HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I have to acknowledge the receipt of your communication of the 29th of March. It will not be in my power to make any grants, temporary or otherwise, conferring rights or privileges to public lands, it being beyond the scope of my authority. I am, respectfully, your obedient servant, SIR: Your communication of the 27th of March was not received until after the ship Barnstable left here. I will send you the powder and lead by the first opportunity. I think you had better send a pack horse for it. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. JOHN M. PRICE, Alcalde, San Luis Obispo. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 5, 1848. ŞIR: Your letter of the 20th ultimo, reporting the arrest of Benjamin Foxon, charged with the murder of Augustine Davilla on the morning of the 22d of March, near the mission of Santa Ynez. has been received. As there are at this time no regularly organized courts in California before whom Foxon can be arraigned and tried, and that so atrocious a crime as murder may not go unpunished, I enclose a commission appointing yourself and Estavan Ardisson judges to hold a special court for the trial of the said Foxon on the charges herewith trasmitted. You will cause a jury of twelve good men to be empannelled for his trial. It would be well to summon eighteen or twenty jurors, so that if any are objected to, there may be others on the spot to supply their places. A list of the jurors summoned should be given to the prisoner two days before he is put upon his trial. Be careful to have each juror and witness and interpreter properly sworn, and see that the prisoner has a fair and impartial trial. If found guilty by the unanimous voice of the jury, the court will pronounce sentence upon him; which, together with the whole record, will be forwarded to me. The record should accurately present each day's proceedings of the court, and should show that each juror, witness, and interpreter was duly sworn. The testimony given in should be entered, as near as can be, in the very words of the witness, who should accurately state, as near as he can, the day, month, year, and place where the alleged murder was committed. The trial will take place at Santa Barbara on Monday, the 1st day of May next, or as soon thereafter as practicable. Mr. Dent, of this place, will be sent down to conduct the prosecution on the part of the Territory. You will appoint some one sheriff for the occasion, and also appoint the clerk of the court, and cause the jurors and witnesses to be summoned in due season. If the prisoner is acquitted, the costs will be paid by the acting assistant quartermaster at Santa Barbara. If he is convicted, and unable to pay the costs of the prosecution, they will be paid as above. I am, respectfully, your obedient servant, R. B. MASON,. Colonel 1st Dragoons, Governor of California. Don Pedro C. CARRILLO, I, Richard B. Mason, colonel 1st regiment of dragoons United States army, and governor of California, by virtue of authority in me vested, do hereby appoint Don Pedro C. Carrillo and Don Estavan Ardisson judges to hold a special court at Santa Barbara on Monday, the 1st day of May, 1848, or as soon thereafter as practicable, for the trial of Benjamin Foxon, charged with the murder of Augustine Davilla. Given at Monterey, the capital of California, this 5th day of April, 1848, and the 72d year of the independence of the United States. R. B. MASON, Colonel 1st Dragoons, Governor of California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 5, 1848. SIR: The cost of the prosecution that will be incurred on the coming trial of Benjamin Foxon, charged with murder, will be paid if acquitted, by you, out of the military contribution fund, according to the rates mentioned below. If the prisoner is convicted and unable to pay the costs, they will in that case be paid by you the court to certify to the correctness of the bill of costs before you pay. JUDGES Will be allowed for each day the court is actually in session SHERIFF. For summoning each juror and witness For each mile travelling in summoning jurors and witnesses JURORS AND WITNESSES. For each day's attendance on court For each day occupied in travelling to and from the court by the most direct route, reckoning a day's travel at 35 miles For each mile travelling to and from the court by the most direct route $0.06 CLERK OF THE COURT. For each day the court is in actual session I am, respectfully, your obedient servant, Colonel 1st Dragoons, Governor of California. Lieutenant H. S. CARNES, 1st New York Volunteers, A. A. Quartermaster, Santa Barbara. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 5, 1848. SIR: In reply to that part of your letter of the 24th ultimo as to Colonel Stevenson's authority for sending into your jurisdiction for certain persons, and his requiring you to send Badillo to the pueblo, I have to reply that Colonel Stevenson is the supreme authority in the southern district of Upper California, and as such is responsible to me for the peace and quiet of that part of the country, and for the protection of the persons and property of its inhabitants; and that it is fully within the scope of his authority and power to summon any persons to appear before him whose presence he requires, and this he may do by sending direct to the person or persons, or instruct the alcalde to send them. Badillo must, therefore, not refuse to obey the summons of Colonel Stevenson. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Don PEDRO C. CARRILLO, 1st Alcalde, Santa Barbara. