Of the rents of the other missions, one-third to go to the priests and church, one-third to be for the benefit of the Indians, and one-third towards education and public beneficence, as soon as the legal debts of each mission are paid. On the 28th of October, 1845, Governor Pico advertised for sale to the highest bidder the aforementioned missions of San Rafael, Dolores, La Solidad, San Miguel, and La Purissima, and directed that of the existing premises of San Luis Obispo, Carmelo, (Monterey,) San Juan Bautista, and San Juan Capistrano, edifices be selected for the curates' houses, court-houses, and school-houses, and the church and its appurtenances and the remainder of the edifices sold at public auction; and in the same manner the personal property, such as grain, goods, &c., of these missions. The public sale of San Luis Obispo, La Purissima, San Juan Capis. trano, to take place on the first four days of the following December, and of San Rafael, Dolores, San Juan Bautista, Carmelo, and San Miguel, on the 23d and 24th of the following January, notice being previously posted up in the towns of the department. The missions of San Fernando, San Buenaventura, Santa Barbara, and Santa Ynez, to be rented to the highest bidder for the term of nine years. All the lands, out-door property, implements of agriculture, vineyards, orchards, workshops, and other property of these missions, to be included in said renting, except the principal edifice of the mission of Santa Barbara, the churches and their appurtenances, court-houses, curates' houses, and places for schools, and the small portions of lands occupied by certain Indians in each of the respective missions. The proceeds of the rents of these missions to be divided into three parts, as already mentioned. The renting of the missions of San Diego, San Luis Rey, San Gabriel, San Antonio, Santa Clara, and San José, to take place in the same manner as those aforementioned, as soon as the difficulties respecting their debts are arranged. The government reserves to itself the right of taking care that these establishments prosper, in virtue of which it will prevent their destruction, ruin, or decline, should it be necessary during the period of their renting. The renters of the missions are to pay punctually and quarterly the amount of their rents. They may pay to the respective padres, prefects, or their authorized agents, the third part of the rents destined for the ministers and religious worship, (of Santa Barbara one-half of the rent to be so paid.) These renters are to deliver back with improvement, at the expiration of the nine years, whatever they may receive on rent, except the stills, movables, and implements of agriculture, which must be returned in a serviceable state. They are to return the number of cattle which they receive, and of the same description, and of such an age as not to embarrass the procreation of the following year. They are to give bonds to the satisfaction of the government before they receive these establishments, conditioned on the fulfilment of the obligations of the renters, and the payment of such damages as the government may find against them. A decree of the departmental assembly of April 3d, 1846, authorizes the departmental government to proceed with the missions of San Gabriel, San Luis Rey, San Diego, and others in similar circumstances, in the manner directed by the laws respecting bankruptcies, and that if it found necessary, in order to prevent their total ruin, they may be sold at public auction, the customary notice being previously given. A portion of the lands and other property of these missions may be set apart for the maintenance of the padres and the expenses of the public worship-this property being delivered as a sale at a perpetual interest of 4 per cent., the proceeds being applied to these objects. This act is no way to interfere with what has already been done under the previous decrees of the assembly. Six months at furthest are allowed for its fulfilment. The foregoing is a brief summary of the substance of all the decrees and laws in my possession relating to the missions of California. I am at present engaged in examining and arranging the government archives; and if any further information on this subject be found, it will be immediately communicated to you. It appears from the documents already referred to, that since the 17th of August, 1833, the missions of California have been regarded as public property and held at the disposal of the government; that the departmental assembly, basing their authority on the Mexican law of secularization, have authorized, upon certain specified conditions, the sale of some of the missions and the renting of others; that the departmental governors under this authority have advertised certain of their missions for sale and others for rent, with the conditions and reservations specified in the laws; that the lands set apart for the priests in each mission cannot exceed 200 varas square, and that granted to any individual cannot exceed 400 varas square; that the lands granted to Indians are merely for the use of themselves and their descendants, and that they can in no way dispose of them, but when abandoned they revert to the government; that all sales of mission property by the Indians are null and void; that the civil agents and administrators of the missions could not dispose of mission property or contract debts in the name of the missions without previous authority of the government; that the leases of the missions are not made in conformity to law unless bonds have been previously given to the satisfaction of government, conditioned for the fulfilment of the obligations of the renters; that the renters of the missions, are bound by certain regulations respecting the care and preservation of the mission property; that the rents are to be paid punctually and quarterly, and that only one-third of these rents (in Santa Barbara one-half) can be paid over to the priests, prefects, or their authorized agents, the other two-thirds to be paid into the public treasury and expended for certain specified objects; that the government has reserved to itself the right to take such measures as may be necessary to prevent the "destruction, ruin, or decline" of the missions during the period of their renting. It is therefore evident that the missions and the mission property which have not been sold in accordance with the provisions of these laws and decrees are still the property of the government, and may be disposed of accordingly; and that if the renters of the missions are found injuring or destroying them, the government may take such measures as may be deemed necessary to prevent their destruction, ruin, or decline. