AT:m, ' Sacramento, J aniiary 17, 1866. His excellency, F. ]!'. Low, Governor: Sm: In rep_ly to yours_of tLe 16~h ·;~stant accompanying the incloseu lotter of Hon. James G.• Blame, I submit the followmg statement of the amount expended by the S. Ex. 2-12 82 CALIFORNIA, OREGON, AND NEVADA STA1'E WAR CLAIMS. State in support of the late war .for the preservation of the Union, as appear frot books of this office: ' Amount expended to assist in filling up regiments California volun-teers ..•••...... - - . -.. - . - .• - . - . -.. - - - - ............................ . Amount expended for relief of enlisted men of the California volunteers .A mount expended for bounties for enlisted men of the California vol-unteers ....... --- ..................•••.......•.•................. Amount expended for relief of line officers of the California volunteers $24,260, 687,403.63 436,460.00 17,232, 95 Total .......... ~ ....•.. -·-. - -- ... - -.. -. . . • . . . • . • • • . . . . . . . . . . . . . 1,165,356.58 The above statement does not include the claims against bounty fund received from the honorable board of examiners on the 16th instant. In addition to the above are the claims of soldiers for $5 per month not yet provided for by the legisla-ture, and the balance of bounty not yet due, for the payment of which the faith of the State is pledged. · Under t,he acts for the defense of the State the sum of $180,000 has bee:u expended and our militia system has cost the State in the neighborhood of $400,000, both of which items of expenditure may be directly traced to the rebellion, although not in-cluded in the clasp of expenditures named in the letter of Hon. James G. Blaine in-closed. I am, very respectfully, your obedient servant, GEORGE OULTON1 Controller. CERTIFICATE TO EXHIBITS Nos. 4, 5, 6, 7, 8, 13, 14, 15, 16, 27, 28, 29, 30, 44, 45, 50. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, Sacramento, Cal., October 1, 1885. I, W.W. Moreland, private secretary to the governor of California, and custodian of the public records and papers in the office of the executive, do hereby certify that the foregoing is a full, true, and correct copy of" an original paper now of record in the governor's office, and that said original paper can not be removed from the gov-ernor's office without manifest injury to the public service. W.W. MORELAND, Private Secretary. EXHIBIT No. 51. HEADQUARTERS, DISTRICT OF OREGON, Fort Vancouver, Wash., September 12, 1861. To his excellency JOHN WHIT.EAKER, Governor of the State of Oregon: Srn: The threatening attitude of the Indian tnoes in the country east of the Ca · cade Mountains having produced much alarm among the settlers, causing many of th m to a~andon their claims, and the regulars under my comman~ having be_en r~-duced durm g the past year by the withdrawal of fourteen compames for service m California, leaving an inadequate number of troops necessary for the protection of the settlements, I have the honor to request that your excellency will call for one compauy of volunteer cavalry, to be mustered into the service of the United State~, at Fo1:t D~lles, Oregon, for the period of three years, unless sooner discharged. The ~rgamzat10n of the company will be one captain, one first lieutenant, one seo?nd lieu tenant, four sergeants, four corporals, two buglers, one farrier and blacksmith, a~d ~venty-four privates. Every member of the company will be required to fur-DI hhi own horse and horse equipments, and will be paid for their use and risk such allo,yance as are now or hereafter may be established by law. The Government will fur01 h arm and subsistence when the.organization of the company shall have been complete~ and the c_ompany accepted. . V hen fully orgamzed, I request that your excellency will direct the captam of the company to report to Capt. Joseph H. Whittlesey, of the United States Army at Fort D~lle , who has been ordered to inspect, and if accepted, to administer the oath of s.l~eg1ance and muster the company into the service of the United States. With great re pect I have the honor to be your excellency's most obedient ervant, G. WRIGHT, Colonel Ninth Infantl'y. com111anding. (From appendix, Oreaon journal of the house, 186~, page 21.) CALIFORNIA, OREGQN, AND NEVA.DA STATE WAR CLAIMS. 83 EXHIBIT No. 52. EXECUTIVE OFFICE, SALEM, OREµON, ., September 16, 1861. To the people of tke State of Oregon : Whereas information has been received of the discontented spirit of the Indian tribes of middle and eastern Oregon, and the danger of Indian hostilities in those quarters, and whereas a requisition has been received from Col. George Wright, U. S. Arruy, chief in command of the district of Oregon, asking for one company of vol-unteer cavalry, to be ·mustered into the service of the United States, at :Fort Dalles, Oregon, for the period of three years, unless sooner discharged, which requisition is hereunto appended, making. a part of this proclamation. · Now, know ye, that by authorit,y vested in rue by the .constitution and laws of said State, as the commander-in-chief of the militia thereof, I, John Whiteaker, gov-ernor of the State of Oregon aforesaid, in compliance with said requisition, do hereby call upon aU good and loyal citizens of said State, capable of bearing arms, to come • forward and volunteer to the number of eighty-eight, rank and file, to be organized into a company of cavalry, according to terms of said requisition; and I do hereby appoint A. P. Denni~on to act as recruiting officer, in.vested also with the authority to act as quartermaster and commissary for said volunteer force to be raised, during the recruiting thereof; and said recruiting officer is authorized to locate his office at Fort Dalles, Oregon, with privilege, if the exigencies of his duty require, to open temporary offices at other points in Oregon, and to appoint a subordinate or subor-
U1Jer, Wash., Novembe1· 1 1861 To his excellency JOHN WHITEAKER, ' • Gove,·nor of Oregon : ~IR: ~ have the honor to notify your excellency that by instructions this day re-ceived from the headquarter£:! of the Department of the Pacific, the raising of the 84 CALIFORNIA, OREGON, AND NEVADA STA'fE WAR CLAIMS. company of volunteer cavalry heretofore called for, has been suspended, and the men if any, already enrolled are to be diMbanded, the regiment organized under Colonel Cornelius being considered amply sufficient for the whole country. . I have the honor to be, with much respect., your obedient senTant, A. CADY, Lieutenant-Colonel Seve-nth Infantr,11, Commanding District. (From Appendix, Oregon Journal of the House, 1862, page 26.) EXHIBIT ·No. 55. To his eicellency JOHN WHITEAKER, . PORTLAND, June 6, 1862. Governor of Oregon: SIR: Inclosed I herewith forward to your office one copy of the papers connected _ with the recruiting service for which I was appointed by your excellency on the 16th day of September, 1861, to wit: Names of recruits, abstract of indebtedness, with vouchers. These pap~rs would have been forwarded at a much earlier day had I been able to obtain the accounts. I used ev:ery effort to get them, but failed until this time. The vouchers covering the indebtedness created I have made in duplicate, one copy of which I have delivered to the claimants, and the other forward with these papers. In these accounts I have endeavored to use the utmost economy, and trust they will meet with your approbation. And I would most respectfully request that you recommend the immediate payment of these claims by the legislature, as an act of justice to those who have furnished the State with transportation, subsistence, and service, etc. The amount due men for services I have not computed, as I did not suppose it nec-essary. . Respectfully, your obedient servant, .A. P. DENNISON. Abstract of expenses created by A.. P. Dennison, recruiting officer, under proclamation of his· excellency Governor WhiteakP,r, dated-Salem, Oregon, September 16, 1861. ' To whom due. For what object. · ~~o~c~!