This evil calls for an immediate remedy, which will be afforded, so far as the means at my disposal will admit. I beg leave, in this place, to add a few remarks on the use which has been, and will continue to be, made of this "civil fund." In the instructions from Washington to General Kearny, in 1846, for his guidance in California, the establishment of port regulations on this coast was assigned to the commander of the Pacific squadron, while it was said "the appointment of temporary collectors at the several ports appertains to the civil governor of the province." It was also directed that the duties at the custom-houses be used for the support of the necessary officers of the civil government. This division of duties and this disposition of the proceeds of the customs were continued during the whole war. On the receipt of the Treasury Department regulations respecting the collection of military contributions in Mexico, officers of the army and navy were made collectors at some of the ports, but at others the civil collectors appointed by the governor of California were retained. At the close of the war, Governor Mason, for reasons already communicated, determined to continue the collection of revenue in the country, on the authority which had previously been given to him, until Congress should act in the matter, or orders to the contrary be received from Washington. He therefore, as governor of California, again appointed civil collectors in the ports where military officers had temporarily performed those duties, and collected the customs on all foreign goods, in accordance with the provisions of the tariff of 1846, while the commander of the Pacific squadron continued the direction of all matters relating to port regulations. A double necessity impelled the governor to this course. The country was in pressing need of these foreign goods, and Congress had established no port of entry on this coast. The want of a more complete organization of the existing civil government was daily increasing, and, as Congress had made no provisions for supporting a government in this country, it was absolutely necessary to create a fund for that purpose from the duties collected on these foreign goods. It is true that there were no laws authorizing the collection of these duties; but at the same time the laws forbade the landing of the goods till the duties were paid. Governor Mason, therefore, had no alternative but to pursue the course which he adopted. He immediately communicated to Washington his action in the case; and as the receipt of his despatch was acknowledged without any dissent being expressed, it must be presumed that his course met the approbation of the government. When I assumed cominand in this country as civil governor, I was directed to receive these communications and instructions from Governor Mason for my guidance in the administration of the civil affairs of this Territory. I have accordingly continued the collection of the revenue and added the proceeds to the "civil fund," using that fund for the necessary expenses of the civil government. The expenses of employing civil officers in this country are very great; and as I have no authority to lay taxes, this fund forms my only means of carrying on the government. The necessity of employing these officers, and of paying them the full salaries authorized by law under the existing state of affairs, is too obvious to require comment. I have pledged myself to pay these salaries from the "civil fund," unless forbidden to do so by direct orders from Washington; and that pledge will be fulfilled. This "civil fund" was commenced in the early part of 1847, and has been formed and used in the manner pointed out in the early instructions to the governor of this Territory. This money has been collected and disbursed by the "governor of California" and by those appointed by him in virtue of his office. He is, therefore, the person responsible for this money, both to the government and to the parties from whom it is collected, and it can be expended only on his orders. the military departments of the army, nor any army officer simply in vit tue of his commission, can have any control, direct or indirect, over it. It is true that some of this money has, from time to time, as the wants of the service required, been transferred to the different military departments; but this transfer was in the form of a loan, and the money so transferred will be returned to the "civil fund" as soon as arrangements can be made for that purpose. The increased expenditures for the support of the existing government will soon render this restoration absolutely necessary; especially as the transfer of the custom houses to the regular collectors appointed by the general government will now cut off all further means of supplying the civil treasury. These collectors have not yet arrived, but are daily expected. Detailed accounts of the expenditure of this "civil fund," with the accompanying vouchers, will be transmitted to Washington as heretofore.. Very respectfully, your obedient servant, BENNET RILEY, Brevet Brig. Gen. U. S. Army, and Governor of California. Major General R. JONES, Adjutant General of the Army, Washington, D. C. STATE DEPARTMENT OF CALIFORNIA, SIR: I enclose you herewith copies of papers received by Governor Riley, through General Smith, from Mr. M. Bartley, of Mansfield, Ohio, who asks for information respecting the estate of John Hofsteeter, deceased. The original papers are on file in this office. The governor will be most happy to communicate to the brother of the deceased any information you may be able to furnish touching this subject. Very respectfully, your obedient servant, Captain J. A. SUTTER, H. W. HALLECK, Sacramento City, California. STATE DEPARTMENT OF CALIFORNIA, Monterey, July 1, 1849. SIR: I have to acknowledge the receipt of your three letters of June 12, and one of May 30. As Governor Riley is on the point of leaving this place to visit the northern districts, I am unable to reply at this time to your inquiries; I, however, enclose you a Spanish translation of acts V and VI, amendments to the constitution of the United States, relating to the right of trial by jury. Very