must retain her original manifest and require of her a new one, (vide articles 1 and 18 of the tariff regulations,) setting forth the amount of cargo with which she leaves your port. This ought to have been done at Santa Barbara, where the penalties incurred should have been imposed. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 21, 1848. SIR: I have to acknowledge the receipt of your letter of the 11th instant relating to police regulations at Santa Barbara, and also your letter of the same date, and the accompanying papers, relating to the military contribution imposed on that town. Your proceedings are entirely approved. In imposing this contribution, it was known that many innocent persons would be made to suffer for the acts of others; but, as it was impossible to distinguish between individuals, all were required to pay their quota. The contribution was upon the town, not upon individuals, and no one should consider himself as individually suspected of the crime, because, as a citizen of Santa Barbara, he is made to pay for the acts of that town. At the time of imposing this contribution, the governor had every reason to believe that the gun had been removed by some of the inhabitants of Santa Babara; but, as you think otherwise, he now directs that the money be retained in deposite by the acting assistant quartermaster, to be paid back again to the town as soon as proof is sent to headquarters that the act was not committed by any of the inhabitants, or, if by them, as soon as the guilty individuals are made known. The governor hopes that the people of Santa Barbara will assist him in his efforts to discover the real perpetrators of the act; but in the mean time each one must pay over his own part of the contribution, for all the citizens of a town are responsible for the acts of that town till the guilty individuals are pointed out. This is the law in many civil cases, and always the rule in war. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State.. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: It appears from information received at this office that the "Joven Guipuscuana" arrived at the port of Santa Barbara from Callao on the 9th of June last, with a manifest not certified to as required by the tariff regulations, (vide page 14 Bibby's pamphlet;) that the penalty required by the regulations was not imposed; and that the vessel was allowed to sail with her original manifest, which ought to have been retained and a new one given, as required by articles 1 and 18 of the tariff regulations. (See also articles 7 and 10.) The governor directs me to call your attention to that part of his letter of April 28 to Captain Folsom relating to the verification of invoices, (a copy of which was furnished you,) and to say that he is unable to account for so manifest a neglect of duty on the part of the collector of the port of Santa Barbara, as not to impose upon the "Guipuscuana" the penalty she incurred. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain F. J. Lippett, STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 22, 1848. SIR: Your letter of the 11th instant relating to the missions of San Buenaventura and Santa Barbara has been received. It appears from the contract (a copy of which is in this office) entered into by Nicholas A. Dew and Daniel A. Hill, that they have rented the mission of Santa Bar bara for nine years from the 1st of January, 1846; for which they are to pay $1,200 per annum. With the mission are also rented all its selfmovable property and appurtenances, of which there was given an “inventory of delivery." The governor directs that you will endeavor to procure the original or certified copies of these inventories and of the bonds given by the renters; and also to ascertain whether they have complied with the requisitions of the decree of the departmental assembly of May 28, 1845, and of the governor's regulations of October 28, of the same year, with respect to the preservation of the public property and the payment of the rents. The results of your examination will be communicated to the governor for his action in the case. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 25, 1848. SIR: Your letter of July 11 enclosing a copy of your decision in the case of James McKinley vs. Chas. W. Flugé has been received. It was proper and just under the circumstances that the trial should be conducted in the English language, and your decision in the case is fully approved by the governor. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State STEPHEN C. FOSTER, Esq, First Alcalde, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: The commanding officer at Santa Barbara has been directed by the governor to restore to you the alcalde's staff of office, the key of the juzgado, and the saddle claimed by José Carrilo and one of the soldiers of Captain Lippett's command, the saddle to be disposed of by you according to justice. Cases of offences committed by soldiers against the persons or property of citizens are to be tried only by military commissions, and cannot be taken cognizance of by the civil tribunals; but in all matters of trade or traffic between citizens and soldiers, military officers will, except in very extraordinary cases, allow the civil law to take its ordinary course. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Don PEDRO C. CARRILLO, First Alcalde, Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 25, 1848. SIR: I have to acknowledge the receipt of your letter of the 17th instant, with the accompanying papers. It appears from these papers that, on the morning of the 15th instant, the first alcalde of Santa Barbara caused a saddle claimed as the property of José Carrillo to be taken from the house of one Badillo and carried to the juzgado for judicial decision in the case; that, without waiting for this decision, you immediately ordered the alcalde to deliver this saddle into the hands of Sergeant Mullory, "to remain in your possession until proof was furnished you that no officer or soldier of your command had any just claim upon it;" that the alcalde, being at dinner at the time, promised to attend to the matter on his return to the juzgado; that soon afterwards, and while the alcalde was engaged in the judicial examination of the case, you sent a sergeant and file of men with peremptory order that, if the property was not immediately given up, the alcalde be brought as a prisoner to the guard-house and kept in confinement until the saddle was delivered over to you; that, after receiving this saddle, you informed the alcalde that it would be given over by you to the person judged entitled to it by any civil court or magistrate after a fair trial, provided the alcalde did not sit as a judge on the case himself, he being a near relation of one of the parties claiming the property; that thereupon the alcalde resigned his office, turning over to you his staff and the key of the juzgado. The governor, upon a full examination of these papers, directs me to say to you that he regards your proceedings