HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, January 23, 1849. SIR: I have the honor to acknowledge the receipt of the certificate of election for first and second alcaldes of the "pueblo de San José," dated December 12, 1848; also, a report of the trial of Freer, Campbell, and Davis, for highway robbery, &c.; also, your letter (without date) giving notice of the execution of these prisoners; and also, a bill of costs for jurors in the aforementioned trial; all of which papers have been put on file here. With respect to the payment of costs of the jurors, &c., it is not within the scope of my powers or authority to order the disbursement of the public moneys in paying the costs of trials not strictly legal. I know, in this case, that necessity and circumstances, and the violent outrages of late so frequently committed upon society, compelled the good citizens of the pueblo to rise and promptly make a public example of those robbers, for the sake of their own safety and that of society in general. The country' affording no means-jails or prisons--by which the persons of these lawless men could have been secured and society protected, it is not much to be wondered that, after the many atrocities so recently committed upon. unoffending citizens, the strict bounds of legal proceedings should have been a little overstepped. I am, very respectfully, your obedient servant, Colonel 1st Dragoons, Governor of California. Captain K. H. DIMMICK, First Alcalde, Dist. Pueblo de San José. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, January 24, 1849. SIR: I am in the receipt of your letter of the 31st December. Great eredit is due to yourself and the citizens of Santa Barbara for promptness, and energy, and perseverance in pursuing and apprehending that band of outlaws who have been committing such horrid acts of barbarity through the country-murders of men, women, and children-no less than twelve in the short space of a week or two. I am of the opinion that a very proper disposition has been made of the money, &c., found in their possession; and that it would be equally proper to pay, from the balance in your hands, for the loss and damage of the private arms that were broken or destroyed in the fight which resulted in their capture. I would most cheerfully apply a portion of the public funds at my disposal to the relief of the wife and children of Señor Rodriguez, who was killed in apprehending those men; but such an application is beyond the reach of my power and authority. I am, respectfully, your obedient servant, Colonel 1st Dragoons, Governor of California. Don CESAREO LATAILLADE, Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, February 3, 1849. SIR: I have to acknowledge the receipt of your letter of the 22d ultimo, asking permission to purchase chain and anchors for buoying out certain rocks in the bay of San Francisco. Colonel Mason approves of these purchases, and authorizes you to pay the expenses from the civil funds in your hands. Your letter of the 23d ultimo, transmitting custom-house and military contribution accounts for the 3d quarter of 1848, has been received. In reference to the change which you advise in the management of the custom-house affairs, Colonel Mason directs me to say that he is daily expecting instructions from Washington on this subject, and that until he receives such instructions he cannot undertake to make any change. Colonel Mason directs that you turn over from the civil funds $50,000 to the quartermaster's department and $20,000 to the subsistence depart ment, taking the proper receipt for the same. Very respectfully, your obedient servant, Captain J. L. FOLSOM, STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey February 6, 1849. SIR: I enclose you herewith a copy of a letter of January 21, in which the governor authorizes the inhabitants of the mission or town of San Juan Bautista to hold an election for a local alcalde to reside in that place. This election of a civil magistrate is not to interfere in any way with your jurisdiction; you will still continue as one of the alcaldes of the district, with the same powers and faculties as heretofore. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Sor. D. JOSE MARIA SANCHEZ, Alcalde, San Juan Bautista, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, February 6, 1849. SIR: Your letter of the 1st instant, transmitting the register of the brig Eveline, has been received. The register and letter will be forwarded to Washington, as addressed. The commanding officer of the Pacific squadron, when present, properly has charge of all matters afloat, such as granting sea-letters, &c., and this matter ought to have been referred to Com modore Jones; but to save the trouble of sending the vessel again to San Francisco, and as the case is a clear one, the proper document will be issued at this place. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. E. H. HARRISON, Collector, &c., San Francisco. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: Colonel Mason directs that you report to this office1st. The whole amount of civil funds received from customs between the 1st of June, 1847, and December 31, 1848. 2d. The whole amount expended (excepting amount turned over to quartermaster and commissary's department) for the same period. 3d. The amount of civil funds on hand December 31, 1848. