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I have no other news to communicate except that the country has been well cleared of its cursed vermin, and that there are not half a dozen Taquies south of Punification. I have 5 prisoners with me, but shall shoot 2 of them when near La Paz, in sight of the ruin that they have caused. I have sent with this a note to Lieutenant Penrose for 150 rations of hard bread and 150 rations of coffee. Mr. Pendleton will not get here before to-night and will not be able leave here before to-morrow evening.

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LA PAZ, LOWER CALIFORNIA, April 11, 1848.

SIR: In your unofficial note of to-day you mention your intention of shooting two of your prisoners when near La Paz, in sight of the ruin they have caused. I am under the impression that your instructions will not admit of this course. You will therefore bring all of your prisoners to La Paz.

I am, sir, with much respect, your obedient servant,

Capt. H. M. NAGLEE,

HENRY S. BURTON,

Lieutenant-Colonel, New York Volunteers, Commanding. }

New York Volunteers.

A true copy.

W. T. SHERMAN,

First Lieutenant, Third Artillery, Acting Assistant Adjutant-General.

HEADQUARTERS FIRST DETACHMENT NEW YORK VOLUNTEERS,
Todos Santos, March 31, 1848.

SIR: You will leave this place this afternoon at 4 o'clock, with the mounted men from your company, for the "Cunano," distant about 50 miles, on the road to Magdalena Bay, for the purpose of intercepting any of the enemy's forces which may move in that direction. On arriving at that place you will be guided in the course then to be pursued by such information as you may obtain, it being the object to follow and cut up the scattered forces of the enemy wherever they may be found. And even before reaching “Cunano" you will be at liberty to change your direction if, in your opinion, circumstances justify you in doing so. If you should not again join the main body, you will proceed to La Paz after having accomplished, so far as you may be able, the object indicated above. The movements of the main body will depend entirely upon the information respecting the enemy's position; but it is hoped that you may be able to communicate to headquarters anything you may learn of the enemy's operations. In your treatment of the Taquies you will be governed by General Orders, No. 372, of 1847, of General Scott's, regarding them as robbers and murderers who are bound by no civilized rules of warfare.

I am, sir, very respectfully, your obedient servant,

HENRY S. BURTON, Lieutenant-Colonel First New York Volunteers, Commanding.

Capt. H. M. NAGLEE,

First New York Volunteers.

The undersigned would respectfully report that he received the above order at 4 o'clock p. m. on the 31st of March, and at 5 o'clock p. m., with 50 men, left Todos Santos to pursue the enemy. We had scarcely commenced our march when it was discovered that the guide upon whom we were most trusting for our information, and who resided at "Cunano," had not joined us. The interpreter was sent back to advise you of this fact, but nevertheless this guide did not join us. When near the mouth of the arroyo Muelle we were informed that Jose Rosa Merina, a Mexican officer, with 16 men, and Colegial, the Taqui chief, with 26 Indians, had gone toward "Carisalle" to wait for others to join them. We were informed that the distance to Cunano was 55 miles, by a heavy sandy road, without a habitation or drop of water. We had but three days' provisions, and the animals, although they had rested twenty-four hours, had filled themselves with the stocks of the green corn and sugar cane and were not in a condition to travel the road to "Cunano." I therefore concluded to take the road to "Carisalle," and thence by the road to "Aripes," near La Paz, where I could order in advance an additional supply of provisions, and proceed to San Ilarius and "Aqua Colorado," where all the enemy must necessarily pass who were retreating toward “Mulige.”

On the morning of the 1st of April we reached “Carisalle," 36 miles from "Todos Santos," but were disappointed in learning that the forces above referred to had passed during the night without stopping, and a few hours afterwards, while the men were sleeping, a small party of cavalry made their appearance and were pursued, but they ran into the cactac, and it was impossible to follow them. At 6 p. m. we were mounted, and followed the trail of the previous night for about 6 miles, when it left the road and entered the cactac, and we afterwards learned they had been advised of our pursuit and changed their route.

On the morning of the 2d we arrived at the "Aripes," and were here detained unnecessarily twenty-four hours waiting for a detachment that had been dispatched in advance for provisions. They returned on the 3d and reported the capture of two Mexican soldiers at Refugio. During the 3d we passed through "Rodrigues, El Caxon de los Reys,” and at midnight reached "Los Reys."

On the evening of the 4th we arrived at Guadalupe, and, leaving 25 men with Lieutenant Pendleton, with the remainder we pressed forward for "San Ilarius." When within 9 miles of that place we were informed that a party of 50 Taquies had passed from "San Ilarius" to "La Junta," and we at once turned in that direction. At 4 p. m. of the 5th, after having searched all the places where the Indians would have stopped, we approached the last hut, and the only one of the four in "La Junta" that had not been deserted, and discovered the fires of the Indians, which were 200 yards from the house and on the other side of a lagoon, around which it was necessary to pass. We dismounted, and with 15 men were in the act of surrounding them, when one of the guides discharged his musket, which awakened the Indians. We charged in upon them, but it was too dark to use powder and ball, and they made their escape. We, however, succeeded in capturing all their horses, arms, and ammunition and in taking two prisoners, which were afterwards ordered to be shot.

In consequence of the outrages that this band of Indians were committing and the impossibility of my overtaking them (for I could not obtain fresh horses), I considered some extraordinary effort absolutely necessary to drive them out of the country and at the same time to reassure the "rancheros," who were so much intimidated by the diabolical acts of these villains that many of them had left their houses and concealed their families and the little property they could carry with them in the mountains. I therefore called upon the authorities and rancheros (see the copy attached) to arrest them in their flight, and sent a detachment of a sergeant and 9 men, in company with Don Juan de Dios and Don Questis, responsible Mexican friends, to pursue the Indians as far as "Punification."

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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.

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 and 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 M. NAGLEE,
Captain, First New York Regiment, Commanding Detachment.

HENRY S. BURTON,
Lieutenant-Colonel First New York Regiment, Commanding, etc.

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.

Lieut. W. T. SHERMAN,

HENRY S. BURTON,

Lieutenant-Colonel, New York Volunteers.

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.
incidental to power to make war: 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.
(See Territory.)

Acts, reconstruction (see Reconstruction acts):

nonintercourse: 220, 221.

Adams, John Quincy:

action on controversy between Andrew Jackson and Judge Fromentin: 139.
declaration that Constitution, etc., does not extend er propio vigore over newly
acquired territory: 140.

Administration:

of estates of deceased persons in Cuba, etc. (See Collector of customs; Marti
y Buguet; Dubuque, Jacob.)

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.

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