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 26, 1848. SIR: I enclose you a letter from Robert Clift to myself of the 14th of June, which I found here on my late return from the gold mines. From the copy of Mr. Canfield's quarterly account current for the first quarter of the present year, it appears that he turned over to Robert Clift $560, and from Pedrorena's account rendered up to the 4th of November, 1847, (see my letter to Lieutenant Clift of the 8th of March last-copy herewith,) he received from Pedrorena, together with $348 12 on account of Fitche's note, $1,397 12-making in all $1,957 12. Mr. Clift made no reply to my several letters calling on him for a rendition of his customhouse accounts. I wish you to ask him why he never replied to them, particularly to the one of the 8th of March. I wish you to get such a settlement out of him as you can. I am, very respectfully, your obedient servant, Lieutenant DAVIDSON, R. B. MASON, Colonel 1st Dragoons, commanding. A. A. Quartermaster, Los Angeles, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 25, 1848. Whereas many citizens have gone to the gold mines of the Sacramento without making proper provisions for the families they have left behind them, and whereas many soldiers, tempted by the flattering prospects of sudden wealth, have deserted their colors to go to the same region, regardless of their oaths and obligations to the government, endangering the safety of the garrisons and thereby the tranquillity of the country, it is made known that unless families are guarded and provided for by their natural protectors, and unless citizens lend their aid to prevent desertions from the garrisons of the country, the military force now in California will be concentrated in the gold region to the exclusion of all unlicensed persons. Persons employed at the mines are reminded that up to this time they have enjoyed the high privilege of digging gold on government land without charge or without hindrance; in return for this privilege they are bound to assist in appprehending deserters, and in giving notice to the nearest military officer where any are concealed. A dragoon force will soon be at the mining district, and will traverse it in every direction to arrest deserters from the army and navy, and to apprehend such citizens as employ or harbor them, for these citizens are as culpable as the deserters themselves, and if arrested will be tried by a military commission and punished according to the laws of war. Should the offieer in command of this force receive the cordial aid and support of the citizens, he will be enabled to check the serious evil which now threatens the safety of the country; but if citizens are not willing to lend their aid and assistance, but one alternative remains, that of taking military possession of the mining district. It is hoped that there are enough of reflecting men at the mines to see how much the prosperity of California will be retarded, unless they pur sue the course that is pointed out to them. It is desirable to develop the riches and wealth of California; but the military safety of the country must be secured at all hazards. R. B. MASON, Colonel 1st Dragoons, Governor of California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 28, 1848. SIR: In reply to your letter of the 20th of June, I have to say that I have sought for the Mexican laws on the subject of usury, and can find nothing on the subject except what is found in Febreno Mexicana, vol. 3, page 275, to which I refer you. I learn from the best business and mercantile men, and old inhabitants, that custom, for the last ten or fifteen years, has established the rate of interest at 12 per centum per annum, or agreement to the contrary, and that for the same period the custom has been, both among the mercantile and all other classes, to pay and receive greater rates of interest that may have been agreed upon between the contracting parties, and which was expressed in writing, either in the shape of contract, bond, or note. Long custom would therefore seem to have established interest at the above named rates. I am, respectfully, your obedient servant, R. B. MASON, W. D. M. HOWARD, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 28, 1848. GENTLEMEN: I have the lionor to acknowledge the receipt of your communication of yesterday's date. Under the circumstances you mention, and which are so well known to me-the almost entire absence of gold and silver coin-I have no hesitation in saying, that if the California grain gold, now in such abundant quantities in the country, can be wrought into convenient shapes, so as to answer as a substitute for gold and silver coin, I will order it to be received at the custom-house, in payment of duties, at its intrinsic value. I am, respectfully, your obedient servant, R. B. MASON, To WALTER COLTON, TALBOT H. GREEN, J. S. RUCKLE, THOMAS O. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 28, 1848. SIR: Your letter of the 18th instant has been duly received, together with its enclosures, asking my advice and authority in reference to a bond and mortgage on a valuable landed property, belonging to the estate of the late Mr. Leidesdorff. I would certainly advise the paying off of the debt at once, and thereby stop the interest and relieve the property from the mortgage, if it is certain the estate will be able to pay all of its creditors; but if there be not assets sufficient, then they must receive a pro rata amount, and this they could not do if the debt in question be paid in full now. Other and older creditors, perhaps to a larger amount, might be prejudiced thereby. As soon as I can get the laws, now being printed in San Francisco, a court will be organized for that district, if I can find a suitable person for the judge, having jurisdiction to all that relates of administrators and the settlement of the estates of deceased persons. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. W. D. M. HOWARD, San Francisco, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, California, July 28, 1848. SIR: I am directed to ask your explanation of the matter referred to in the enclosed extract from a protest of Jules Chavon, captain of the Adelaide, at the same time calling your attention to the second modification in the Secretary of the Treasury's letter of June 10th, 1847. (Vide Bibby's pamphlet, page 1.) Very respectfully, your obedient servant, Captain J. L. FOLSOM, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. Collector, San Francisco, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 29, 1848. SIR: I am directed by the governor to acknowledge the receipt of your letter of the 25th instant, and to say, in reply to your inquiries, that if the governor's instructions relative to inventories and appraisements, in the administration of the estate of the late H. A. Leidesdorff, have not been executed by the first alcalde, it will be your duty, in his absence, to see that these instructions are fully carried out. Herewith are enclosed the papers which accompanied your letter. H. W. LEAVENWORTH, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. Second Alcalde, San Francisco, California. |