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. To Captain J. L. FOLSOM, Captain W. G. MARCY, Lieutenant J. W. DAVIDSON. To all whom it may concern: Whereas Thomas O. Larkin and Jacob Leese, citizens of the United' States resident in California, sole owners of the American built vessel "Eveline," of Boston, whereof John B. B. Cooper is at present master, and is a citizen of the United States, have this day made oath to these facts, and that no foreign citizen or subject has any share by way of trust, confidence, or otherwise, in said vessel: Therefore, this said vessel "Eveline" is hereby authorized to wear the American flag, and to enjoy all the privileges and immunities pertaining. thereto, both with respect to coast trade and foreign commerce. The said vessel is a brig, has a square stern, no galleries, and a billethead; has one deck and two masts; and that her length is eighty-six feet two inches, her breadth twenty-three feet nine and three-quarter inches; and that she measures one hundred and ninety-six and twenty-nine ninety-fifths tons. This sea-letter or license shall be good for one year from this date, or until the decision of the proper authorities, on her application for a new register, shall be made known to the owner or master of said vessel. Given under my hand and seal at the port of Monterey, this of February, 1849. R. B. MASON, day HENRY S. BURTON, Collector. Governor of California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, February 20, 1849. CAPTAIN: I have just received from the alcalde of this district a communication of to-day's date, of which the enclosed is a translation. You will furnish him the armed force he asks, for the security of the prisoner, as long as he desires it. You will judge whether it will be most. convenient for you to guard the prisoner where he is at present, or to take him to your own guard-house. The guard is furnished solely for the safe-keeping of the prisoner, and is to take no part in carrying the sentence into execution that belongs entirely to the civil authorities. I am, respectfully, your obedient servant, Captain H. S. BURTON, R. B. MASON, Colonel First Dragoons, commanding. Third Artillery, commanding, Monterey, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, California, February 26, 1849. SIR: I have the honor to acknowledge the receipt of your communica tion of the 14th instant, and the enclosed statement of civil funds. Colonel Mason authorizes the proposed transfer of $10,000 to the purser of the Dale, and also the payment of ten dollars to Mr. Toler for the translation of official papers. If you deem it necessary for the use of your office, no objection is made to your subscribing to the "Alta California;" but Colonel Mason has great doubts of the account being passed in Washington. Very respectfully, your obedient servant, Captain J. L. FOLSOM, H. W. HALLECK, Brevet Captain, and Secretary of State. United States Army, San Francisco, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, February 21, 1849. SIR: I have the honor to request that you will deliver to the officer who hands you this note, all official records and papers now in your possession belonging to the archives of the government of California. Very respectfully, your obedient servant, Señor DON PIO PICO, Los Angeles, California. R. B. MASON, Colonel First Dragoons, commanding. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, California, February 24, 1849. SIR: I am directed by Governor Mason to acknowledge the receipt of your letter of February 9th, and to reply as follows to the questions proposed by you in relation to the collection of customs: In the instructions just-received from Washington, it is assumed that, by the treaty of peace with Mexico, California has become a part of the Union; that the constitution of the United States is extended over this Territory, and is in full force throughout its limits. The position of California, in her commercial relations, both with respect to foreign countries and to other parts of the Union, is, therefore, the same as that of any other portion of the territory of the United States. There, however, being as yet no collection districts established by Congress in California, no foreign dutiable goods can be introduced here. Vessels having on board dutiable goods which they wish to land in California, must enter them in some regular port of entry of the United States, and there pay the duties prescribed by law. Any such vessels presenting themselves in a port of California, without having so entered their duti able goods, ought properly to be warned away and refused admission; and when the goods are entered at a regular custom-house, they can be brought here only in American bottoms. Such is the course required by a strict interpretation of the law; but, as this would subject such vessels to great inconvenience and expense, the authorities having charge of this matter have resolved to present to them the following alternative: To pay here all duties and fees, and to execute all papers prescribed by the revenue laws of the United States; and, upon their doing so, their goods will be admitted. But, without the execution of such papers, and the payment of such duties and fees, they cannot be allowed to enter or to land their cargoes; and any attempt to import into this Territory foreign dutiable goods, without the payment of duties, will subject them to all penalties of the law-both vessels and goods will be seized and sent for adjudication in the United States court established in Oregon. This view of the subject presents a ready reply to the questions proposed in your letter. No vessel can demand as a right to enter any foreign dutiable goods here, and you will not be liable to prosecution for refusing such entry; and by a voluntary payment of her duties here, in preference to going to a regularly established port of entry, such vessel binds herself to abide by the revenue laws of the United States, in the absence of all instructions to the contrary. Your books and papers should be kept, so far as possible, in accordance with the regulation of the Treasury Department of the United States, transmitting your accounts to this office in the manner already directed. Very respectfully, your obedient servant, H. W. HALLECK, E. H. HARRISON, Esq., STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, February 21, 1849. SIR: Colonel Mason directs that you will have the enclosed note delivered to Don Pio Pico by an officer who will receive and receipt for any official papers that may be turned over to him. A written answer to that note will re required of Señor Pico. You will also please to call upon the person (believed to be M. Temple) who claims to own the island of Alcatraces, in the bay of San Francisco, and request a copy of his title. I enclose you a copy of a confidential letter to Colonel Stevenson, dated July 26, 1848. Colonel Mason wishes. |