STATE DEPARTMENT OF CALIFORNIA, SIR: On the recommendation of the superior court of California, the governor has appointed James S. Thomas a judge of first instance for the district of Sacramento, with civil jurisdiction only. His commission takes effect on the first day of October next; after which time, your ju risdiction will, in conformity with the laws, be confined to criminal mat ters only. Very respectfully, your obedient servant, Hon. W. E. SHANNON, H. W. HALLECK, Brevet Captain, and 'Secretary of State. Judge of First Instance, Sacramento district. STATE DEPARTMENT OF CALIFORNIA, Monterey, September 26, 1849. MAJOR: You were authorized on the 5th instant to loan from the "civil fund," to the pay department, the sum of thirty thousand dollars. If - that sum was not turned over to Major Leonard before he left for Oregon, the governor requests that you will furnish Captain Kane with instructions to deliver one-third of it to the paymaster at this place. Very respectfully, your obedient servant, Major R. ALLEN, H. W. HALLECK, Brevet Captain, and Secretary of State. Civil Treasurer, San Francisco, California. EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, October 31, 1849. GENERAL: The convention which assembled at this place on the 1st of September has completed its labors, and the constitution formed by that body was submitted on the 12th instant to the people for their approval, and I have no doubt of its being ratified by the almost unanimous vote of the qualified electors of this country. A printed copy of this constitution is enclosed herewith. You will see by examining the schedule that it is contemplated to put the new government into operation on or soon after the 15th day of December next; and I shall then surrender my civil powers to whosoever may be designated under the constitution as the executive of the new State. Whatever may be the legal objections to putting into operation a State government previous to its being acknowledged or approved by Congress, these objections must. yield to the obvious necessities of the case; for the powers of the existing government are too limited, and its organization too imperfect, to provide for the wants of a country so peculiarly situated, and of a which is augmenting with such unprecedented rapidity. population I have deemed it my duty to pay from the "civil funds" the current expenses of the convention, and also the salaries of officers as authorized by that body. In the absence of any legislative assembly, I have regarded. this convention as representing the wishes of the people of California in the -matter of public expenditures. It is true that the salaries and payments authorized by the convention were high, and by some may be considered extravagant; but in deciding upon their justice, we must take into consideration the peculiar state of the country, and the high prices paid here for everything, even including the necessaries of life. It, however, will continue to be my aim, as it has been heretofore, to keep the expenditures from the "civil funds" within the limits of the strictest economy; nevertheless, the expenses of a civil government in this country are now, and will be for years to come, very large. The whole country remains remarkably quiet, and the civil officers encounter no serious difficulties in enforcing the laws. It is therefore hoped and believed that the powers of the existing government will be found sufficiently ample to preserve the public tranquillity until it shall be replaced by a more perfect organization under the constitution. For my views with respect to the proper disposition to be made of the mineral and agricultural lands in this country, with respect to the importance of immediately establishing a mint in California, and the use which should be made of the "civil funds" which have accrued from the customs collected here by the governor of California previous to the assumption by the general government of the control of this matter, I would respectfully refer you to my former civil despatches. The atten tion which I have given to these subjects since writing those despatches. has only tended to confirm the opinions there expressed. This despatch and the accompanying papers will be delivered to you by Mr. J. McHenry Hollingsworth, late lieutenant of the regiment of New York volunteers disbanded in this country. He has, in accordance with the instructions of the Secretary of War, been furnished by the quartermaster's department with transportation to the place of his enlistment. Mr. Hollingsworth has proved himself a faithful and trustworthy officer, and merits in every respect the confidence of the government. Very respectfully, your obedient servant, B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. Major General R. JONES, Adjutant General of the Army, Washington, D. C. STATE DEPARTMENT OF CALIFORNIA, MAJOR: I have the honor to acknowledge the receipt of your letter of the 29th ultimo, enclosing summary statement of "civil funds" for August. That letter has been submitted to General Riley, who directs me to express to you his surprise at your question, Whether or not you were to continue to loan the "civil funds" to the quartermaster's department? In all the instructions which have been given respecting this fund, it has