as too hasty, being calculated to interfere with the due administration of justice, and to give unnecessary offence to a civil officer of the territorial government. He therefore orders that you immediately restore to the alcalde of Santa Barbara his staff of office, the key of the juzgado, and the saddle in dispute. It is made obligatory, by the orders of the government, upon all military officers to pursue a mild and conciliatory course towards the civil magis trates and people of this country, and threats of imprisonment or an armed force should not be resorted to, except under very aggravated circumstances, or in case of absolute necessity. Cases of offences committed by soldiers against the persons or property of citizens can be tried only by military commissions; but, in matters of trade or traffic between citizens and soldiers, commanding officers (except in extraordinary cases, to be immediately reported to headquarters) will allow the civil law to take its ordinary course. Very respectfully, your obedient servant, Captain F. J. Lippett, H. W. HALLECK, Lieutenant of Engineers, Secretary of State. Commanding, Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 25, 1848. SIR: I am directed, by the governor, to furnish you with such information from this office as may be deemed useful for your guidance in the management of the affairs of the missions in your district. By the Mexican law of August 17th, 1833, the missions of Upper and Lower California were secularized and made the property of the government. Each mission was to constitute a parish, and be placed under the charge of a parish priest of the secular clergy, with a fixed salary. The churches of the several missions, with the sacred vessels, ornaments and other appurtenances, and such adjacent buildings as the government may deem necessary, were to be assigned for the use of the parish. The most appropriate building of each mission was to be assigned for thehabitation of the curate, with a lot of ground not exceeding 200 varas square. The remaining edifices were to be designated for court-houses, preparatory schools, workshops, &c. A lot of ground was also to be laid out in each parish for a burial ground. All the expenses of this law were to be provided for out of the product of the estate, capitals, and revenues at present recognised as the pious fund of the missions of California. The governor of California at first declined acting upon this law of secularization; but afterwards, on the 9th of April, 1834, he issued his provis-ional regulations converting three of these missions into pueblos. By these regulations, the duties of the priests were confined to the spiritual affairs of the missions, while the territorial government assumed to itself the administration of all their temporal affairs. To each head of family, and to all over the age of 21 years, even when having no family, was to be assigned a lot of land not exceeding 400 varas square,. nor less than 100, out of the common lands of the missions. Common lands, and, when convenient, municipal lands also, were to be assigned to each pueblo; one-half of the stock, seeds, and agricultural implements of the missions, was to be distributed to individuals in the same way. other lands and property to remain at the disposal of the governor. The fiscal affairs of these new pueblos were to be under the direction of ayuntamientos, while the legal matters were to be decided by the primary judges of the nearest town. All The emancipated Indians were to assist in the cultivation of the comion grounds of the new pueblos, but were prohibited from selling any of the lots or stock assigned them by the government. All contracts made by them were declared null and void, and the property sold by them was to be reclaimed by the government as national, the purchasers losing their money. If the Indians died without heirs, their property reverted to the nation. In the extraordinary session of the legislative body at Monterey, November 3, 1834, these regulations were confirmed, except the one rela ting to the personal services of the Indians to the priests, and other regulations framed marking out the different curacies, defining the salaries of their priests, &c. The whole direction of the temporal affairs of these missions was transferred from the priests to civil officers called administrators, who were stationed in each mission. Their duties were to manage, under the general direction of the government, the property of their establishments for the benefit of the Indians, while the padres were to devote themselves to their spiritual labors. These administrators were to make no sales without the express orders of the government. Governor Alvarado's regulations of January 17, 1839, declare null and void all debts contracted by these administrators without the previous consent of the government. On the 1st of March, 1840, he made new regulations for the missions, replacing the administrators by mayordomos, and defining the powers of the latter over these establishments. Both of these sets of regulations seem designed merely to carry out the provisions of the previous laws and decrees. On the 29th of March, 1843, Governor Micheltorena ordered the missions of San Diego, San Luis Rey, San Juan Capistrano, San Gabriel, San Fernando, San Buenaventura, Santa Barbara, Santa Ynez, La Purissima, San Antonio, Santa Clara, and San José, to be delivered up to the priests, to be managed by them in the same manner as formerly. The mission lands which had been granted previous to that date, in accordance with the law, were not to be reclaimed; but all the cattle property, and utensils of the missions, which had been let out, were to be restored to these establishments. One-eighth part of the total annual produce of every description of the missions was to be paid into the public treasury for the support of the government troops and civil officers. By a decree of the departmental assembly of May 28, 1845, it was directed that the missions of Monterey, San Juan Bautista, San Juan Capistrano, and San Francisco, (Solano,) be considered as pueblos, they having already been made such, and that their premises (except the reservations which have been mentioned) be sold at public auction. That if the Indians of the missions of San Rafael, Dolores, (San Francisco Asi,) La Solidad, San Miguel, and La Purissima, did not, after one month's public notice by proclamation, unite for the purpose of occupying and cultivating the said missions, they be declared unoccupied, and be disposed of as the assembly and departmental government may deem best for the general good. The remainder of the missions, as far as San Diego inclusive, to be rented out at the option of the government, care being taken to secure their prosperity. The principal edifice of the mission of Santa Barbara not to be included in the renting of the missions-one-half of the total rent of this mission to be invested for the benefit of the church and the maintenance of its ministers, and the other half for the benefit of its Indians. |