My instructions tell me it is the duty of the Executive to carry on the war with all the rights and subject to all the duties imposed by the laws of nations, a code binding on both belligerents. The possession of portions of the enemy's territory, acquired by justifiable acts of war, gives to us the right of government during the continuance of our possession, and imposes on us a duty to the inhabitants who are thus placed under our dominion. This right of possession, however, is temporary, unless made absolute by subsequent events. If, being in possession, a treaty of peace is made and duly ratified on the principle of "uti possidetis"—that is, that each of the belligerent parties shall enjoy the territory of which it shall be in possession at the date of the treaty-or if the surrender of the territory is not stipulated in the treaty so ratified, then the imperfect title acquired by conquest is made absolute, and the inhabitants, with the territory, are entitled to all the benefits of the federal constitution of the United States, to the same extent as the citizens of any other part of the Union. The course of our government in regard to California, or other portions of the territory of Mexico, now or hereafter to be in our possession by conquest, depends on those on whom the constitution imposes the duty of making and carrying treaties into effect. Pending the war, our possession gives only such rights as the laws of nations recognise; and the government is military, performing such civil duties as are necessary to the full enjoyment of the advantages resulting from the conquest, and to the due protection of the rights of persons and of property of the inhabitants. No political rights can be conferred on the inhabitants thus situated emanating from the constitution of the United States. That instrument established a form of government for those who are within our limits, and owe voluntary allegiance to it, unless incorporated, with the assent of Congress, by ratified treaty or by legislative act, as in the case of Texas. Our rights over enemies' territory in our possession are only such as the laws of war confer, and theirs no more than are derived from the same authority. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. L. W, BOGGS, Esq., MONTEREY, CALIFORNIA, June 3, 1847. SIR: I find among the papers turned over to me by General Kearny, when he left this place on his return to the United States, the proceedings of a public meeting held at Sonoma on the 21st of the last month, of which you were the chairman, requesting the General to recall his order for the removal of Mr. J. H. Nash from the office of alcalde of Sonoma district. I know not the reasons that influenced the General in his removal of Mr. Nash, but am bound to presume they were good and sufficient, and therefore I cannot feel justified in revoking his order. It may not be improper to remark, that many of my countrymen in California labor under a mistake in believing that, because we are in possession of the country, we are under the constitution and laws of the United States. Pending a war with a foreign country, a possession of any of the enemy's territories acquired by conquest gives only such rights as are recognised by the laws of nations, and theirs no more than are derived from the same authority. I have little doubt but that in a very short time we shall have the good tidings of peace; then to a certainty, to a great and moral certainty, California will forever belong to the United States, and we all shall enjoy the blessings of our own constitution and laws. In the mean time it behooves every good man, each in his respective sphere, as far as in him lies, both by precept and example, to preserve the quiet of the country that now so happily exists, and to abstain from all things that might have a tendency to produce an excitement through the country, or an irritation in the minds of the native citizens. Let the Californians, when they come under the constitution and laws of the United States, as they in vitably must, be as favorably impressed as possible towards our people and our institutions. I am, sir, very respectfully, your obedient servant, Colonel 1st Dragoons, Governor of California. Mr. JOHN GRigsby, MONTEREY, CALIFORNIA, June 3, 1847. SIR: Your communication of the 20th ultimo, and its enclosure, addressed to General Kearny, was turned over to me unacted upon by that officer when he left here on his return to the United States. In that communication you say: "I deem my title perfectly valid before the Mexican government, but I am desirous that it should be ratified by the United States government, and that I have now the honor respectfully to solicit your excellency's approbation to the same, in order to its perfect security.' The United States can ratify no land titles in California until her laws and courts are established in the country; at present she pretends to the exercise of no right that is not authorized by the laws of nations and the laws of war. I am, respectfully, your obedient servant, NATHAN SPEAR, R. B. MASON, Colonel 1st Dragoons, Governor of California. San Francisco, California. MONTEREY, CALIFORNIA, June 3, 1847. SIR: Your letter of the 10th May, addressed to the governor of Upper California, was turned over to me by General Kearny when he left here on his return to the United States. It is not proper that I should exercise the power of granting lands in California to individuals; that can only be done by the Congress of the United States, when she establishes her laws over the country. At present I pretend to exercise no right that is not authorized by the laws of nations and the laws of war. