authority in me vested, do hereby appoint and commission H. A. Pefft a notary public and commissioner of deeds in and for the district of San Luis Obispo. Given under my hand, at Monterey, California, this 20th day of August, in the year of our Lord eighteen hundred and forty-nine. BENNET RILEY, Brevet Brig. Gen. U. S. Army, and Governor of California. STATE DEPARTMENT TERRITORY OF CALIFORNIA, Monterey, August 17, 1849. SIR: I am directed by the governor to acknowledge the receipt of your letter, as attorney for debts, in the case of Elias Barnet and E. F. Bole and R. L. Kilburn, asking for new trial, for reasons given. The governor is of opinion that there are sufficient reasons given why the judge of first instance of the district of Sonoma should grant a new trial; or the case may be brought up before one of the benches of the superior tribunal, the organization of which court will be completed as soon as the election returns are received. The circumstances under which a new trial or an appeal may be had are explained in the laws organizing courts for California, a translation of which is in press, and will be ready for delivery in a few days. That publication will render it unnecessary for any action of the executive in this case, as it will be seen that the superior tribunal has power to order the case up for new trial or decision, if litigants appeal from the decision of the judge of first instance. Very respectfully, your obedient servant, J. E. BRACKETT, Esq., H. W. HALLECK, Brevet Captain, and Secretary of State. Attorney for Bole and Kilburn, Sonoma, California. STATE DEPARTMENT OF CALIFORNIA, Monterey, August 20, 1849. SIR: I have the honor to acknowledge the receipt of your communication of the 8th instant, with the accompanying papers, all of which have been laid before the governor. It is a matter of regret to the governor that any person in Mr. Bellamy's position should have assumed to himself power which could never have belonged to him, and still more, that any officer of the army should in any way have connected himself with the transaction. Both have been notified of the governor's decided disapproval of th course; and it is to be hoped that the more thorough organization of th courts which has just taken place may prevent any further irregularitie of this kind. I enclose you herewith copies of my letter of this date t Mr. Bellamy, and of one from Major Canby to Lieutenant Derby. The governor has directed a thorough examination to be made into the affairs of the missions of Santa Clara and San José; his action on that matter will be postponed till after he learns the result of this examination. With assurances of high respect, I have the honor to be your obedient :servant, H. W. HALLECK, Brevet Captain, and Secretary of State. J. ALEXANDER FORBES, STATE DEPARTMENT OF CALIFORNIA, CAPTAIN: On the 22d of March, 1847, General Kearny, then governor of California, directed that the missions of San José and Santa Clara, with the houses, grounds, gardens, and vineyards around and near them, should be left in the charge of the Catholic priests, who should be held responsible for the preservation of said missions and property till the various questions of titles and claims would be properly investigated. This property has since that time been left in the charge of the priest of Santa Clara, as the agent of the government, for its preservation. But it is now reported that he has been unfaithful to his trust; that various persons, under different pretexts, have been allowed to trespass upon this property; and that many of the buildings have been seriously injured: moreover, that said priest has recently made a formal transfer of his trust to a private citizen, for a term of years, and for which he is to receive a valuable consideration. And it is also known that he at one time attempted to sell and convey away portions of the real estate of those missions. It is also charged that he is entirely unfit and incompetent to continue in charge of this property, and to preserve it from trespassers. The governor therefore directs that you will immediately proceed to San José and Santa Clara, for the purpose of inspecting these establishments, and ascertaining the facts relating to the priest's management of this property. I enclose herewith various papers relating to this subject, which you will return to this office as soon as you have completed your inspection. The title to all the property of these missions (with a few reservations) was vested in government; and where they have not been legally conveyed by government to private individuals, they are still public property, and will be held as such. The priests have, since 1833, been regarded as tenants at will, and liable to be removed at the pleasure of the government. The laws also provide for the renting of this property, and designate the disposition to be made of the proceeds of this rent. On your return to this place you will report whatever information you may obtain respecting these missions, and also whether, under the circumstances, it will not be advisable to remove the priest of Santa Clara from his charge as government agent, and to rent the property to some responsible citizens, in accordance with the laws of the country. You will be allowed, from the "civil funds," your necessary expenses, and a per diem of $6 for the time you are actually and necessarily engaged in this inspection. