It being impossible for our tired horses to go farther, suffering for the want of food, barely living upon sprouts of the mesquit tree, and there being no water at the places I have named-frequently 30 and 50 miles apart-and learning that a number of Mexican officers with 30 to 40 men were concealed near San Antonio, I determined to return, and on the 6th I ordered Lieutenant Pendleton to take the road by "Agua Colorado," while I took that to "San Ilarius," and to meet at "Coneja," where the roads join. On the 7th I learned that two Mexican soldiers were concealed about the premises of Don Juan Gomez De Ayer, a Portuguese, living at San Ilarius. He denied any knowledge of them until he was placed in arrest and ordered to be taken to La Paz, when he had them produced. One of them had been wounded at San Jose. and On the morning of the 8th we reached Coneja, 40 miles, and Lieutenant Pendleton joined me and brought one prisoner that one of his patrols had taken near Agua Colorado. On the 9th we entered Cunano, 18 miles. Here, as at Coneja, both on the Pacific coast, we found a little very brackish water some salt grass of two years' standing, there having been no rain during that time. We learned that there had passed, in all, about 90 persons during the 2d and 3d; that none had passed since; that the greater part of these had been driven from the other roads in consequence of our close pursuit, and they were so much pressed, knowing they would receive no quarter, that many of them had thrown away their arms. On the morning of the 10th we entered Carisalle, 45 miles, without water or grass, and hearing of the surprise of the Mexicans near San Antonio by Lieutenant Selden, of the Cyane, we rested our tired men and animals during the 11th, and on the 12th returned to La Paz, and Lieutenant Pendleton and Sergeant Roach on the 14th, the former bringing three and the latter two prisoners. Although not so fortunate as to come in close contact with many of the enemy, we have at least succeeded in preventing any reunion and in keeping them moving toward Loretto and Mulige, toward which points they have proceeded with the most astonishing rapidity. Since the evening of the 31st of March we have passed over all the road and searched all the ranchos between Todos Santos and La Paz, and as far north as Punification, and cleared that part of the country with the ruin that threatened to destroy its vitality. During the pursuit we have traveled 350 miles over a road—or rather a path, for there are nothing but narrow mule paths in any of Lower California-through a worthless waste of sandy, rocky country, literally covered with the cactus and various species of leafless thorn bushes so closely matted together that none but a Californian with his leather clothes and armor on can pass through them. The sun was so hot that we could not travel under it, and there was no water except at the places named, which was frequently so brackish that the thirst was increased more than diminished. At these places we found one, and never more than two, miserable huts, in which the occupants barely existed upon some milk and meat, and the cattle so exceedingly poor that they could hardly sustain their frames. My command suffered much from the burning sun, dust, and the want of their full rations, living upon nothing but hard bread and fresh beef, and more than half the time upon the latter alone. I have the honor to be, very respectfully, your obedient servant, HENRY S. BURTON, To all whom it may concern: Know ye that authority is hereby given, and the authorities and rancheros are hereby required, to arrest, and in the arrest to use any force that may be required, even to the taking of life, in order to bring to immediate punishment, a number of banditti who are known by the name of Taquies, and who have committed robbery, arson, murder, and rape, and are now committing the most infamous crimes through the whole country, and in consequence of which they have been declared outlaws and their lives forfeited. Any prisoners that may be taken will be delivered to the nearest United States forces, and any lives that may be necessarily taken under this authority will be reported to the commanding officer of the United States forces at La Paz. Given under my hand at Junta, Lower California, this 5th day of April, A. D. 1848. HENRY M. NAGLEE, Captain, First New York Regiment, Commanding Detachment New York Volunteers. (To the authorities and rancheros at Cayote, Punification, etc., to Mulige.) LA PAZ, LOWER CALIFORNIA, April 17, 1848. SIR: I have the honor to send you herewith (in duplicate) returns for this post for the months of January, February, and March, 1848, and a copy of the written orders issued during the same period. I am happy to report that the defeat and dispersion of the enemy on the 30th ultimo has been complete, and seems to have concluded the insurrection here. The southern part of the peninsula is perfectly quiet. It is rumored that a party of the enemy has reunited at Mulige, but not in sufficient force to be effective. The present force in Lower California is thought to be sufficient to keep the country quiet, provided our squadron can prevent communication with the coast of Mexico for the purpose of bringing over arms, ammunition, and men. To-morrow nine prisoners of war, among them Manuel Pineda, the late Mexican commander in this country, and the reverend padre, Gabriel Gonzales, with his sons, will be sent to Mazatlan. Acting Assistant Adjutant-General, Tenth Military Department. INDEX. Prepared by FRANK L. JOANNINI, of the Insular Division, War Department. [References