~~~~~~:-: : : : : : : : : : : : : : : : : : : : . ~~~~-~:~~ ~~~~-i~-~:::::::::::: -: : : : : : : : : : : : : : : : : : itii~¥f fai!i?}iiL~f 1tttE+?)E\E William Aldridge .•.•.•. -·· •••. ·-··- ... Board and lodging . _-·---··---··----· ·-· ········-J. M. Forbes_·----······-··-·.·-·-----· ------do.--·-----··--·-··----····-----····· · ·-··-· California Stage Company - --··. --· .•.. Transportation·---··.-···--·--···--··--··--··--· James McAulfif ..• - .•••.•••. - -- -. . • • . . . Transportation, board, etc . _ -. ··- _ ..• -.. - - - - ... -. l l!r:e:~~~~ ::: : :: :::: :: :::::::: ::: : : _ r~!!;?_~::::::_·::: :: :::: :::::::::::::::: ::: :::·:: .A. P. Dennison. --- - -- . ---... - - .. - . --- - . Services aa recruiting officer, stationery, office rent, horse hire, etc. . Shubrick Norris --- - -- -- - - .. - - .. - - . - __ . Services as assistant recruiting officer, twenty days. B. F. Bonham . - - .. -- - -- . -.. -•. --- - - . - - Services as assistant recruiting officer, fifteen days. Dr. E. Sheil - -- - -•. - - . --. - -- .. - - -. . - _ -_. Ser,ices as assi11tant recruiting officer, twenty days. J osepb Teal . --- -. - - ..•. -- -- - -- - . ----_ . . ____ . do . __ .. __ . -• --- - - - . _____ . __ . .•• __ ••...•••. -. William Geyer .. - - .. - - ..•••• .. - - .. -- -_ _ Services as assistant recrniting officer, sixteen days. Oregon team Navigation Company ___ Transportation·--·-············-········-···-··· J:i¥_i~~n~;~t!:: :: : : : : ::: : : : :::::::::: . ~~~~i:~~- ~~~~i~~:::: :: . :::: :: ::: : :: ::: : : : :::::: Amount. $3. 00 8. 75 6. 00 9. 75 36. 75 17.50 9.50 228.00 74.00 46.00 110. 00 12.00 36.60 365.00 GO. 00 4'5.00 60.00 60. 00 48.00 708. 00 15.00 27.00 1----Total.-- -·- ·--··--··------------- ·----·-·--··--··--·-···-···-······-··-··---··-····· 1,085.25 I c rtify that the above abstract of expenses, created for the enrollment of cavalry company under proclamation of his excellency Governor Whiteaker, tlated Septem-1, r 16 1 1, i correct and true. A. P. DENNISON, .Recruiting Officer. ( r m App odix, Or on Journal of the Hoo , 1862, page 25.) C.A.LH'ORNIA, OREGON", ANV N~VADA STATE . WAR CLAIMS. 85 EXHIBIT No. 56. Memorial to the Secretary of War. , To ihe honorable SECRETARY OF w AR: Your memorialists, the legislative assembly of the State of Oregon, would most re-spectfully rep,esent to the Secretary of War the necessity of creating the State of Oregon and Territory of Washington tin to a military department separate from t~e State of California. As at present constituted, the whole Pacific coast is included m the, Department bf the Pacific, with the headquarters at San Francisco, and a portion of thaState of Oregon and the Territory of Washington is formed into a district, the headquarters of which is at Fort Vancouver, Wash. It is impossible for the dis-trict commander to move any trpops jn the district without the assent or orders of the department commander. This requires an interval of two weeks to elapse, which often works great inconvenience to the public service. ,vhile your memorialists call your attention to the inconvenience of this arrange-ment in the time of peace, they submit that with the present state of affairs in the Indian country, the necessity of proper authority to concentrate troops and begin a. campaign against the Snake Indians, who have for years obstructed' the emigrant road, rendering it unsafe for small parties to travel, and in instances not unfrequent, murdered women and children, render it a matter of importance that there should be within the bounds of the present district of Oregon authority to concentrate troops, and when necessary t,o prosecute a vigorous campaign against the hostile Indians. Your memorialists are aware that the preRent rebellion renders it impossible for the Government to bestow upon this part of the Union that attention .it would receive, but they presume the necessity for granting their request will be apparent to the Sec-retary. It will not increase the· expenses of the Government in any manner what- · ever, and your memorialists believe will have the effect of continuing peace with those Indians who are quiet, and will enable the troops to chastise those who are hos-tile, by moving with promptness and celerity to such points as may appear necessary. ReBolved, That the secretary of state be, and he is hereby, requested to forward to the Secretary of War, to our Representative, and to each of our Senators in Congress a. copy of the above memorial. Passed the house of representatives, qctober 15, 1862. , JOEL .PALMER, • Speaker HouBe of RepreBentatives. Passed the senate, October 14, 1862. (Taken from page 37 of' Oreg"u State Journal, 186/f) EXHIBIT NO. 57. WILSON BOWLBY, President of the Senate. (H. J. R. No. 17. ) Joint resolution requesting General G. Wright to station another company of soldiers at Camp Baker, in Jackson County, Oregon. . , W~ereas the prese~t military force on the. southeastern border of the .State of Ore-gon 1s not sufficient to protect the frontier settlements in that section of the country should the J?O~~rful and_ wa!like tribes of Indian~ inhabiting the country of the Kla_~ n:iath and v1c1mty combme m a war upon the whites, of which, from recent indica.-_ t10ns, there seems to be danger: Therefore !l_eBolved by the leg-islative aBsembly of the State of Oregon, That General G. Wright, · military commander of the Department of the Pacific, is respectfully though earnestly request~d to furni~h an additional company of soldiers, to be stationed at Camp Baker, m Rogue River Valley, Jackson County, Oregon. Passed the house ofrepresentatives, October 16, 1862. JOEL PALMER, Speaker of the HouBe of Representatives. Passed the senate, October 16, 1862. (From Oregon Senate Journal, 1862, page 49.) WILSON BOWLBY, Pre1Jident of the Senate. 