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 5, 1848. SIR: Amas has been here to see the French consul, who is temporarily in charge of the consulate of Spain. In a conversation with the consul, he informed me that from the strong order you gave Amas, and the threat of imprisonment, he was afraid to go to the pueblo, and requested me to write and ask that no violence might be used towards Amas. I replied to the consul, that whilst you would thoroughly investigate the manner in which the mission property had been disposed of, I was sure you would do nothing improper in the matter, and that I would write according to his request. I am, respectfully, your obedient servant, Colonel J. D. STEVENSON, R. B. MASON, Commanding S. M. District, Los Angeles, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I understand that you have in your possession the original decree of the departmental assembly, annulling the sales of the mission made by Don Pio Pico. I desire that you will send said decree to me through the hands of Don Manuel Jomeno, without unnecessary delay. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Don RAYNUMDA CAULLO, Santa Barbara, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 8, 1848. SIR: The jury before which Garcia was tried have decided that he be put under bonds to keep the peace, and not again molest or disturb the family of Mr. William Richardson; and that in the event of his not being able to give good and sufficient bonds, he is prohibited from going into the San Rafael district. You will therefore release Garcia from confine. ment, that he may give bonds to you to the amount of five hundred dollars, conditioned for the purposes above stated. If he goes into the San Rafael district without giving such bonds, he will be liable to be again arrested. I am, respectfully, your obedient servant, Colonel 1st Dragoons, Governor of California. Captain J. B. FRISBEE, Commanding, San Francisco, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I have to acknowledge the receipt of your letter of the 3d instant, relative to your arrest and imprisonment, on the 7th of January, by Don Pablo Guena, then acting as alcalde. It has been the practice in all cases since I have been in California, for an alcalde, when his term of service expired, to continue in the discharge of the duties of his office until he was relieved by his successor duly ap pointed, during which time all of the official acts have been recognised and acquiesced in by the parties concerned. Viewing these cases as precedents, I am inclined to believe that you could not maintain an action against Don Pablo for his official acts during the time to which you allude. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Don JOSE CARRILLO, Santa Barbara. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 12, 1848. SIR: I have to acknowledge the receipt of your letter of the 2d instant, asking that I would reverse the decision made by the umpire in the case of the horse race to which you refer. I must inform you that I have made it a rule not to entertain nor make any decision or order upon subjects of that character. I decline taking any action in such matters, and leave them to be settled by the parties themselves. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Dan G. ARDISSON, Santa Barbara. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: The eight articles of regulation which were published by yourself and the second alcalde, bearing date the 19th of last month, for the promotion of good order, police, &c. in and about Santa Barbara, have been translated by Mr. Hartwell, and are approved by me. You may rely upon the support of the United States authorities to sustain you in all proper acts as the chief civil magistrate in the jurisdiction of Santa Barbara; and whilst I urge you to be vigilant, firm, impartial, and decisive in the discharge of your official duties as an alcalde, I recommend at the same time as mild and conciliating a course to be pursued as the ends of justice will permit. I am, respectfully, your obedient servant, R. B. MASON, Col. 1st Dragoons, Governor of California. Don PEDRO C. CARRILLO, First Alcalde, Santa Barbara. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, April 13, 1848. SIR: I have to acknowledge the receipt of your letter of the 8th instant. It is not in my power to comply with your request. I have so many applications of a similar character, that I am obliged to refuse them all. În the one or two instances in which I have remitted the duties on importations, I may, when the custom-house officers' accounts are settled at the treasury, be called on to make good the amount of duties thus remitted. Were I to accede to all the applications that are made, I should stand committed to the treasury for thousands of dollars. The remission of duties by my order is nothing more than assuming the debt myself, if the amount is disallowed at the treasury. This I cannot do; nor should it be asked of me. I am, respectfully, your obedient servant, R. B. MASON, Col. 1st Dragoons, Governor of California. Mr. THOMAS DOUGLASS, San Francisco. I, Richard B. Mason, colonel of the first regiment of dragoons United States army, and governor of California, to all who shall see these presents, greeting: Be it known that leave and permission are hereby granted to William C. Hinckley, master of the schooner called the "Providence," lying at present in the port of Monterey, to engage in all lawful commerce, upon hte authority of this paper, until a proper register can be obtained for said |