been expressly stated that none of this money could be expended or loaned without the direct order of the governor. Very respectfully, your obedient-servant, Major R. ALLEN, H. W. HALLECK, Brevet Captain, and Secretary of State. United States Army, San Francisco, California. STATE DEPARTMENT OF CALIFORNIA, Monterey, October 3, 1849. SIR: I am directed by the governor to acknowledge the receipt of your letter of the 29th ultimo, and to say, in reply, that the appointments of sheriff's and clerks will be left, as heretofore, to the courts. Very respectfully, your obedient servant, Wm. B. ALMOND, H. W. HALLECK, Brevet Captain, and Secretary of State. Judge of First Instance, San Francisco, California. STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letter of the 27th ultimo, and to say, in reply, that the appointments of sheriffs and clerks will be left, as heretofore, to the courts. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. R. M. MAY, STATE DEPARTMENT OF CALIFORNIA, SIR: I have the honor to acknowledge the receipt of your letter of September 29, and the enclosed copy of the record in the case of the people of Upper California vs. Joseph Daniel. It is not believed to be required either by the laws or usages in California that the governor should approve the sentence of the courts of first instance. All appeals and references from this court should be made, not to the executive, but to the superior tribunal. The governor, therefore, directs me to return herewith the copy of the record in this case, such action as may be deemed necessary and proper. Very respectfully, your obedient servant, Hon. J. W. GEARY, H. W. HALLECK, Brevet Captain, and Secretary of State. Judge of First Instance, San Francisco, California. for EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, October 4, 1849. The bearer, William C. Jones, esq., being on public business, all civil officers of the government of California are requested to allow him to ex. amine the archives of the different public offices. B. RILEY, Brevet Brigadier General, and 'Governor of California. STATE DEPARTMENT OF CALIFORNIA, Monterey, October 4, 1849. SIR: I have the honor to acknowledge the receipt of your letter of August 29, appealing to the governor in certain cases tried before the alcalde of Sonoma. Appeals of this kind should not be made to the governor, but to the superior tribunal, which is now completely organized and in session. Very respectfully, your obedient servant, H. W. HALLECK, Capt. J. E. BRACKETT, Sonoma, California. 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 Charles C. Moore a notary public in and for the district of San Francisco. Given under my hand and seal, at Monterey, California, this 4th day of October, in the year of our Lord eighteen hundred and forty-nine. B. RILEY. Official: Brevet Brig. Gen. U. S. A., and Governor of California, H. W. HALLECK, Secretary of State, and Brevet Captain. 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 Thomas Filden a notary public in and for the district of San Francisco. Given under my hand and seal, at Monterey, California, this 4th day of October, in the year of our Lord eighteen hundred and forty-nine. Official: Brevet Brig. Gen. U. S. A., and Governor of California. 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 Charles J. Brenham a notary public in and for the district of San Francisco. Given under my hand and seal, at Monterey, California, this 4th day of October, in the year of our Lord eighteen hundred and forty-nine. Official: B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. Know all men by these present, 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 Julius R. Rose a notary public in and for the district of San Francisco. Given under my hand and seal, at Monterey, California, this 4th day of October, in the year of our Lord eighteen hundred and forty-nine. Official : B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. STATE DEPARTMENT OF CALIFORNIA, GENTLEMEN: I am directed by the governor to acknowledge the receipt of your letter of September 30. As the revenue laws of the United States are now extended over California, the governor does not consider himself authorized to interfere in their execution. The collector of San Francisco is the proper person to decide whether you are entitled to the drawback of $381, and the governor leaves the question for such action as he may deem proper. Very respectfully, your obedient servant, Messrs. E. MICKLE & Co., H. W. HALLECK, Brevet Captain, and Secretary of State. San Francisco, California. STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letters of September 11 and 17. The governor cannot consent to pay the prefect's clerk any higher salary than that authorized by law. The question of appointing an additional judge of first instance in the district of San Francisco had been acted on by the superior tribunal previous to the receipt of your letter. Very respectfully, your obedient servant, Hon. H. HAWES, H. W. HALLECK, Brevet Captain, and Secretary of State. Prefect of San Francisco, California. STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letter, (without date,) and to say, in reply, that, as Congress has failed to pass any laws respecting the occupation and sale of public lands in Cali |