86 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. EXHIBIT No. 58. Memorial relative to the coa8t Indian reBervations. To tht General Commanding the Department of the Pacific : Your memorialists, the legislative assembly of the State of Oregon, respectfully represent that the protection of the coast Indian reservations in Oregon requires that Fort Umpqua should be occupied by t,he qpited States troops. Resolved, That the secretary of state is hereby requested to forward a copy of the -above memorial to the general or other officer commanding the Department of the Pacific. Adopted by the house, October 17, 1862. (From Oregon Senate Jonrnal, _page 39.) JOEL PALMER, Speaker House of Representative,. . WILSON BOWLBY, PreBident of the Senate. EXHIBIT No. 59. (S. J. R. No. 6.) Relative to the establishment of a mUitary post in the vicinity of Klamath Lake. Resolved by the senate (the house concurring), That our Senators and Representatives in Congress are hereby instructed to use. their influence with the President of the United States and the Secretary of War, in securing the establishment of one or more military posts in the vicinity of Klamath , Lake, in southern Oregon, for tl1e purpose of opening the Klamath Lake country for settlement and furnishing protection to emigrants coming into southern Oregon. (From Oregon Senate Journal, 1862, page 53.) EXHIBIT No. 60. Militia. JOEL PALMEil, Speaker House of Representative8, WILSOY BOWLBY, President of the Senate. The late governor of this State in his message of September 25, 1860t very properly said : "There is no State or 'ferritory belonging to the American Umon in which a well-trained militia is mor.e likely to be needed than in Oregon. It is notorious that we are surrounded on all sides by a treacherous and warlike race of Indians, some of whom have been in a state of open hostility during the past summer, and it is well known that iu the event of the United States becoming involved in a war with any of the great powers of the civilized world Oregon would be the first to suffer from a descent upon her shores of a well-disciplined soldiery." I see no reason to change that recommendation; in fact there is more danger of in-ternal commotions, foreign war, and trouble with our Indians in the eaRtern part of the State now than then. J can not, therefore, too strongly urge upon you the im-portance of an immediate organization of an efficient military system for our State. (From Oregon House Journal, 1862, Appendix, page 52.) EXHIBIT No. 61. SAN FRANCISCO, October 20, 1864. SIR: I have the honor to request, under Rpecial authority granted to thate1foct from the War Department) that a regiment of infantry be raised in the State of Oregon as 900n as po ible. To Gov. A. C. GIBBS, Salem. IRWIN McDOWELL, Major-General, Oomm,a11ding. CALIFOR~I~, OREGON, AND NEVADA ST~'l'E WAR C~AIMS. ,87' EXHIBIT No. 62. Extract from the messq,ge of Governor Gibbs, of Oregon, to the legislatu1·e of that State, Septernber 15, 1864. I ' [From appendix, O\egon house journal, third session, 1864, page 11.] At the breaking out of the rebellion most of the troops of the regular Army in Ore-gon were ordered East. In the fall of 1861 orders came to raise a regiment of .cavalry. Col. T. R. noruelius was requested to raise and command the same. He entered 11-poµ the work with enercry, and faithfully discharged his duties until his resignation. -The order came late in°·the season ; the wint,er following was a severe one and ~n. the spring, while enlistments were being rapidly made, an order came to cease recrmtmg; hence but six companies were rais\2d, .,, On the 5th of January, 1863, by Brigadier-General Alvord~ command\ng district of Oreo-on I was requested to raise additional companies to frll the regiment. Accord-ingly o~ the following day I issued my proclamation calling for volunteers an~ :i,p-_pointed recruiting officers. _ Gold excitement and other causes prevent,ed the ra1srng of more t,han one company, which was mustered into the command of H. C. Small. Incident to the raising of that company are some small bills which the State ought to pay. One to Mr. Veeder, proprietor of the Temperance House in Portland, for meals and lodging for recruits who stopped there necessarily on their way to 1!'01·t Vancouver. _ After the resignation of Colonel Cornelius Col. R. F. Maury took command of the regiment. Before and since that time the Snake and other tribes of Indians in east-ern Oregon have been hostile and constantly committing depredations. The regi-ment has spent two summers on the plains furbishing protection to the immigration and to t,he trade and travel in that region of the country. During the past summer the regiment has traveled over 1,200 miles, and the officers and men are still out on duty. The officers and most, if not all, the men joined the regiment t,hrough pat,riotic · motives, and while some of the time they have been traveling over rich gold fields, where laborers' wages are from $3 to $5 per day, there have been very few desertions, and that too while they wern being paid in depreciated currency, making their wages only about $5 per mouth. A great many of these men have no pecuniary intereet in keeping open lines of travel, protecting mirµng districts and merchants· and traders. The benefit of their services thus insures to the benefit of others, who should help those faithful soJf Jo~n Darragh for services as second lieute1;1ant of caval!Y of Oregon volunte~rs, rn recrmt-ing as such lieutenant under. an appomtment ~f ~1s ex~ellency A. C. Gibbs, governor of Oregon: Provided, The said sum shall be pa,1d m Umted States Treasury notes. Approved, October 22, 1864. _ EXHIBIT N 0, 68. An act Rupplemental to an act entitled "An act to provi~e fo,· the 01:di-~,ary,, expenses of the State government, and other general and specific appro~ations. B e it enacted by the legislati·ue assembly of the State of 01·egon: SECTION 1. That there is hereby appropriated, in addition to other appropriatio~1s-made at this session, the following. appropriations, tu be p_aid out of. an:Y moneys m the treasury not otherwise appropriated, to pay for engrav_mg and p_rmtmg-the State bonds provided for by the act of the present session grantmg ~ount1es to volunteers, the sum of $800; to pay for blank muster-rolls, pay-rolls, ' reg1sters,. allotments, cer-. tificates powers of attorney, and such other blank books as the a-dJutant-general of · this State is required to furnish by the said act granting bounties to soldiers, the sum of $200. ,_ SEC. 2. Whereas a portion of the above-named sums are now past due, and the re-cent demand for enlistmentM create an emergency, this act shall take effect and be in force from and after its approval by the governor. Approved, October 24, 1864. EXHIBIT No. 69. An act granting bo11,niies to the vol-unteers of this State, enlisted in the service of the United States, for iss1iing bonds to provide funds fo1· the paynient of the same, and levy a ta.x to pay such bonds. SEcTioN 1. Be it enacted by the legislative assembly of the State of Oregon, as fol-lows: There is hereby granted to every soldier who