are to pages.] A. Abacá: export duty on, in the Philippines: 218. Absorbtion: of Texas: 38. Acquisition of territory: by the United States, right of, an inherent right of sovereignty: 66, 82. treaty-making power: 82, 94. by discovery and occupation, etc.: 51. for conversion into States: 81. of islands from Spain, report on legal status of: 37 et seq. confirmed by cession by treaty: 94. powers of governing newly acquired territory by United States: 66. right of United States to acquire: 66, 94, 108. methods of: 51. questions relating to, in United States, belonging to political department: 47. Acts, reconstruction (see Reconstruction acts): nonintercourse: 220, 221. Adams, John Quincy: action on controversy between Andrew Jackson and Judge Fromentin: 139. Administration: of estates of deceased persons in Cuba, etc. (See Collector of customs; Marti Admiralty matters: courts can not be established by President in conquered territory: 22. courts in Porto Rico can not be granted jurisdiction by President in: 30. jurisdiction, in what courts exercisable: 95, 267, 268 (See Confiscation; Captures.) Admittance (American vessel): seizure of, during Mexican war: 22. condemnation of, as lawful prize: 22. libel filed against captain of war vessel: 22. opinion of court on: 22. Ahern, Capt. Geo. P.: in charge of forestry bureau in the Philippines, report of: 607. Akaba, the: case of: 420. Alabama: creation of State of: 44. how territory of, acquired: 44. inhabitants of, declared in a state of insurrection: 253. laws of, relating to treason, etc.: 671. Alaska: discussion in Congress on appropriations for purchase of: 39-40, 152–157. acquisition of, by United States, by treaty with Russia, 1867: 42, 84. title of the soil vested in the United States by ratification of treaty with Russia, 1867: 42. powers of Congress over: 61, 88. laws made operative in: 80. is unorganized territory: 80. governed by Congressional legislation: 88. proceedings in Congress on bill providing for purchase price of: 151. treaty for purchase of, proclaimed: 170. extension of customs and other laws over: 170. Alfonso XII (Spanish war vessel): disposition of wreck of: 556 et seq. (See Vessels.) Alguacil mayor. (See High sheriff.) Alienation of public property: laws relating to, pass away with surrendered sovereignty: 27. (See Property, public.) Aliens: domicil, how acquired: 118. citizenship can not be conferred by President and Senate on: 126. how citizenship may be acquired in the United States: 119. naturalization of: 119. protection of, against acts of foreign Governments; Koszta's case: 118. (See Allegiance; Citizenship.) allegiance due from: 115. can not present claims against the United States to Congress: 340. claims of, for unliquidated damages against the United States must be presented to State Department: 339, 409. rule of Congress regarding consideration of claims of: 340, 409. letter of Hamilton Fish regarding claims of: 340, 413. must address Government through diplomatic representatives of their own Gov- domiciled in belligerent country must share in fortunes of war: 341. sovereign not responsible to, for injuries from belligerent action or insurgents: 344. Government liable for injury inflicted on, through its negligence: 344. (See Claims.) Allegiance: all powers of government rest upon: 114. there can be no government without: 114. must not be confounded with citizenship: 114. is created by the consent of the individual: 114. derivation of: 114. acquired: 114. Allegiance-Continued. local or actual, defined: 115. natural, originally perpetual: 115. right to transfer, an inherent right of man: 116, 477. correlative of, is protection: 118. citizenship is not necessary resultant of acknowledgment of: 118. report on right of Spain to accept renewal of, etc.: 173. of inhabitants of islands affected by treaty of 1898 with Spain: 173. how American citizenship may be acquired: 119. rights of English subjects in American colonies: 116. right of inhabitants of Alsace and Lorraine to retain, to France: 475. (See Citizenship; Aliens.) Alliance: treaties of, not binding upon new State formed by separation: 190, 303, 327, 639. right of inhabitants of, to retain allegiance to France: 475. American civil war: President's proclamation blockading Southern ports: 220. cotton and other articles treated as contraband: 222. end of, as regards private rights: 17,363. public matters: 17,363, 364. American Commission at Paris, 1898: action of, regarding contract obligations: 183. position taken by, etc., must be supported by coordinate branches of Govern- position taken by, regarding Cuban bonds issued by Spain: 192. sovereignty of United States over Philippines: 247. declaration of, regarding open door in the Philippines: 331. American Insurance Company v. Canter: question involved in: 95. arguments, etc.: 93 et seq. opinion of Johnson, J.: 93. views of Marshall, Ch. J.: 94. American Mail Steamship Company: claim of, for services in towing United States transport McPherson, report on: 414. what to be considered in settling claim of: 420–421. (See Salvage.) American Publishing Co. v. Fisher: views of Brewer, J., on right of trial by jury in District of Columbia: 111. of territory. (See Acquisition of territory; Territory.) of Hawaiian Islands: 42. Appropriation: for expenses in marking, etc., boundary line between United States and Mexico: for purchase of Louisiana. (See Treaty; Louisiana.) for purchase of Alaska, discussion in Congress: 39-40, 152-157. Arcos, Duke of: Spanish minister at Washington, letter transmitting memorandum of claim of José Cagigas: 528. (See Cagigas, José.) |