fuel, grass, and water. I trust, sir, the views I have hastily expressed will meet your concurrence, and that you will present to General Johnston, commanding this department, the urgent necessity of carrying the stipulations of the agreement into effect, and of ordering the mili tary force stipulated for into the Nez Percé country at the earliest practicable moment. Permit me to say that severe illness, confining me to my room for several days, has prevented me from laying this subject before you at an earlier day. Very respectfully, your obedient servant, EDWARD R. GEARY, Superintendent of Indian Affairs. [Indorsement.] HEADQUARTERS DISTRICT OF OREGON, Fort Vancouver, Wash. Ter., April 24, 1861. Respectfully forwarded to the headquarters of the Department of the Pacific. It is recommended that the request of the superintendent of Indian affairs be complied with. G. WRIGHT, Colonel Ninth Infantry, Commanding. [Inclosure.] Articles of agreement made this 10th day of April, 1861, between Edward R. Geary, superintendent of Indian affairs for Oregon and Washington Territory, and A. J. Cain, agent for the Nez Percés in behalf of the United States, and the chiefs and head men of the Nez Percés in behalf of the said nation, said parties acting in accordance with authority vested in them by the second article of the treaty between the United States and the Nez Pérces nation, of the 11th of June, 1855. 1. That portion of the Nez Percé Reservation lying north of the Snake and Clear Water Rivers, the South Fork of Clear Water, and the trail from said South Fork by the Weipe Root Ground, across the Bitter Root Mountains, is hereby opened to the whites in common with the Indians for mining purposes; provided, however, that the root grounds and agricultural tracts in said districts shall in no case be taken or occupied by the whites, but shall remain for the exclusive use and benefit of the Indians. 2. No white person other than those in the service of the United States shall be permitted to reside upon or occupy any portion of the Nez Percé Reservation south of the line above described without the consent of the superintendent, agent, and tribe, except that the right of way to the mining district north of the said described line may cross Snake River at any eligible point below the mouth of Clear Water. 3. The entire portion of the Nez Percé Reservation thus hereby opened to the whites for mining purposes shall in all respects be subject to the laws of the United States regulating trade and intercourse in the Indian country, and no person shall be permitted to trade therein without obtaining license and giving bond as provided by law. 4. It is furthermore agreed on the part of the United States that a sufficient military force shall be placed on the reservation to preserve the quiet of the country and protect the Nez Percés in the rights secured to them by treaty and these articles of agreement. In testimony whereof we have hereunto set our hands this day and year aforesaid at Lapwai, Nez Percé Reservation, the Territory of Washington. EDWARD R. GEARY, Superintendent Indian Affairs, Oregon and Washington. A. J. CAIN, U. S. Indian Agent, Washington Territory. [Signed on the part of the Indians by Lawyer, head chief of the Nez Percé nation, and forty-nine chiefs and head men.] ORDERS, HEADQUARTERS DEPARTMENT OF THE PACIFIC, San Francisco, April 25, 1861. In compliance with Special Orders, No. 86, dated War Department, Adjutant-General's Office, Washington, March 23, 1861, I hereby assume command of this department. All concerned will govern themselves accordingly. E. V. SUMNER, Brigadier-General, U. S. Army. HEADQUARTERS DEPARTMENT OF THE PACIFIC, Col. GEORGE WRIGHT, San Francisco, April 25, 1861. Ninth Infantry, Comdg. District of Oregon, Fort Vancouver: Brigadier-General Sumner, commanding the department, directs you to send the light battery of the Third Artillery, guns, horses, and men, by the first steamer to this place. Lieutenant-Colonel Swords will prepare transportation. I am, sir, very respectfully, your obedient servant, W. W. MACKALL, Assistant Adjutant-General. HEADQUARTERS, ORDERS, No. 21. Fort Walla Walla, Wash. Ter., April 25, 1861. Capt. A. J. Smith, with his company (C), First Dragoons, will leave this post on Monday, the 29th instant, and proceed to establish himself on the Nez Percé Reservation at the most suitable point for carrying out the arrangement recently made by the Indians and Superintendent Geary, and also for enforcing the intercourse law. The company will be supplied with thirty days' rations and an ample supply of ammunition. The assistant quartermaster will furnish the necessary transportation. By order of Major Steen: JAMES WHEELER, JR., Second Lieutenant, First Dragoons, Post Adjutant. SPECIAL ORDERS, Į HDQRS. DEPARTMENT OF THE PACIFIC, No. 64. San Francisco, April 26, 1861. The detachment of Sappers and Miners, under Lieutenant Casey, will proceed to Alcatraz Island to-day and be reported to the commanding officer for duty. Major Allen, assistant quartermaster, will furnish transportation. By command of Brigadier-General Sumner: W. W. MACKALL, Assistant Adjutant-General. SPECIAL ORDERS, HDQRS. DEPARTMENT OF THE PACIFIC, W. W. MACKALL, Assistant Adjutant-General. HEADQUARTERS FIRST CALIFORNIA REGIMENT, Hon. SIMON CAMERON, Secretary of War: SIR: Acting on the inclosed, I have organized an infantry regiment substantially on the basis of the New York laws. I respectfully ask the Department to accept their services. Nothing can be more just to the sentiments of California and Oregon or do more to keep them loyal and patriotic. I have taken the liberty to inclose what I suppose to be such instructions and authority as the case requires. Be pleased, sir, to remember that we have no executive officers through whom we can act, and 1 shall therefore require such authority as I suggest. The men are pressing me every hour, and I shall soon make them efficient. I trust I need not say that I will use every precaution to limit the expense of equipment within reasonable military bounds. I hope you will see the importance of this measure in a political as well as military view. Will you be pleased also to communicate a Yes or No by telegraph to my address, Astor House? With great respect, your obedient servant, [Indorsement.] E. D. BAKER. I most cordially concur in raising the regiment suggested by Senator Baker, and I hope this patriotic movement will be authorized. [Inclosure.] JOHN