shall hereafter enlist for three years or during the war, in any regiment, battalion, company, troop, or battery, now orgl:l,nized or hereafter to be organized or raised as part of the quota of volun-teers of this State, under the laws of Congress and the orders of the President of the United States, during the existing rebellion, and there shall be paid out of the fund hereinafter.provided for, in addition to other bou,nties and pay,now provided for and authorized by any law of this State or of the United States, to every such enlisted soldier,a bounty of $150, in mallJ).er following, to wit: The sum of $50 'to be paid at the time of enlistment and the sum of $50 to be paid after the expiration of one year of such servfoe and the sum of $50 at the expiration of such term of enlistment : Pro-vided, That snch bounty shall, ·n no case, be paid on the order of such soldier, but shall be paid to him personally, in the same manner as soldiers in the Army of the · United- States are now paid, excepting only where the same shall be n!'cessary for the support of his wife or family, or upon certificates executed by such soldier after each successive payment shall have fallen due under the provisions of this act, snch certifi-cate to be attested by the commanding officer of the regiment, battalion, company, troop, or battery, or post commandant of any detachment in which soldier may be serving: And p1·ovided further, 'fhat in all cases where such soldier shall have a wife or family such payments may be made to the wife, or temporary guardian, or, custo-dian of minor chi_ld or children, as the same shall become due, such soldier having first filed in the office of the adjutant-general of this State a power of attorney to that eff~ct, executed before and certified by the commanding officer of the regiment, bat-talion, company, troop, or battery in which such soldier shall have enlisted or to which he ma:v be attached. SEC. 2. In 'c·ase of death or honorable discharge from the service; when such dis-charge occurs from any wound, disease, or disability incurred or contracted in the service, the full amount of bounty granted by this act shall be allowed an~ paid to _ 90 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. every such soldier, or to bis legal heirs; but if any sucL soldier be dishonorably di.. charged, or be discharged from disease or disability which existed, or which followed from causes existing and concealed Lefore enlistment, such allowance of bounty herein provided for shall cease at the date of such discharge ; and in case the term of service expired by the conclusion of the war, and the quota of this State be mustered out be-fore the end of three years, then the whole amount of such bounty remaining shall become due ancl payabie. SEC. 3. In computing and allowing the bounty to be paid under this act, the fol-lowing scale shall be adopted: All persons enlisting before the first day of January 1865, shall be en titled to receive the first payment after enlistment on the first day of January, 1865; all persons enlisting after the first day of January, 1865, shall be en-titled to receive the first payment aft,er enlistment, whenever the company in which they have enlisted shall have been mustered into the service. SEC. 4. To carry into effect the foregoin~ provision& of this act, the adjutant-general is hereby authorized to procure and shall provide all necessary blank muster-rolls, pay-rolls, registers, allotments, certificates, powers of attorney, and such other blanks and books as may be requisite and necessary, at the expense of the State, and shall furnish the same, with suitable instructions, to the respective officers of command, whose duty it shall be to m~,ke returns of the same, at the proper time, to the office of the adjutant-general of this State; and the adjutant-general is hereby authotize. The . aid bonds shall be signed by the governor, and countersigned by the secretary, and rndor eel by the trea nrer of the State, and shall have the seal of State affixed thereto; and uch bonds hall be is ued from time to time, by order of the governor, as may b r quir d by th pro vi ions of tbi act. The expense of preparing such bonds shall b paid out of the general fund of the tate. EC. 9. Co_upon for the interest shall be attached to each bond, consecutively num-b r d, and 1gned by the tr a ur r of state; and it shall be the duty of the secretary ~ncl tr ur .r of tate each to keep a separatA record of all such bonds as may be 1 · u .cl, bowmg the number, date, and amount of each bond, and to whom the same wa 1 · n d. EC. 10. n production of certificat , a pre cribed in sections 3 4 and 5 of thi a t, tl.J . eor tary of tat i hr by anthoriz,d and required td d~aw his war-rau.t for th amount of uch bountie on th trea urer of the tate, and the secre-CALIFORNlld)REGON, .AND NEVADA STATE W.AR CLAIMS. 91 tary of state is hereby authorized and required t~> issue, on the delivery t? ~im ·of such warrant, a bond of the amount due such claunant, pay.able to the rec1p10nt or order. • d d SEC. 11. For the payment of the principal and interest of the bonds issue un er this act there shall be levied and collected annually, until fina~ payment or r~demp-tion of the same, and in the same manner as other revenue 1s or may be duect~d by law to be levied aud collected, upon all real and personal property ·ta~able 1~ this ~,tate a tax of one mill on the dollar of valuation of such property, m addi-tion to th~ taxes for general State purposes, and the fupd derived from this tax sha:11 be set apart and applied to the payment of the interest accruing on the bonds her~m provided for aud the final redemption of the prin~ipal of said bonds; :i,nd the fa1~h of the State of Oregon is hereby pledged for the payment of the bonds · issued by vir-tue of this act and the interest thereon; and, if necessary, to provide other and ample means for the payment thereof. SEC. 12. Whenever, on the 1st day of January or July, 1865,·or upon the 1st day of January or July in any subsequent year, there sh:;i,11 remain a surplus, after the paf-ment of the interest as hereinbefore proYided of $10,000 or more in the fund created by section 7 of this act, it shall be the duty of the treasurer to advertise in one news-paper published in each of the cities of Salem, Portland, Dalles, and Jacksonville, for sealed proposals for the surrender of the bonds issued under the provisions ~f this act. He shall state in each advertisement the amount of money on hand appli-cable to the redemption of bonds, and he shall accept such proposals, at rates not ex-ceeding par value, as may redeem the greatest number of bonds, until the amount of cash on hand for redemption is exhausted. . · SEC. 13. Full and particular account and record shall be kept by the treasurer of the condition of the fund collected in accordance with the provisions of thjs act, · open at all times for the inspection of the governor and secretary of state and of