be insufficient the said treasurer shall make up the deficiency from the general fund, and in the event of the insufficiency of the generd trasurer iis authorized and requiired to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the credit of the State. And in case there should at any time be in the fund created by this act for the payment of saiid interest and redemption of said bonds any surplus moneys not needed for the payment of said interests or the redemption of any bonds, it shall be the duty of the treasurer of State to transfer such surplus moneys to the general fund of this State. Said bonds shall be redeemed and the interest paiid in the gold and silver coin of the United States.
Approved, October 24, 1864.
SUBSISTENCE OFFICE, U. S. ARMY,
Sansome Street, San Francisco, Cal., October 25, 1864.
Lieutenant Colonel RICHARD C. DRUM,
Asst. Adjt. General, Department of the Pacific, San Francisco:
COLONEL: I have the honor to return herewith the letter you referred to me September 30, which was addressed by Captain William Kelly, First Cavalry Oregon Volunteers, commanding Fort Klamath, Oreg., to the acting assistant adjutant-general, District of California, September 8, stating that he had directed the actiing commissary of subsistence of that post to sell to such of certain emigrants who had just arrived there destiitute of provisions as could buy, and give to those who could not, as much as would subsist them to Rogue River Valley, "there beiing no other place in the valley where it could be procured, " and which was indorsed September 16 by Brigadier lGeneral G. Wright, commanding District of California, as follows: "I recommend that the issue be approved. I shall direct Captain Kelly not to sell or give provisions to emiigrants except iin extreme cases. Emiigrants mus not expect the Government to supply them unless some great calamiity has befallen them. " I have indorsed upon it, October 1, the following: "Respectfully returned. There is no authority in the subsistence regulations for giving or selling subsistence stores to citizens not employed by the Government. This is the second time Captain Kelly has come to the relief of indiigence at the expense of the Government without authority. I would recommend that the issue be disapproved. " My indorsement is in accordance with the regulations of the present day, but it is believed that old regulations or orders authorized commanidng officers in like cases to that reported by Captain Kelly to issue and sell, or at least to sell, subsistence stores to destiitute emigrants when they could not otherwice procure food.
There iis certainly much claim, on the score of humanity, that the discreet exercise of such authority should be permitted. Instances arise, though happily they are rare, when emigrant partiies fail to supply themselves with enough food to subsist them through to their destination, or to a place where they can replenish their supply, the failure being due to an imperfect knowledge of the duration of the journey undertaken (which may be protracted by sickness) and its vicissitudes, or sometimes to the mistaken ideas of the distance from theirof places where they can replenish when neariing their destination, by which the6y intend to ssave in means of transportation and in liability to loss of stores by accident on the way. Emigrant partiies, too, who have started wiith full supplies, may be attacked or robbed by Indians of both money and provisions, or lose stores by any of the numerous