E. WOOL, Hon. E. D. BAKER, New York: NEW YORK CITY, April 27, 1861. SIR: A meeting of citizens of California and others, former residents of that State, was held in this city on the 21st instant. There were present between 200 and 300 persons, who comprised a large majority of those Californians now in New York and those who have lately been at Washington. The object of the meeting was to give expression to the feeling of confidence in our Administration, which animates us equally with our brothers in the Atlantic States, and to devise a method in which we can most effectually strengthen the hands of Government and aid in crushing out the rebellion in our midst. We desired to also claim for California her proper share of the duty as well as honor of upholding and preserving the American flag and the integrity of the union of the States. It was there resolved to raise and offer to the Government a California regiment, to be composed as far as possible of persons at some time residents of California. It was also unanimously resolved that you be requested to accept the colonelcy of the regiment. Up to this time the organization has been vigorously pushed, and about 600 men have been enrolled and are now under drill by competent instructors, and we hope within the next forty-eight hours to be able to apprise you that the full complement of men is enrolled and ready to be mustered into service. As the chairman of our meeting, and instructed to acquaint you with their wishes, in their name, I beg you to accept the position named, and add your name and weight of character to our offering. I have the honor to subscribe myself, your most obedient servant, J. C. BIRDSEYE. SPECIAL ORDERS, No. 67. HDQRS. DEPARTMENT OF THE PACIFIC, 1. Lieut. Thomas L. Casey, engineers, is relieved from duty with the Sappers and Miners, and will proceed to West Point, N. Y. By command of Brigadier-General Sumner: W. W. MACKALL, Assistant Adjutant-General. HEADQUARTERS DEPARTMENT OF THE PACIFIC, Capt. J. B. MOORE, Commanding National Guard, California State Militia: CAPTAIN: General Sumner acknowledges the receipt of the patriotic offer of the National Guard, California State Militia, to serve as a garrison at Fort Point. For this offer he begs you to accept for yourself and present to your company his thanks. Fortunately, the national troops are now sufficient to guard all the property of the United States on this coast, and he therefore respectfully declines the offer. I have the honor to be, sir, very respectfully, your obedient servant, W. W. MACKALL, Assistant Adjutant-General. HEADQUARTERS DEPARTMENT OF THE PACIFIC, Lieut. Col. E. D. TOWNSEND, San Francisco, April 28, 1861. Assistant Adjutant-General, Headquarters Army: COLONEL: I have the honor to report that I arrived here on the 24th instant, and on the 25th relieved General Johnston in the command of this department. My departure from New York was not known here till the night before my arrival. It gives me pleasure to state that the command was turned over to me in good order. General Johnston had forwarded his resignation before I arrived, but he continued to hold the command, and was carrying out the orders of the Government. I have determined to re-enforce immediately and strongly the forts in this barbor, and have ordered down three companies of artillery (including the battery) from Fort Vancouver. I have also taken the liberty to detain the detachment of twenty-nine Sappers and Miners. I trust the General-in-Chief will not disapprove of this. My intention is to put 400 men on Alcatraz Island, 150 at Fort Point, and place the battery at the depot at Benicia, in addition to the two infantry companies now there. These troops will all be supplied with six months' provisions, and additional arrangements will be made for water where it is necessary, so that they will be independent and secure for six months, and will hold the entire control of the entrance to the harbor. I think this disposition of the troops will not only secure the Government property, but will have the effect to foreclose at once all hopes on the part of the disaffected of their ever being able to precipitate matters here by seizing forts and arsenals. There is a strong Union feeling with the majority of the people of this State, but the secessionists are much the most active and zealous party, which gives them more influence than they ought to have from their numbers. I have no doubt but there is some deep scheming to draw California into the secession movement; in the first place as the "Republic of the Pacific,” expecting afterward to induce her to join the Southern Confederacy. The troops now here will hold their positions and all the Government property, but if there should be a general uprising of the people, they could not, of course, put it down. I think the course of events at the East will control events here. So long as the General Government is sustained and holds the capital the secessionists can not carry this State out of the Union. I would respectfully say to the General-in-Chief that after my arrangements are completed— and they will be in two weeks-if he should think proper to authorize me to place Colonel Wright here in command of the department everything will be secure; and, if my services should be wanted elsewhere, I could be withdrawn from this department without detriment to the public service. Very respectfully, your obedient servant, É. V. SUMNER, Brigadier General, U. S. Army, Commanding. FORT GASTON, CAL., April 28, 1861. Maj. W. W. MACKALL, U. S. Army, Asst. Adjt. Gen., Hdqrs. Dept. of the Pacific, San Francisco, Cal.: MAJOR: I have the honor to report that in compliance with instructions received from your office, dated March 25, 1861, I have this day ordered a detachment, consisting of two non-commissioned officers and twenty-seven privates of Company B, Fourth Infantry, and eight volunteer guides, to proceed from this post to Pardee's old ranch via the South Fork of the Trinity River. From that place the sergeant commanding the detachment has instructions to march in any direction (keeping the general's letter of instructions in view) his guides may suggest I have also given him instructions that in case depredations are committed in the section of country through which he marches with his command to take prompt measures to pursue and capture the depredators; and if the fact of their guilt can be clearly stained to punish the whole |