any committee appointed by the legislature or any branch thereof. SEC. 14. It shall be the duty of the treasurer of this State to make arrangements for the payment of the interest of said bonds when the same fall due; and in the event · that the said interest fund should be insufficient, the said treasurer shall make up the deficiency from the general fund; and in the event of the insufficincy of the general fuud, the said treasurer is authorized and required to make,such contracts and ,ar-rangements as may be necessary for the payment of said interest and the protection of the credit of the State; and there should at, any time be in the fund created by this act for the payment of said interest and the redemption of said bonds, it &hall be the duty of the treasurer of state to transfer such surplus moneys to the general fund of the State. , SEC. 15. Said bonds shall be redeemed and the interest paid in the gold and silv.er coin of the United States -SEC: 16. I~asmuch ~s there is · an ur~ent necessity for raising volunteers in this State immediately, this law shall ·be in force from and after its passage. Approved October 24, 1864. , .. LExbibition No. 69-Continued.] An act for the relief of the cornmissioned _officers and enlisted men of the Oregon volun-teers in the service of the Unit6d States. SEC'J.'.ION 1. Be it enacft>d by the legislative asserr~bly of the .St0;te of Oregon, A sum not e~ceedrng one hundred thousand dollars is hereby appropriated and set aside to con-stitute a separate fund, to be known as the commissioned officers' and soldie:s' relief fnnd, for the purpose of paying a compensation to the soldiers of the companies of the Oregon volunteers raised iu this State for the service of the United States to aid in · repel_liug iuvasio?, supp~essing insurrection, enforcing the laws, and protecting tho :P'!bhc propert,y, m add1t1on to the pay allowed them by the United States.• AU liabil, 1ties created by this act shall be paid out of said fund . . SEC._ 2 .. There shall be paid out of the fund created and set apart by the first sec-t10n_ of thts act to each and every commissioned officer and enlisted soldier of the com• pames of t~e. Oregon volunt,eers raised in this State for the service of the United S~ates t_o aid 111 repelli?g invasion, _suppressing insurrection, enforcing the laws and prese_rvmg and_pr~tectmg the public property, from the time of their enlistment to t,he time of theu discharge, the sum of five dollars per month. . , SEC. 3. ~o mo1;1ey shall_ be dra_wn ont of the soldiers' relief fund herein provided.. for except as 1s provided for m section four of this act. SEC. 4. The captains or commanding; officers of companies of Oregon volunteers shall, after each and every muster, file _m the office of the adjutant-general of this Sta_te a comple~e muster-r_oll, dn~y cert,1fied1 ofrtheir companies from the date of their enhst~ent, notrng des~rtt?ns. discharges, anrl dismissals, and stating the causes of su?h y section one of this act, the secretary of the State of Oregon shall cause to be prepared bonds of the State to the amount of $100,000, in R11ch sums as hereinafter provideq, redeemable at the office of the treasurer of the St,ate on the 1st day of July, lb75. The said bonds shall bear interest, payable semi-annually: at the rate of 7 per centum per year froru the date of their issue, which interest shall be due and payable at the office of the treasurer of the State on the 1st day of January and July of each year. P1·ovided, That the first payment of interest shall not be made sooner than the 1st day of January, 1866. The said bonds shall be signed by the governor and countersigned by the secretary of state and indorsed by the treasurer of state, and shall have the seal of State affixed thereto. And such bonds shall be issued from time to time as may be required for use. The expense of preparing such bonds shall be audited as a claim on the general fund of the State. SEC. 7. Coupons for the interest shall be attached to each bond, consecutively num-bered, and signed by the treasurer of Rtate; and it shall be the duty of the secretary and treasurer of the State each to keep a separate· record of all such bonds as may be issued, showing the number, date, and amount of each bond, and to whom the same was issued. SEC. 8. AH demands against the soldiers' relief fund shall be audited by the board of military auditors in like manner as other claims agamst the State are or may be directed to be audited. EC. a. On the expiration of the term of enlistment the adjutant-general of the State shall c rtify to the amount due each man under the provisions of this act; and, on the prod~1ction of such ce.rtificate, it shall be the duty of the secretary of state to issue a hood of the tate, with coupons attached, as provided for in this act1 for such amount a. the certificate calls for, taking his receipt for the same. Said bonds shall be paid to tho recipient or order . . EC. 10. For the payment of the principal and interest of the bonds issued under this a~t there shall be levied and colleeted annually, until the final payment or re-demption of the same, and in the same manner as other State revenue is or may be di meted by ,law to be levied and collected, a tax of one-half of one mill on the dolla~, for the Y ars A. D. 1 65 and 1 66, and annually thereafter, of taxable property in th1 • t~te, in addit,ion to the taxes for general State purposes, and the fund derived from th18 tax b~ll b se_t apart and applied to the payment of the interest accruing on the 1.Joncl b r~m provided for, and the final redemption of the principal of said. bond ; :tncl th fa1t_h of the ~ate of Oregon is hereby pledged for the payment of the bo~d 1 ~n d b vtrtne of th1s act, and the interest thereon, and, if necessary, to prov1de oth r and ampl mean for the payment thereof. 'EC. 11. When~v r, on the 1st day of January or July, 1866, or upon the 1 t day of January or J_uly many sub equent year there shall remain a surplus, after the pay-m n of the mter~ ta he~einbefore provided, of, 10,000 or more in the fund cr~at~d b the t nth ect100; of tb_Hi act it shall be tlrn dnty of the treasurer to advertise Ill 011 new pa.per pnbl1 heel JO each of the cities of Salem Portland Daile:, and Jack-o~vill f, r , al d prop~sals for the n1 r nd r of bonds i~sned und;r the p;ovision ~f th1 act, lit! hall state rn uch a those who have volunteered. Justice demands that this should be done. Another reason is that the gold fields are so near our doors, draining our loose and convertible populati9n. These are the only reasonable apologies that can be offered at this time. , I am inclined to the opinion, however, that had the usual method of recruiting been adopted, and camps of recruits been established in the State that much better success would have been the consequence. What course will be pu'rsued to fill up tliis regiment, and to add more if necessary, may be determined by authority beyond you~ control, but let w:tiat may be done, it is ardentlr hoped that the people of Oregon will be true to their mterest and to that of the nation, and cheerfully sub--mit to law and authority. · A general atatement of all arms and military property received and issued the-amount now on band, and the condition it is in, by whom received and to who.:U is-sued, together with the roster of the First Regiment of Cavalry (with discripti ve roll) Oregon volunteers, now in the service of the United States, a roster of the commis-sioned officers of the State militia, and the strength and condition of the organized militia, will be found in tl10 appendix hereunto attached. Y?u will a~so find a statement of ll!Y actual trav~ling ex~e!lses from this place to The J?a.lles, m Janu_a!