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HEADQUARTERS TENTH MILITARY DEPARTMENT,

. Monterey, California, October 9, 1847. Sır: I herewith transmit to you copies of all letters, &c., appertaining to the civil department of California up to this date, with the exception of some few that are so entirely unimportant that I deemed it not worth while to have them copied, or to trouble you with reading. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, commanding. Brig. General R. JONES,

Adjutant General Ü. S. Army, Washington.

New HELVETIA, July 12, 1847. Mr. Samuel Smith, from the Upper Sacramento valley, has called upon me and made the following statement: That the citizens of that part of the country had sent him as their agent to inform me, as the sub-Indian agent of this district, that some two weeks since, Antonio Maria Armijo, (Californian,) Smith, and John Eggar, (foreigners,) citizens of the Sonoma district, visited an Indian rancheria, some sixty miles north of this post. They were received by the Indians kindly, and furnished with food, berries, &c. After remaining some half hour, they commenced an attack on the defenceless Indians--killed thirteen of their number, and took thirty-seven prisoners and carried them off as slaves. I immediately informed the alcalde of Sonoma of the transaction, and requested Mr. Smith to go before the alcalde of this district and make affidavit. Yesterday a chief of the “ Yousumney" tribe, living on Consumney river, 20 miles from this place, made the following complaint to me: That two Californians, Rafael Altamiras (alias Rey) and Hixalto, came to his village on Saturday, the 10th instant, and claimed some horses that Lieutenant Riviere, of the United States navy, had left with them, and left the papers with them to that effect. They took the horses, and whipped the chief severely, and cut up his hat, and otherwise abused them. immediately informed the alcalde of this district of the outrage, but they escaped. I this day also write to the alcalde of the Upper Pueblo, of which district they are citizens, on the subject.

You will confer a great favor on myself, as well as the suffering Indians, by giving me, in writing, my instructions as to how I am to act in these cases, as well as the general management of the Indians, as subIndian agent for this district. I have the honor, sir, to be, respectfully, your obedient servant,

J. A. SUTTER, Sub-agent for the Indians on Sacramento and San Joaquin rivers. R. B. Mason, Colonel 1st Dragoons, Governor,

Commander-in-chief of the land forces in California.

True copy:

W. T. SHERMAN, First Lieutenant 3d Artillery, A. A. A. General.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, July 14, 1847. Sir: Your communication of the 24th June and the accompanying copies of papers have been duly received. It gives me much gratification to learn that you have accepted and entered upon the duties of collector of customs and harbor-master at San Diego. Your salary will be at the rate of one thousand dollars per annum, provided revenue to that amount be collected and received in your office, the expenses of which being first paid. I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. Don MIGUEL DE PEDRORENA,

Collector of Customs, San Diego, California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, July 14, 1847. Sir: Your communication of the 5th instant has been received. I will endeavor to visit San Francisco some time during the present month, and have adjusted the question concerning the survey of the 100 varas lots. It I cannot shortly visit your town, I will appoint commissioners to examine the question and make a report upon the subject. I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. GEORGE HYDE,

Alcalde, San Francisco, California.

Know all men by these presents, that I, Richard B. Mason, colonel Ist regiment United States dragoons, and governor of California, by virtue of authority in me vested, do hereby appoint John Foster an alcalde in the district of San Juan, embracing the ranches of San Juan, San Luis, and Pala, in Upper California.

Given at Monterey, the capital of California, this 14th day of July, 1847, and the 720 of the independence of the United States.

R. B. MASON, Colonel 1st Dragoons, Governor of California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, July 16, 1847. Captain: I return you the account of Mr. J. F. Reed, sheriff: see my remarks thereon. The account should be supported by sub-vouchers, as in the case of account against the United States. You had better make out an account in form, &c., and send to him. The charge of $3 per day for himself and horse, I think, is rather high; the other charges are reasonable enough. There is no necessity for opening an account with the treasury touching the civil funds of California; that is a matter to be settled here. Make out a quarterly account and vouchers of the civil fund, and send them to this office. I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. Captain Folsom,

Assistant Quartermaster, San Francisco, California.

ROBIDOUX

VS. LEASE.

The plaintiff in this cause came forward by his attorney on the 22d of June, 1847, and petitioned for a change of venue, on the ground that the recently appointed judge or alcalde, before whose court the cause then stood, had been employed as counsel in the case; but the petition did not disclose the fact that this judge had been the plaintiff's own counsel. That would have been a sufficient ground for the defendant to base an application upon for a change of venue, but not for the plaintiff, because any prejudices that the judge might have formed would very naturally have been in favor of his client, and not against him. The venue, however, was changed from San Francisco to Monterey.

