not receive salaries, but are paid from the fees of their office. In all the northern districts of California the fees of office have been found suffici t for the remuneration of the alcaldes, whose official duties do not usually very materially interfere with their private business. In my letter of April 30, I informed you that the governor has assigned the sum of $500 50 for the purchase or construction of a jail in Santa Barbara. This money will be paid to the sindico, as stated in that letter. The municipal funds required by each town must be raised by the ayuntamiento by direct taxation from licenses for stores, grog-shops, &c. ; such is the course pursued by all the northern towns of California. Very respectfully, your obedient servant, Don RAYMUNDO CARRILLO, H. W. HALLECK, 1st Alcalde, district of Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 15, 1849. REVEREND SIR: Your letter of the 10th instant has been received, and its contents communicated to the governor. The first alcalde of San Luis Obispo is deemed the proper judge to decide what houses and lands were granted to the parish priest by Governer Micheltorena, July 15, 1844, and to which you are now entitled to possession by the governor's order of April 17. The power of the alcalde is limited to the act of possession, the question of ownership being reserved for the decision of a higher tribunal, which it is hoped may be organized in the course of a few months. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Reverend Father Friar JosE MIGUEL GOMES, Parish Priest, San Luis Obispo, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, *Monterey, May 15, 1849. SIR: Your letters of April 20 and May 10 have been received, and laid before the governor. The alcalde is deemed the proper judge to decide to what lands and buildings the parish priest is entitled to possession under titles given by Governor Micheltorena, July 15, 1844. It must be observed that the power of the alcalde is limited to the act of possession, the question of ownership being reserved for the decision of a higher tribunal, which it is hoped may be organized in the course of a few months. It was represented to the governor in March last that there was great need of a local alcalde, who should reside in the town of San Luis Obispo, and you were accordingly requested to hold an election for filling such office. It was not the intention of the governor to limit the choice of the people in any respect, and if they prefer giving their votes for any citizen residing without the town, they should have full liberty to do so. The governor authorizes you to send to Monterey the prisoner sentenced to five years' labor in this presidio, if you can find a safe opportunity for doing so. Perhaps arrangements may be made with the mail rider to conduct the prisoner to this place the next time he brings the mail from the south. The difficulties that have recently occurred in the placer district, between the whites and Indians, have rendered it necessary to concentrate all the available military forces in that region, and the governor regrets that under existing circumstances he will be unable to comply with your request to station troops at San Luis Obispo. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Don MIGUEL ABILA, 1st Alcalde of the Jurisdiction of San Luis Obispo, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 17, 1849. SIR: Your letter of April 16, erroneously directed to General Smith, has been referred to Brigadier General Riley, commanding tenth military department, and governor of California. The enclosed extract from orders No. 16 will afford an answer to your inquiries respecting the interference of military officers with the civil authorities of the country; and my letter of the 11th instant to Major Graham (a copy of which has been sent to you) will give you the governor's views respecting the case of Warner. As the people have neglected to elect a first alcalde for your district, there can be no doubt that you legally hold over till such election is made. If you should now wish to resign, the proper course to be pursued is for you to give due notice and hold an election to fill the vacancy so created. If there is no ayuntamiento in the town of Los Angeles, the governor requests that you give notice and hold an election for the several municipal officers recognised by the laws of California. The governor's views respecting the sale of municipal lands are fully expressed in a letter from this office, dated May 15, to certain gentlemen of San Diego, a copy of which is enclosed. It is deemed highly probable, from information just received, that the bill before Congress at the last session for organizing a territorial government has become a law. If, on the arrival of the next steamer, this should not prove to be the case, the governor has it in contemplation to call a general election, and to complete, so far as possible, the organization of the government as recognised by the existing laws of California. These laws, so far as they do not conflict with the constitution and such laws of the United States as have been extended over this Territory, are still in force, and must continue in force until changed by the proper authority. It is greatly to be regretted that any differences or bad feelings should have arisen between the civil and military authorities in your district, especially at a time when the condition of the country rendered it the imperious duty of all good men to do everything in their power to preserve the public tranquillity. By order of Governor Riley: H. W. HALLECK, Brevet Captain, and Secretary of State. S. C. FOSTER, 1st Alcalde, District of Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 17, 1849. SIR: I have to acknowledge the receipt of your letter of the 15th, enclosing a copy of the proceedings of the court in the case of Antonio Valencia. These papers will be placed on file in this office. It is believed that under the existing laws in California, the first alcalde of each district has jurisdiction in criminal cases. But whatever may be the ultimate decision of this question, there can be no doubt that, under existing circumstances, cases will sometimes arise where the exercise of such power is absolutely necessary for the security of life and property. Very respectfully, your obedient servant, K. H. DIMMICK, H. W. HALLECK, Brevet Captain, and Secretary of State. 