~ last, for the purp~se of opemng recrmtrng offices and business pertammg to the m1htrn; also the travelmg expenses to Eugen~ City, Corvallis, Al-bany, Portland, Dalles, and Monmouth, on business connected with the military last April, all of which was in obedience to your orders. ' , The enrolled mili_tia I shal! b~ unable t_o report to you at this tiltle, as the returns nave not been rece1ved at this office, but 1t will undoubtedly be dono in due time as the county assessors are most of them doing their duty in that line-all, I belie've, 96 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. save Baker County. A copy of the correspondence, herewith attached, with the clerk of that county will explain the reason why no rolls may be expected from that quarter for the present year. You will perceive by thfl roster of the military strength of the organized militia that the seven companies have fully organized, yet several more are in progress of organization, and we hope by another year to be able to make a vecy respectable re-port. The want of aims and equipment~ is the most serious drawback we have to contend with at this time; in fact 8everal companies now organized are not armed. nor can they be just at this time, and I would nrge upon your excellency the nec1· . sity of using your best endeavors to prevail upon the Federal Government to suoply Oregon with an additional quota of arms. · There is no State in the Union so deficient in arms as Oregon, and I may add none stands i,o much in need of them; and I would here say that the State is under rua11v obligations to Bdgadier-General Alvord, commanding the district of Oregon, for 1he receipt of 400 rifled muskets (and overreaching the quota due the State by over 100 muskets). I would also inform your excellency that I brve been under frequen t ob-ligations to General Alvord for the lively interest manifes1ed for the military of this State and affording me every information in his power wh•enever asked for of him. Oregon should have at least 1,000 additional stand of small arms, 500 sets of cavalry arms and accouterments and one full battery of rifled cannon and camp equipage for a.t least two thousand men, for should occasion require to call a force into the :field this latter requisition would be indispensable, as no camp equipage of any kind is in the possession of the State. Of the old arms t,bat were scattered throughout the State I have succeeded in accounting for 205 muskets and 4 6-pounder cannon, as will be seen by the schedule of arms herewith attached. That many more are yet unaccounted for I have every reason to believe, and I shall continue to use my best endeavors to hunt them up. Several hundred steel-barreled yaugers were distributed to, or taken possession of by, the citizens of Marion County, or other county officers of that county in relation to them. The county of Multnomah has a quantity of arms in the hands of her citizens yet unaccounted for, which will, I presume, be returned to the State. As you are well aware that on the 8th of January last I was called, by special order from your excellency, to assist you in opening rncruiting offices and attending to other business in connection with raising the six, additional companies to fill up the First Regiment Cavalry, Oregon Volunteers, and for four months my time was continually occupied in that line, for whi, h I have received no additional salary, ruy traveling expenses only having been paid; and the services of Maj. W. H. Shields as assistant adjutant-general at Portland for the space of three months as yet re-main unsettled, all of which I would suggest to your excellency be paid from the in-coming military fund. The Jaw evidently never conte{Jlplated that the adjutant-general should do such extra duty on the low sal11ry of $800 per. annum, as the law provides additional pay to parties in actual service. Thus far I have employed no clerks or other assistance in my office, but have performed all the labor in connection therewith with my own hands. In conclusion allow me to say that I have every reason to hope and believe that the peopl of Oregon are moving in this matter, and that with the proper discharge of the duties of the commissioned officers of the State and with the continuation of the fostering ?are of your excellency a laudable milit.ary spirit will be engendered and OrE:gon. w1l~ be a people of w horn you may well feel proud. -All of which 1s most respectfully snbmitted. · I am, sir, your excellency's obedient 8ervant, CYRUS A. REED, Adjutant-General of the State of Oregon. EXHIBIT NO. 71. Adjutant-General's report for the year 1864. GENERAL HEADQUARTERS, STATE OF OREGON, ADJUTANT- GENERAL'S OFFICE, To bi excellency A. . GIBB, , Go ·ernor of the 'late of 01·egon: Salem, September, 1864. , '!.R: I have the honor to n bmi t her with ~h~ annual report of this office, showing-1, rBl, chedule A..-A rost r of the comm1ss10ned officers of the }~irst ReO'iruent of Cava.tr·, re,,.on V:olunteer,, mu terecl int'e no hesitation in making the strongest appeals for wholesome legislation in this direc-tion, feeling that I have the prestige of the very best statesmen that America ha's pro-duced from the earliest dawn of our Republic to the present time. Aud I feel that I am prompted in making these suggestions by no biased, selfish, or personal motives what.ever, but from a solemn sense of duty which I owe to my country, feelin,,. assured that if we, as a people, neglect at this time to inaugurate an efficient military system such a one as can be made available in time of need, that we will fail to profit ovth; experiences of the past (for there can be no doubt that our past neglect of the militia has cost us teu thousand valuable lives and untold treasurers) . . It1 is~ matter of history that our ua.tioual capi t:tl, and for aught we know ·our na-tions hfe, was saved by the promptness by which New York, Massachusetts, anr practical purpose it would be equµ,l to a standing :3-rmy of the same number of men, yet the relative cost would be comparatively noth-ma, while at the same time the soldier would be to all intents and purposes the citi-zen. This would do away with all bounty and relief acts, for in times of clanger it would be di tiuctly und r toocl that the soldier was called out in the service of his country for~ special o~ject, which, when att':lined, he could again return to bis home and eug~ge ~n th~ ordrna~y busines~ of life. How eager woulcl such an army be to a?compl1 h 1tR obJect. With what smgleness of purpose would each one seek to do ht Part. The great end and aim of all would be to terminate the war successfully in the least po • ible time; for every man would know that he was called out, not for three months nor~ elve~ou b, butthat the neces itie of the country alone would fix the time of s _rVIce; for it would l>e a part of our daily education that we owed this for t,he sake of nr country. If the Companie ere all ra,i ed by voluntary enlist.men ts in times of peace or war o much tlie better; but otherwise let it be by allotment, and let the CALIFORNIA, OREGON, AND ~EVADA STATE WAR CLAIMS. 