On the 13th of the present month, the plaintiff again came forward and petitioned that the venue be changed a second time. To this latter petition the counsel on both sides have filed their arguments, much of which is so entirely foreign to the question before me that I deem it only necessary to state that, in all criminal cases, a change of venue is only allowed to the defendant; in other cases, neither party is ever granted more than one change of venue. Were this rule not to prevail, there would be no end to the expense, the vexation, and delay that litigating parties might cause each other. The rule will be adhered to; the venue will not be changed.

R. B. MASON, Colonel 1st Dragons, Governor of California. MONTEREY, CALIFORNIA, July 21, 1847.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, July 21, 1847. Sir: I have this moment received your letter of the 12th instant. I very much regret to hear that such great outrages have been committed upon the Indians as those reported in your above-mentioned letter. I beg that you will use every exertion to cause the guilty persons to be arrested, for which purpose you will call on the military officer near you for all the assistance in his power to afford. The good citizens of the country, as they value its peace and safety, should also render what assistance they can to arrest those men and bring them to condign punishment. When arrested, I will organize a tribunal for their trial, and, if sentence of death is passed upon them, will have it executed. The safety of the frontier shall not be put at hazard by a few lawless villains.

The Indians that have been captured you must at once seize, by any means in your power, and restore them to their people: tell them that these atrocious acts have been committed by lawless scoundrels, and are entirely condemned by the authorities and all good men of the country, and that the perpetrators of the outrages shall be made a public example of. Very respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. Mr. J. A. SUTTER,

Sub- Indian Agent, New Helvetia, California.

Know all men by these presents, that I, Richard B. Mason, colonel 1st dragoons United States army, and governor of California, by virtue of authority in me vested, do hereby appoint Jacob R. Snyder land surveyor in the middle department of Upper California.

Done at Monterey, the capital of California, this 220 day of July, 1847, and the 72d of the independence of the United States.

R. B. MASON, Colonel 1st Dragoons, Governor of California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, July 22, 1847. SIR: Mr. Nash, the late alcalde at Sonoma, arrived here the night before last in the United States ship Dale. Yesterday morning 1 had an interview with him, at which he expressed himself in terms of regret at the course he had pursued; and he has given me his word that he will immediately give up to you all the books, papers, and records of the alcalde's office, and render an account of all lots disposed of by him, all funds and obligations for funds arising from the sale of lots or otherwise, appertaining to the town of Sonoma, that have come into his possession. I think there will be no further trouble in this matter. Mr. Nash has made me every promise that I could possibly require of him, and seems to be now sensible of the error committed, I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California, Mr. L. W. Boggs,

Alcalde, Sonoma, California.

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 Jacob R. Snyder land surveyor in the United States department of Upper California.

Done at Monterey, the capital of California, this 22d day of July, 1847, and the 72d of the independence of the United States.

R. B. MASON, Colonel 1st Dragoons, Governor of California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, July 15, 1847. SIR: There is wanted in San Francisco an efficient town government, more so than is in the power of an alcalde alone to put in force. There soon may be expected a large number of whalers in your bay, and a large increase of your population by the arrival of emigrants; it is therefore highly necessary that you should, at an early day, have an efficient town police, proper town laws, town officers, &c., for the enforcement of the laws for the preservation of order, and for the proper protection of persons and property

I therefore desire you call a town meeting for the election of six persons, who, when elected, shall constitute the town council, and who, in conjunction with the alcalde, shall constitute the town authorities until the end of the year 1848.

All the municipal laws and regulations will be formed by the council, but executed by the alcalde in his judicial capacity, as at present. The first alcalde will preside at the meetings of the council, but shall have no vote, except in cases where the votes are equally divided.

The town council (not less than four of whom shall constitute a quorum for the transaction of business) to appoint all the necessary town officers, such as treasurer, constables, watchmen, &c., and to determine their pay, fees, &c. The town treasurer to enter into ample and sufficient bonds, conditioned for the faithful performance of his duties, the bonds to be fully executed to the satisfaction of the council before the treasurer enters upon his duties.

The second alcalde shall, in case of the absence of the first alcalde, take his place and preside at the council, and then perform all the proper functions of the first alcalde. No soldier, sailor, or marine, nor any person who is not a “bona fide” resident of the town, shall be allowed to vote for a member of the town council.

AUGUST 13. I had written the above, when a press of business came upon me which caused me to lay it aside for the time. I was then unexpectedly called to the south, which has caused a delay in this matter. Since my return, I see by the Californian of the 31st July that you have organized a council, &c., &c. Now, the council can either stand: as it is, or an election be held, as may be deemed advisable. Whatever may be most agreeable to the good people of your town, cannot but be satisfactory to me. I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California Mr. GEORGE HYDE,

First Alcalde, San Francisco, California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, July 17, 1847. Sir: I have the honor to acknowledge the receipt of your communication of the 27th ultimo.

When the proper civil tribunals are established in the country, a ready means will be afforded for the redress of such grievances as those com

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