Circular. Head Quarters, Pacific Division, San Francisco, California, April 1, 849.

New Zealander, Volume 5, Issue 349, 1 September 1849, Page 3

Circular. Head Quarters, Pacific Division, San Francisco, California, April 1, 849.

1 lie Treaty concluded with Mexico, on the 80th May last, brought Upper California within the United States, an ( , of course, wHim the operation of all its laws. But the means of enforcing some of these laws have not been provided by Congress. 'J hus, as the Secretary of the Trensuiy, in his Circular of the 30th of Oc> tober last, observes, " A though Congress have recognized Ca'ifo'nia as part of the Union, and legislated for it as such, yet it is not brought by law within the limits of any collection district, nor has Congress authorised the appointment of any officers to collect the revenue.' The laws of the United States ate in force here, and consequently the revenue and navigation laws are ; though at this moment some part of the machinery necessary to their complete action is wanting. Now the Inw declares that certain goods shall only enter upon having paid the duties prescribed by the Tariff, and when the Secretary says that the Department is unable to collect duties on such, the proper inference is not fas many seem to think,) that the goods can enter without paying duties, but that being unable to pay the duties here, as required by law, they cannot be admitted at all. As many cargoes had been shipped under the wrong impression that they could enter, and there was no American port of entry on the Pacilic to which they could resoit to comply with the law, a case of extreme hardship was presented, which appeared to authorise such a modification as would allow the cargoes to be entered, on depositing the duties to await the action of Congress on the subject ; and so from the want of American vessels on the coast, and fioni the unwillingness of the few in this ocean to ftet|ucnt these ports where the men desert to the gold mines, an absolute neccs ity oi some mediis of transportation existed, which could only be supp'ied by using foieign vessels hat c.ime from the neighbouring coasts. t But both of these modifications of law can be but temporary. '1 here can be no hardship inenfoicing the law on those who are fully aware of all its provisions and their eficct ; and time will doubtless do away with the scarcity of American vessels of small class here. There will be then no ieasons for indulgence, and the suspension ol the strict reinforcement of the law will cease. Even before that time, the Government at Washington, thinking itself not empowered to allow of any such >-uspension|may revoke the indulgence granted, and require a strict adherence to the law, whatever may be the inconvenience to individuals. I think it would be proper, then, to notify all peisons designing to come here from youi port, or its neighbourhood, that they can have no right to count upon any other than the strictest constitution of the law, as in ail o her poits of the United -tates, both as regards cargoes and vessels, and particularly that dutiable goods cannot be entered here at all, unless Congress shall have made piovi^ion for appointing the necessary officers. It wou'd be well also to inform all adventurers coming heie to search for gold, that trespassing on the public lands is punishable by fine and imprisonment, that although the position ot affairs, here incident to the change of government, has hitherto prevented action under these laws, yet the; will be enforced, as soon as thee means arc organised. I should like to be informed of the date of your receipt of tins communication, to be enablt d to judge of the degree of indulgence proper to award to those claim* ing it. (Signed) PERSIFER F. SMITH, Brevet Major-General Comm. nding Division,

To the Editors of the Sydney Morning Herald, GKNTLrMUN,- — In reference to the restrictions placed upon foreign vessels trading to San Francisco, by the laws of the Aniei tcan Custom House, we beg to info un you that we are cognizant (in consequence jof Tahiti being a free port) tint the flag of that Government bears the seme advantages as the American for all trading purposes at Cal:forni<i, and that vesseli gai'ing under thete colours were not only exempt from the harbour dues of one do'Lir per ton, but further thdt they were the only foreign vesseU allowed to proceed to the Sacrnmento. W e are, gentlemen, Your most obedient servants, MoNTEFIORE, GaAHAM. AND Co. The following vesieli, beaiing the Tahiti flag, were trading between San Francisco and Stockton (150 miles up the rJrer), the Currency Lass, Papeitf, and Aiih. Sydney, August 7, 1849.