107 t.Oldier understand at the time of his enrollment that in times of peace or war that he c,is alike subject to all commands of bis superiors, or any dema.nd his country may make. And when in camp for drill purposes only, let the discipline be the same as if an enemy were in front with their pickets posted. The details of such a law would be too extensive for this report. I have a law which I have prepared with considerable care, emb.facing these features, which I would be glad to furnish for the consideration of our legislature about to convene, and I most -ardently hope that they will not adjourn without taking action in this matter. I will grant you that it will be better if Congress would pass snl.lh a law, for then it wonl outaiu their bonds, has not left me an honr t'hat I could call my own. The is-auin6 (last retitrn on file).-Companies A, B, D, and E, in the field . . R mark : Companies A, B, D, and E left Fort Dalles, Oregon, May 22, 1865; ar-nved at Fort Boi e June 15; distance traveled, 366 miles. FIR T OREGON INFANTRY. D c .mber, 1 64 (first retllm on file).-Compani A and C, Fort Va,nconv r Was!J. · 'om pan~· B, 1'~or Ho kinfi,_ Oregon; Company D, Fort Dalles, Oregon. ' ' ,Jo, uary, Lb5.-Compam A and E, F rt ancouvcr, Wash.; Compauies Band F Fort Ho kin. r ou; Company C, Fort teilacoom, Wa b.; Company D, Fort Da{ le·, r •~ 11. F1,b111arJJ, 1 6'>.- 'omp: ni . A and E, 1' ort Vancouver, Wa b,; Companies Band 1"1 1''ort Ho. kin r gou; ou1pao ', }or t ilacoom, Wah.; ompa,ni s D and G, Fort Un II , r '~on. Jfarclt 1 ·.-: __ 'om panic ancl H For an ou r, \Va h.; 'ompani •s B and F, l•'or Hn kin . , n•!,!011: >mpi uy ', .Fort 't ihte u eel to r i wt th am . Hence the 1 gi lature 1m cl what w, t .rm ndered, and that said service was necessary, and was given both to Oregon troops while in the service of the United States and to those who stood ready to take the field on call. I traveled from place to place and assisted in establishing recruiting offices at all the different places in the State where offices were established. I have read the report of the hon-orable Third Auditor to the honorable Second Comptroller in the matter of Oregon's rebellion war claim, and I do know that all the expenditures recited in said report were made and paid for by the State of Oregon in the execution of the spirit of said letter of Secretary W. H. Seward. u. A. REED. Subscribed and sworn to before me this 20th day of July, 1888. [SEAL,] GEORGE H. DURHAM, Notary Public for Oregan. [Inclosure "A.," part of Exhibit No. 78½.] DEPARTMENT OF STATE, . Washington, Octobe1· 14, 1861. To His Excellency, Governo1· of State o( Oregon: Srn: The present insurrection had not even revealed itself in arms when disloyal citize.ns hastened to foreign countries to invoke their intervention for tbe overthrow of the Government and the destruction of the Federal Union. These agents are known to have made their appeals to some of the more important States without suc-cess. It is not likely, however, that they will remain content with such refusals. Indeed, it is understood that they are industriously endeavoring to accomplish their disloyal purposes by degrees and by indirection. Taking advantage of the embar-rassments _of agric11;lture.., manufa_ctures, and commerce in foreign conn tries, resulting from the rnsurrect10n they had maugurated at home, they seek to involve our corn-~on country in controversies with States with which every public interest and every m_terest ?f maukind require that it shall remain in relations of peace amity and f1:iendsh1p. _I am able to st.ate for yo~r gratification that the prospect 'of any'such du;turbance 1~ now les~ ser1ou~ than it has been at any previous period during the course of the rnsurrect10n. It 1s nevertheless necessary now as it hat'! hitherto been to ta~e every precaution ~b'.1-t. is possib~e to a_vert the evils of foreign war, to b~ supermdnced upon those of c1v1l commot10n, which we are endeavorino- to cure. One of the most obvi~us of suc_hyrecaut.ions is that all ports and harbors !:n the seas and Jakes sh~nld_ ue rn a cond~t1on of compleh defense, for any nation may be said to volnntanl_y mcur Janger m tempestuous seasons, when it fails to show that it has sheltered 1tself on e_very side from which the storm might possibly come. The measures w~1ch the Executive_ can adopt in this emergency are such only as Congress h_a~ sa11ct10ned and for such 1t has providfld. The President is putting forth the most chhgent efforts to execute these measures, and he has the great satisfaction 118 CALIFORNIA, OREGO~, AND NEVADA STATE WAR CLAIMS. of seeing th3:t t~ese efforts, second~d by ~av~r, aid, an? _support of a loyal, patriotic, and self-sacr1ficmg people, are rap1dly brmgmg the military and naval forces of the United States into the highest efficiency. But Congress was chiefly absorbed during its recent extra session with these measures, and did not provide as amply as could be wished for the protection of our sea and lake coasts. In previous wars Joyal States have applied themselves, by independent and separate activity, to support and aid the Federal Government in its arduous responsibility. The same disposition has been nrnnifested in a degree eminently honorable by all the loyal States during the present insurrection. In view of this fact, and relying upon the increase and continuance of the same dfaposition on the part of the loyal States,·the President has directed me to invite your consideration to the subject of the importance of perfect-ing the defenses of the State over which you preside, and ask you to snbmit the sub-ject to the considera.tion of the legislature when it shall have assembled. Such pro-ceedings by the State would require only a temporary use of its means. The ex-penditure ought to be made the subject of conference with the Federal Government,. Being thus made, with the concurrence of the Government, for general defense, there is every reason to believe that Congress would sar.;ction what the State should do, and would provide for its reimbursement. Should these