War of the Rebellion: Serial 086 Page 0773 Chapter LIII. CORRESPONDENCE, ETC.- UNION.

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in this Territory wherever they have an opportunity. You will perceive that in answer to my first communication F. A. Romstedt, purporting to be a lieutenant-colonel of the Mexican army, stated that his mission was to me, and that it was of a "diplomatic character."

Believing I had no authority to enter into any transaction of a political character, fearful of complicating my Government, informed of their combinations with the party referred to above (supposed to be from the rebel States), I refused, as my second letter shows, to hold any private interview, in the absence of instructions from my commanding officer, though willing to accept any communications in writing, to save my responsibility and avoid misconstructions upon the matter. As the documents inclosed will show, I requested to know their mission, design, or intentions, and by whose authority, order, or permission they had entered upon American territory with an armed force. The communication of F. A. Romstedt, directed to me, states that he sent two men before crossing the line, requesting permission to pass, and that permission was duly granted, when he encamped at Potrero, two miles from Calabazas. Neither myself nor my vedette stationed at Calabazas were made aware of the presence of said armed forces within this Territory until they were camped at Potrero, ten miles this side of the boundary line, from which place sid armed force sent two men asking permission of my vedette at Calabazas to pass on, upon which my vedettes answered that they could not give permission, but would inform me of the fact. On being informed I sent my first communication, and not until the force had left was I made aware by their last communication that they had any written document for me from the Governor of Sonora. I then directed to them communication Numbers 5, which, as I stated before, failed to reach them. I felt the more delicate upon this affair by creditable representations made to me, describing the State of Sonora on the brink of being invaded, and, being prompted by a sincere desire to avoid, by all possible means in my power, complicating by any act of mine the international relations between the two nations which the future may give birth to, I deemed it prudent and proper to pursue the line of conduct herein set forth. I trust, sir, that my course in this affair will be considered proper by the general commanding, and any error committed be attributed to the peculiar and unusual features involved in this question. Conscious how grave and important these matters are, I must respectfully request of the general commanding instructions upon this and subsequent matters of a similar character.

Very respectfully, your obedient servant,

JNO. L. MERRIAM,

Captain First California Cavalry, Commanding Post.

[Inclosure Numbers 1.]

HEADQUARTERS,

Tubac, Ariz. Terr., December 3, 1864.

TO THE OFFICER COMMANDING AN ARMED FORCE

ENCAMPED NEAR CALABAZAS:

SIR: I am informed by my picket station at Calabazas that you have with an armed force entered into and upon U. S. territory, and I ma not at this present time advised of your design,intentions, or mission. I respectfully require you to explain fully to me, as military commander of this post, in writing, what you mission, design, or intentions