War of the Rebellion: Serial 106 Page 0158 OPERATIONS ON THE PACIFIC COAST. Chapter LXII.

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pounds per animal, if practicable. Keep me advised of the probable time when these companies will move, and I will endeavor to have the paymaster (expected here on the 13th instant) go down and pay them off. Send the extract of same order referring to Captain Pishon's company to Lieutenant Wardwell; also that for the latter officer. Instruct Lieutenant Wardwell to throw out a picket after Captain Pishon's return of three men daily from three to five miles below his camp, locating them at some prominent point. Direct him to observe the utmost watchfulness, as he will then be the extreme outpost between us and the enemy. If they do approach, their first efforts will undoubtedly be to steal his horses. This must be strictly guarded against. Stimulate Lieutenant Wardwell's precaution and zeal to prevent our being surprised.

I am, captain, your obedient servant,


Colonel First Infantry California Volunteers, Commanding.


Fort Vancouver, Wash. Ter., October 8, 1862.

J. J. McGILVRA, Esq.,

U. S. Attorney for Washington Territory, Walla Walla:

SIR: I have the acknowledge the reception of your communication of the 27th ultimo. I have not in any instructions from this office designed to interpret the laws for any other department of the Government but the military. Any interpretation which the civil officers of the Government may place upon them it is in their power to carry out. I did not deem it advisable as a practical question that the military should originate or institute proceedings in certain impracticable cases under the act of 13th of February, 1862. It is the first duty of the military to defend the frontiers. It should also, as far as it can, aid the civil authority. If you in the discharge of your duty choose to institute any proceedings under the laws, and if the marshal in obeying the mandate of the magistrate cannot get a sufficient civil posse, and calls upon the military, we are bound to assist him. This is the general rules. Any exception would grow out of extraordinary circumstances. It was reported to me by the inhabitants that the commanding officer at Fort Colville had arrested a white man in whose possession liquor was found, who was passing through the country of Spokane. It became a question whether I should authorize a conflict with the Territorial authorities who had organized a county and extended their laws over it. I knew that Judge Oliphant had held court at Colville. I said to Major Rumrill, "As we do not undertake to prevent the transit and mining of the whites, it is idle to prevent liquor being sent to or sold to them. The laws of the Territory must govern in these matters. " I meant by this, perfect submission to the laws of the land. If the laws of the Territory are in conflict with the laws of Congress or the Constitution of the United States, theoid, and are, in point of fact, no laws. I did not dream of putting these laws superior to the laws of Congress. I have enjoined in the strongest terms the enforcement of the laws against the sale of liquor to Indians and the destroying of liquor in the hands of those who sell to them. The fact of 13th of February applies in that respect to the whole Territory, leaving no ground to raise the question of what is "Indian country. " I have notified the commander that they