1st Alcalde, District of San José, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 17, 1849. SIR: I have to acknowledge the receipt of your letter of the 12th inst., enclosing monthly summary statements of civil funds in your possession for the months of January, February, March, and April, 1849. Very respectfully, your obedient servant, Captain J. L. FOLSOM, H. W. HALLECK, Brevet Captain, and Secretary of State. U. S. Army, San Francisco, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 17, 1849. and SIR: Your custom-house accounts for the 4th quarter of 1848, monthly summary statements to 31st March, 1849, were received on the 2d May, after the departure of the steamer. Your accounts have been examined and found correct, and will be sent to Washington by next mail. Very respectfully, your obedient servant, E. H. HARRISON, Esq., H. W. HALLECK, Brevet Captain, and Secretary of State. Collector, San Francisco, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 19, 1849. SIR: For a reply to your letters of the 15th instant, which are just received, I would refer you to mine of the same date. It is believed that Congress has already passed a law for the settlement of land titles in the country, and for the organization of higher courts. While awaiting the organization, the governor will use every means in his power to support the existing authorities of the country. But, as has already been said, the Indian difficulties of the north will prevent him from sending troops at this time to San Luis Obispo. The people of your district ought to unite with you in enforcing the laws, and in inaintaining your legal authority. Very respectfully, your obedient servant, DON MIGUEL ABILA, H. W. HALLECK, 1st Alcalde of the jurisdiction of San Luis Obispo, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: Your letter of this date is received, and I am directed by the governor to inform you that he approves of the election held on the 20th instant, at which Messrs. Osio, Spence, Abijo, and Watson were chosen regidores, and Sanchez as syndico procurador of the town of Monterey. Very respectfully, your obedient servant, DON YGNACIO EZQUER, H. W. HALLECK, Brevet Captain, and Secretary of State. Alcalde of Monterey, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 22, 1849. SIR Representations have been made to the governor that you have put the parish priest of San Luis Obispo in possession not only of the buildings and property granted to said priest by Micheltorena, in 1844, but also of other buildings and property sold to Mr. John Wilson, in 1845. If so, it is believed that you have exceeded your powers, and mistaken the intention of the governor. In his letter of April 17, he merely directed you to use your official authority to protect said priest in the possession of the property granted to him by Governor Micheltorenanot to interfere in the possession of other property, which has since been granted to other individuals. The power of the alcalde in such matters is of a very limited character, and he ought to be very careful not to exceed it, for he may thus render himself liable to damages. If there is any difficulty in making a division of the property, of which each claimant is entitled to the possession, he should call in other good men to assist him in forming his decision. Any arrangement of this kind that may be made will, of course, only be of a temporary character; for the proper court will soon be formed to decide definitively upon all such questions of title. Great care should be taken that justice be done to both parties, and that no feelings of partiality be allowed to affect the decision. If possible, you should induce the parties to come to an amicable arrangement, so as to avoid all litigation. In your correspondence you seem to be under the impression that the governor had ordered you to put the priest in possession of the mission buildings. Such was not the case. You were merely requested to protect him in his lawful possessions until the titles of the other claimants can be properly investigated. Your attention is again called to the necessity of holding an election for another alcalde in your district; and if the notice for such an election has not already been given, the governor requests that you will give it imme diately. There will be associated with you, as judges and inspectors of such election, the following persons, viz: William Dana, John M. Price, Julian Estrada, and John Wilson. By order of Governor Riley: Don MIGUEL ABILA, H. W. HALLECK, 1st Alcalde of San Luis Obispo, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 23, 1849. SIR: The governor directs that you will stay the execution of the sentence and fine imposed by you on Don Mariano Bonillo until the affair can be properly investigated. This order is not to be considered as deciding, in any respect, upon the merits of the case, or the correctness of your judgment. By order of Governor Riley: Don MIGUEL ABILA, H. W. HALLECK, 1st Alcalde of San Luis Obispo, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 26, 1849. SIR: I am directed by Governor Riley to acknowledge the receipt of your letter of the 16th instant, and to say that he has approved of the elec tion held by the people of Santa Cruz, at which you were chosen alcalde for that town and district. With respect to the "duties and powers of the town council," they will, until further orders, confine themselves to attending to the internal police of the town and district. Very respectfully, your obedient servant, (in the absence of the Secretary of State,) Mr. J. L. MAJORS, W. E. P. HARTNELL, Alcalde, Santa Cruz, California a |