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Captain G. C. WESCOTT, STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letter of the 14th instant, asking for an approval of your course in your recent difficulty with Mr. Forbes. As the governor believes that your course in that case was evidently illegal, and that you assumed powers which never properly belonged to you, he must decline acceding to your request. Nor does he deem it necessary for him to interfere officially in the affair, when the question can easily be settled by a resort to the proper judicial tribunal. Very respectfully, your obedient servant, GEORGE W. BELLAMY, Santa Clara. H. W. HALLECK, Brevet Captain, and Secretary of State. Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission Stephen Cooper judge of first instance of the district of Sonoma, to date from the first day of August, 1849. Given under my hand and seal, at Monterey, California, this twenty-first day of August, in the year of our Lord eighteen hundred and forty-nine. B. RILEY, ornia. Brevet Brig. Gen. U. S. A., and Governor of California. Know all men by these presents, that I, Bennet Biley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission Charles P. Wilkins prefect of the district of Sonoma, to date from the first of August, 1849. Given under my hand and seal, at Monterey, California, this twenty-first day of August, in the year of our Lord eighteen hundred and forty-nine. B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. STATE DEPARTMENT OF CALIFORNIA, CAPTAIN: Governor Riley directs that you will immediately transfer to Major R. Allen, "civil treasurer," all "civil funds" in your possession, taking his receipt for the same. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Captain E. K. KANE, STATE DEPARTMENT OF CALIFORNIA, MAJOR: I am directed by Governor Riley to acknowledge the receipt of your accounts of the civil funds for the month of July, and to call your attention to the facts therein stated, that you have transferred, without his order or approbation, from this fund to the quartermaster's department, $35,124 79, and to Major Fitzgerald $500. This transfer is in direct violation of the instructions which have heretofore been issued to all persons holding these "civil funds," and the gov ernor will hold you strictly responsible as civil treasurer that the money be immediately restored. By order of Governor Riley: H. W. HALLECK, Brevet Captain, and Secretary of State. Major ROBERT ALLEN, Civil Treasurer, Benicia. STATE DEPARTMENT OF CALIFORNIA, MAJOR General Riley directs me to call your attention to the facts that no monthly summary statement of "civil funds" in your possession, nor quarterly accounts and papers, have been received from you since your arrival in this country; nor have you acknowledged the receipt of my order or circular, which has been sent to you by his direction, in relation to this "civil fund." Nevertheless, it is known, that you received, both at Monterey and at San Francisco, considerable sums of this money. By order of Governor Riley: H. W. HALLECK, Brevet Captain, and Secretary of State. Major E. H. FITZGERALD, STATE DEPARTment of CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letter of the 4th instant, relating to the murder of an Indian in Sonoma, and to thank you for your prompt attention in giving him the informtion. As the judicial tribunals in your district are now organized, it is deemed proper that you immediately lay the facts of the case before Judge Cooper, the juez de primera instancia of Sonoma district, for his action in the premises. Very respectfully, your obedient servant, General M. G. VALLEJO, H. W. HALLECK, Brevet Captain, and Secretary of State. Sub-Indian Agent, Sonoma, California. STATE DEPARTMENT OF CALIFORNIA, MAJOR In compliance with your request of the 18th instant, I transmit herewith copies of reports from Captains Folsom and Marcy, and Lieut. Davidson, from which you will be able to ascertain the amounts due the "civil fund" from the military departments of the government. The sum of $6,200 transferred by Captain Folsom to Captain Marcy was for civil purposes, and has been accounted for by him as such. 'The $10,000 transferred to Major Hardie was for raising troops in Oregon, but very little of it was so expended; nor, so far as is shown by the records of this office, has it ever been restored to the "civil fund.” The $70,000 transferred to Purser Forest was for paying the expenses of bringing emigrants from Lower California. The loan was made to the navy at the request of Commodore Jones, but how much of it was expended is not known. Nor is it known that any arrangements have been made for refunding the sum of $3,500 transferred to Major Rich, and the sum of $200 transferred to Lieutenant Warren. All these items should, therefore, be charged on your books as due the "civil funds." It appears from Lieutenant Davidson's accounts, enclosed herewith, that he transferred $10,804 50 to the quartermaster and commissary's departments; but, as his accounts have been sent to Washington, I do not know how much to each, nor the dates of the transfer. As Lieutenant Davidson is in your vicinity, you can get these items from him. It appears from the enclosed copy of a letter from Captain Ingall that he has received $896 70 of civil funds" from the collector of San Pedro. It does not appear from the records of this office that any authority or permission was ever given for the transfer; nor was it known here that the money had been so transferred till the receipt of Captain Ingall's letter on the 21st of June last. In addition to the items mentioned in Captain Marcy's report, that of ficer has loaned from the "civil funds" the following sums : 1848. August 17. To Captain Lanman, United States navy October 13. To Captain Lanman. August 30. To S. E. Woodworth April 12. To Colonel R. B. Mason do do $50 00 60 00 500 00 100 00 2,500 00 |