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Mr. GABRIEL ALBISU, Santa Clara, California. MONTEREY, CALIFORNIA, June 4, 1847. SIR: I find among the official papers left here by General Kearny two communications from you to that officer, dated on the 28th May, to which I have the honor now to reply. The case which you present of the claim of Mr. Oliver to the garden at the mission of San Juan has already been disposed of by my predecessor in office, by his decree bearing date the 22d of March last. The various claims which exist in California to mission property can only be settled by the proper judicial tribunals, when they are established in the country. I regret that it is beyond the reach of my authority or power to cause the pension which has heretofore been paid by the government of California, from the custom-house funds at this port, to be continued to Pedro Atillan. The funds now collected at the custom-house in Monterey belong to the United States, and cannot be paid in the way of pension to any person whatever, until that person's name has been placed upon the pension list by an act of the Congress of the United States. I have the honor to be, sir, with high regard and esteem, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Mr. J. S. MOERENHOUT, MONTEREY, CALIFORNIA, June 7, 1847 SIR: You will, upon the receipt of this communication, deliver over to Mr. L. W. Boggs, the alcalde at Sonoma, all the books, papers, and records of every description appertaining to the alcalde's office at that place. Be pleased also to turn over to Mr. Boggs all funds or obligations for funds arising from the sale of lots in Sonoma, together with a schedule of all lots that you have sold, and an account current of the proceeds, &c. I am, respectfully, your obedient servant, R. B. MASON, Mr. NASH, Colonel 1st Dragoons, Governor of California. At Sonoma, California. NOTE. The original of this letter this day enclosed to L. W. Boggs in the letter addressed to him and dated on the 2d instant. JUNE 7, 1847. Know all men by these presents, that I, Richard B. Mason, colonel first regiment dragoons, United States army, and governor of California, by virtue of authority in me vested, do hereby appoint William B. Ide land surveyor for and in the northern department of Upper California. Done at Monterey, Upper California, this 7th day of June, 1847, and the seventy-first of the independence of the United States. R. B. MASON, Colonel 1st Dragoons, Governor of California. MONTEREY, CALIFORNIA, June 7, 1847. SIR: I have reflected upon the subject presented in your letter of the 6th May, addressed to General Kearny, my predecessor in office. I possess no authority to make or authorize the grants of land in California; my authority here is that of a belligerent, which gives only the right acquired by conquest to establish a temporary government during the time the province is held by a miliary force. Any grant of land that I might make or authorize to be made would therefore be null and void, if, at the definitive treaty of peace, Mexico were to retain California. I do not mean by this that there is the slightest possibility that Mexico will ever again recover California, by treaty or otherwise. It being the practice and custom of the country for the alcaldes to sell lots within the limits of their town, as I know is done both here and at San Francisco, you are hereby authorized to carry out so much of General Vallejo's instructions from the Mexican government as relates to the sale of lots in the town of Sonoma; the proceeds, after paying expenses, to be applied for benefiting and improving the town. I see that in the instructions to General Vallejo above mentioned, as published in the Californian of the 10th of April, the word "grant" is used, and not the word "sell" or "sale." That word "grant," as applied to town lots, I construe, for your guide, to mean sale of town lots, to sell town lots, town lots sold; and in view of that construction, I have used the word "sale" in the authority above given you. The town lots sold by the former alcalde, Mr. Nash, must stand, as to title, on the same footing as those sold, or to be sold, by yourself. Congress will unquestionably confirm all titles so given when our title to California is made absolute by a definitive treaty of peace, if the title as it stands is not deemed sound and good without such confirmation. I am, respectfully, your obedient servant, Mr. L. W. BOGGS, R. B. MASON, Colonel 1st Dragoons, Governor of California. Alcalde at Sonoma, California. P. S.-I have inadvertently spoken of General Vallejo's instructions as instructions from the Mexican government. In this I was wrong. The instructions were from José Figueroa, the governor of Upper California in 1835. June 8, 1847. MONTEREY, CALIFORNIA, June 14, 1847. GENTLEMEN: I have the honor to acknowledge the receipt of your communication of the 5th of the present month, addressed to General Kearny, my predecessor in office. I admire and applaud the feelings of patriotism which dictated your letter. In the present condition of affairs in California, the alcaldes are not "authorities of the United States, nor are they Mexican authorities. They are the civil magistrates of California, and therefore the "authorities of California" within their respective jurisdictions, subject to removal from office by the authority of the governor, and, from the circumstances in which the country is at present placed, must necessarily be so. It is so essentially necessary to the preservation of law and order that the offices of alcalde at Santa Barbara should be filled by good men, that I fondly cherish the hope you will continue to California those good services which I know you are so capable of performing. I am, gentlemen, with sentiments of great respect and esteem, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Señores Don PABLO DE LA GUERRA, and Don LUIS CARRILLO, Alcaldes at Santa Barbara. Know all men by these presents, that I, Richard B. Mason, colonel 1st regiment dragoons United States army, and governor of California, by virtue of authority in me vested, do hereby appoint James F. Reed sheriff of the district of Sonoma, on the north side of the bay of San Francisco. Given at Monterey, the capital of California, this 14th day of June, in the year of our Lord eighteen hundred and forty-seven, and the 71st of the independence of the United States. R. B. MASON, Colonel 1st Dragoons, Governor of California. MONTEREY, CALIFORNIA, June 14, 1847. SIR: I should have done myself the honor to have answered your note of the 7th instant at an earlier date, but that it was kept until Saturday by Lieutenant Maddox, into whose hands I placed it, that he might have the opportunity of offering anything he had to say touching the subject to which it refers. The accompanying papers, marked 1, 2, 3, and 4, will show you the lieutenant's version of the subject. It is expected that our Congress at their next meeting will make an early appropriation for the purpose of satisfying the just claims existing in California against the United States. The demands of Richards and Maube will then have to be submitted to such person or persons as may be appointed to adjudicate and pay off such claims. I have the honor to be, sir, with great respect and esteem, your obedi- Mr. J. S. MOERENHOUT, |