respectfully, your obedient servant, Don JosE C. Lugo, H. W. HALLECK, Brevet Captain, and Secretary of State. Alcalde, Los Angeles, California. Know all men by these presents, that, whereas information has been laid before me that proceedings have been instituted in the alcalde's court of San Francisco to change the administration of the estate of Mr. Leidesdorff, deceased; and whereas said initiatory proceedings are apparently wanting in regularity, and of doubtful propriety, if not illegal; Now, therefore, I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of power in me vested, do hereby order and direct that said alcalde's court stay all further proceedings with respect to such change of administration until further orders from superior authority, and leave said administration in the hands of the administrator who held it previous to the commencement of the aforesaid proceedings. This order shall in no way be considered or construed to justify or confirm the proceedings of the present administrator, or to exempt him from the penalties which he already has or in future may incur by illegal acts of administration, as stated and charged in the petition of P. Barry, esq., (filed June 27, 1849, in the alcalde's court,) its only object being to suspend and stay proceedings till legal and competent authority can investigate the facts of the case, so as to secure the rights of the administration, creditors, and heirs of the said estate. If, previous to the receipt of this order to the aforesaid alcalde's court, it should have changed the administration of the said estate, such change will be immediately countermanded and annulled, and everything restored to the position occupied when these proceedings for change were first instituted. Given at Monterey, California, this first day of July, A. D. 1849. B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. STATE DEPARTMENT OF CALIFORNIA, Monterey, July 1, 1849. SIR: I have the honor to acknowledge the receipt of your letter of May 15, reporting the trial, sentence, and execution of the Indian Juan Antonio; also your letter of May 14, respecting the "Leandry estate;" also your letter of May 22, reporting the result of an election, held May 6, of certain officers of the district and town of Los Angeles. Very respectfully, your obedient servant, H. W. HALLECK, S. C. FOSTER, Esq., Los Angeles, California. STATE DEPARTMENT OF CALIFORNIA, SR: I have the honor to acknowledge the receipt of your letter of June 20, asking for copies of letters to you by C. V. Gillespie, touching the estate of the late William A. Leidesdorff, which you say were sent to Governor Mason in July or August, 1848. I have examined the files of civil correspondence for the year 1848, and find no letters answering your description. There are, however, letters on file from Mr. Howard to you, dated about that time, touching the aforementioned estate. Are not those the letters to which you have reference? If so, copies will be furnished as you request. Very respectfully, your obedient servant, T. M. LEAVENWORTH, Esq., H. W. HALLECK, Brevet Captain, and Secretary of State. Alcalde, San Francisco, California. STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by Governor Riley to acknowledge the receipt of your letter of June 15, and to say that the priest has no right to sell houses in the mission of Santa Cruz, unless he should possess a regular title to such property in the same manner as any other private individual. You will, therefore, forbid all sales of mission or other public property by said priest. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. J. L. MAJORS, Esq., Alcalde, Santa Cruz, California. STATE DEPARTMENT OF CALIFORNIA, Monterey, July 1, 1849. SIR: I have the honor to acknowledge the receipt of your letter of May 28, giving notice of the escape of the Indian Ildefonso;" also your letter of June 1, giving information of the landing of certain foreign goods at San Luis Obispo. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Don MIGUEL ABILA, Alcalde, San Luis Obispo, California. STATE DEPARTMENT OF CALIFORNIA, Monterey, July 3, 1849. SIR: I am directed by Governor Riley to acknowledge the receipt of your petition and the accompanying papers.. If the alcalde's court at San José has exceeded its powers, your proper course of redress will be to bring the case before the superior tribunal, which it is hoped will be organized in August next. As no attempt has been made by that court to forcibly execute its sentence upon your person, or to seize your property, the governor does not perceive at present any necessity for his official interference. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. THEODORE ROBBS, Sonoma. STATE DEPARTMENT OF CALIFORNIA, Monterey, July 3, 1849. SIR: I am directed by General Riley to acknowledge the receipt of your letter of June 25, and to enclose you an extract from a Mexican law believed to be still in force respecting possession of property. A translation of the laws of 1837, respecting the jurisdiction of courts in California, will soon be published. The main features of that law are believed to be still in force. General Riley is on the point of leaving for Sutter's Fort, and has no time to write you more at length. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. L. W. BOGGS, Esq.,. Alcalde, Sonoma. CIRCULAR. EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, July 2, 1849. The persons who may receive the plurality of votes respectively in each of the four judicial districts of California for judges of the superior court of this Territory, are requested to meet at Monterey immediately after the election of the 1st of August next, for the purpose of forming a tariff of fees and duties, to be collected by primary judges, (de primera instancia,) alcaldes, advocates, clerks, and other judicial officers; to form rules of their own tribunal; and to determine upon the times and places for holding their court. The absolute necessity of having some judicial authority superior to the present alcalde's courts renders it important that this superior tribunal should be organized with the least possible delay. Brevet Brig. Gen. U. S. A., and Governor of California. |