suggestions be accepted, the President will direct proper agents of the Federal Government to confer with you, and to superintend, direct, and conduct the prosecution of the system of de-fense of your State. I have the honor to be, sir, Your obedient servant, WILLIAM H. SEWARD. EXHIBIT No. 79 (Part 1). [S. R. 10, Forty-seventh Congress, first session.] December 12, 1881, Mr. Grover asked and, by unanimous consent1 obtained leave to bring in the followingjointresolution; which was read twice and referred to the Com-mittee on Military Affairs. JOINT RESOLUTION to authorize the Secretary of War to ascertain and report to CongresR the amount of money expended and indebtedness assumed by the State of Oregon in repelling invasions, suppressing insurrection and Indian hostilities, enforcing the laws, and protecting the public prop• erty. Resolved by the Senate and House of Representatives of the United States of .America in Congress as1Jembled, That the Secretar.v of War be, an,.rmy, date March _7, 1888 (herewith), that one regiment of cavalry, one regiment of mfantry, and one independent company were raised in the State of Oregon during the_ late war of ~he r~bellion, and th~t the expenses incident thereto were paid by Umted States d1sbursmg officers, stationed at Portland, Oregon, and San Prancisco, Cal., out of the appropriation for collecting, drilling, and organizing volunteers. There is no evidence that the expenses incurred for supplies enumerated on Abstract B and vouchers therewith, or any part thereof, were for the organization named in the report of the Adjutant-General. Indeed· many of the charges are shown to have on account _of Oregon mjlitia, not mustered and received into or actuaUy employed in the service of the Umted States, at the request or under the authority of the Presi-122 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. dent or Secretary of War. The item therefore does not form a proper charge for re-imbursement unde1· act of July 27, 1861. $3,998.46. .Abstract C, Vouchers 1 to 33.-Disallowed .. Claim is for transportation on ordnance, tents, stationery, etc. The item does not form a proper charge for re-imbursement tor reasons stated above, Abstract B and vouchers 1 to 51. · $724.42. .Abstract D, Vouchers 1 to 30.-Disallowed. Claim is for services rendered by various parties making tents, cleaning guns, printing, etc. The item does not form a proper charge for re-imbursement for reasons stated above, Abstract B and vouchers 1 to 51. $2,276.63. .Abstract E, Vouche1·s l to 14.-Disallowed. Claim is for services in adjutant-general's office, clerk hire, etc. The item does not form a proper charge for re-imbursement for reasons stated above, Abstract B, v·ouchers 1 to 51. $805.66. Abstract F, Vouchm·s 1 to 12.-Disallowed. Claim is for postal expenses ad.iutant-general's office, stamps and box-1·ent. The item does not form a proper charge for re-imbursement for rJasons stated above, Ab-stract B, voucher 1. $121.72. .Account current, Item G.-Disallowed. Claim is for interest on $17,836.89. Total expenditure on Abstracts A, B, C, D, E, and F to September 1, 1883. The United States does not pay interest, except in cases where Congress has authorized it in express terms. This rule seems to be generally accepted. It will not be contended by the State that any express authority to allow in-terest is contained in the act of July 27, 1861, and under the rule laid down by the late Attorney-General Black (9 Op., 59) that authority can not be taken by mere inference. Congress alone has power to grant relief. The item does not therefore form a proper charge for re-imbursement under the act July 27, 1861. $24,971.64. .Abstract H.-Disallowed. Claim is for payment made by the State of Oregon (see State act of October 24, 1864)1 on account of bounty bonds it:1sued to.volunteers, $129,041.02, and interest thereon from the date of issue thereof, January 2, 1865, to September 1, 1883, $62,466.45. Total, $191 507.47. The regular pay and allowances to Oregon volunteers i9 the service of the United States at the request or under authority of the President or Secretary of War were paid by the United States. (See report Adjutant-General, U. S. Army, April 3, 1882.) The General Go'\'ernment has made no provision for the re-imbursement of the States on account of extra pay (bounty). Such bounties as were authorized by law were paid by the United States directly to the men authorized to receive them. The item therefore does not form a proper charge for re-im bur ement under the act of July 27, 1 61. The amount of interest charged in this abstract is also disallowed for rea. ons stated above, account current, Item G. 191.507.47, Abstract K. -Disallowecl. Claim i. for payment made by the tate of Oregon (see State act of October 24, 1 l4), on account of relief bonds i ued to volunteer , 90,392.99, and interest thereon from the d te of i ue thereof (January 2, 1 65), to eptember 1, 1 3, 44,745.20. Tota.], , 1:35,1' .19. Th it m do uot form a proper charge for re-imbursement for r ason tat d bove, account cnrr ut, Item G, and Ab tract H. 13.5,1 .19. Ab tl'act L.-Dfsallowed. Clai in adjutant-general' department and r rvi and intere t thereon f money which in good faith have been by them actually paid, to the extent and in the 124 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIM-8. rua.uner and for the purposes authorized by the laws of said States in relation to any of their aforesaid war claims." .. * .. The remainder of the section is devoted to a provision granting such interest to the States named as they shall have paid up to the date of re-imbursement of the princi-pal by the Unit~d States on all moneys which were borrowed by these States for auy of the purposes named in the section quoted. Tile Iegisla.tion of Congress since 1812 shows the recognition of the principle that States should be re-imbursed for expenses incurred or obligations assumed in provid-ing for the general defense of the Republic. Under the act of Congress of July 27, 1861 (12 Stat., 276), the majority of States have been re-imbursed the expenses in-curred for enrolling, subsisting, clothing, arming, equipping, paying, and transport-ing its troops employed in aiding to suppress the insnrrectiou against the Uoited a '' oldiers' r lief fund" for the purpose of paying t th ldi r f th companir of California volunteer raised or thereafter to b rai d for tb rvic of the nited tat s, from the time of their enli tment to the tirn f th ir di· b rg , a um of , ·• per month. But soldiers who were drafted or •nii t d a ub titnt w r xclud d from the ben fit of this act. Payme:Qt under 1h1. a t wa no h . rn ~ . until aft r houorabl di charge, xcept to uch married ull t l m n who bacl fam1l1 I ncling upon them for support. Th m !l y !lrn P. -pencl

Certain California Indian war bonds.

Abstract

Extracted data

Certain California Indian war bonds.

Abstract

Extracted data

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