law, and never for such purposes as the serving of civil processes and the collection of debts. It must be remembered that the military are not the agents of the municipal officers of California, and cannot properly be called upon to act in that capacity, although they will always be ready to lend all necessary aid and assistance to the civil officers in the execution of their duties. For the present, a prison should be rented by you; and as soon as the labor of your prisoners can be made available for that purpose, or a sufficient municipal fund can be raised, you should construct or purchase a suitable building for a jail, which should be the property of the town. If you think of any new sources of municipal revenue, you will please to report them to the proper authorities for their approval. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. PEDRO C. CARRILLO, Alcalde, &c., Santa Barbara, California. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, July 19, 1848. SIR: On the 8th of May I addressed a letter to Lieutenant Carnes, returning to him an informal voucher for the payment of $300, made to Pedro C. Carrillo on account of services as collector at Santa Barbara. On the 8th of the following month I again addressed Lieutenant Carnes, reminding him that he had not returned to me the corrected voucher of the payment made to Carillo, and required him to be more prompt in his correspondence, transmission of vouchers, &c. To neither of these let ters have I received any reply. You will place this letter in the hands of Lieutenant Carnes, who is hereby ordered to hand to you, for transmission to me, by the first ma from the south, the corrected voucher called for, together with his reasons, in writing, why the letters of the 8th of May and the 8th of June have not been attended to. Should Lieutenant C. fail to do this in time for the first mail from the south, you will release him from duty, and place him in arrest. I am, respectfully, your obedient servant, Capt. F. J. LIPPETT, R. B. MASON, Colonel 1st Dragoons, commanding. Commanding, Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, The proceedings of the special court convened at Santa Barbara, California, by virtue of an order of the 5th of April last, for the trial of Benja min Foxon, have been approved by the governor. Benjamin Foxon having been found guilty by a jury of twelve impartial men of the crime of manslaughter, or "homicide simple," was sentenced by said court to four years' imprisonment. This sentence will be carried into execution by the commanding officer of Santa Barbara. Copies sent to Captain Lippett and Pedro C. Carrillo. H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 20, 1848. SIR: Your letters of the 16th and 30th of June have been received. In the case of the Indian Juan José the governor has remitted a part of the fine imposed; and the alcalde has been directed to make preparations, as soon as possible, for having his prisoners guarded by civil officers, except when otherwise specially directed, and to ask for military assistance only in cases where the civil officers are unable to execute the laws. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain F. J. Lippett, Commanding, Sc., Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, The proceedings of the special court convened at Los Angeles, California, by virtue of an order of the 18th of April last, for the trial of Ruel Barnes, C. C. Canfield, Samuel Myers, and others, have been approved by the governor. Ruel Barnes having been found guilty by a jury of twelve impartial men of the crime of knowingly passing counterfeit coin, was sentenced by the said court to five years' hard labor in such place of detention as the governor might direct; at the same time, from the palliating circumstances which appeared upon the trial, as well as the youth of the prisoner, the court recommended him to mercy. In consequence of this recommendation of the court, the governor is pleased to mitigate the sentence to one year's confinement to hard labor, to date from the 23d of May, 1848. The sentence will be carried into execution under the direction of the commanding officer at Los Angeles. By the governor: H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Copy sent to Col. STEVENSON and STEPHEN C. FOSTER. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 20, 1848. SIR: The petition of the Indian Juan José, your own statement to Captain Lippett, and the testimony of various persons in Santa Barbara, have all been examined by the governor; and I am directed by him to call your attention to some irregularities of proceeding in the case of this Indian. Although his statements were in some respects improbable, nevertheless the persons accused by him of having sold the liquor should have been subjected to a proper trial, in order that their innocence or guilt might be fully established. If there were good reasons to suspect Francisco Vadillo of being the guilty person, he also ought to have been arraigned and regularly tried. In future, it will be necessary for you to arraign, try, and if proved guilty, commit all persons accused of selling liquor to Indians, in the manner directed in the governor's proclamation of the 29th of December last. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Don PEDRO C. CARRILLO, Acalde of Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 21, 1848. SIR: Your letter and accompanying papers announcing the return of Don Pio Pico have been received. You will require Don Pico to immediately report himself to you, and to give his written parole of honor that he will take no part whatever in the existing war between the United States and Mexico, either by bearing arms himself or by inducing others to do so, or by giving the Mexicans any aid or assistance of whatsoever character. Should he refuse to give such parole, he will be held as a prisoner of war. He must of course be treated with all the respect due to his rank and character; but, at the same time, a strict watch must be kept upon his conduct. By order of the governor: H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 21, 1848. SIR: I have to acknowledge the receipt of your letter of the 12th instant, enclosing certain papers relating to the cargo of the "Joven Guipuscuana." The governor directs that the vessel be entered according to the original invoices, paying on them the duties required by the present tariff. As these tariff regulations must have been known at Lima even before they reached this country, the governor does not feel himself justified in remitting the fine required by the tariff, (vide page 14 of Bibby's pamphlet,) and which will be imposed accordingly by the collector at San Pedro. If the invoices are not verified as required by the tariff regulations, the one-quarter additional duties will also be imposed. (Vide article 10, page 17, of Bibby's pamphlet.) The collector must retain her original manifest and require of her a new one, (vide articles 1 and 18 of the tariff regulations,) setting forth the amount of cargo with which she leaves your port. This ought to have been done at Santa Barbara, where the penalties incurred should have been imposed. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 21, 1848. SIR: I have to acknowledge the receipt of your letter of the 11th instant relating to police regulations at Santa Barbara, and also your letter of the same date, and the accompanying papers, relating to the military contribution imposed on that town. Your proceedings are entirely approved. In imposing this contribution, it was known that many innocent persons would be made to suffer for the acts of others; but, as it was impossible to distinguish between individuals, all were required to pay their quota. The contribution was upon the town, not upon individuals, and no one should consider himself as individually suspected of the crime, because, as a citizen of Santa Barbara, he is made to pay for the acts of that town. At the time of imposing this contribution, the governor had every reason to believe that the gun had been removed by some of the inhabitants of Santa Babara; but, as you think otherwise, he now directs that the money be retained in deposite by the acting assistant quartermaster, to be paid back again to the town as soon as proof is sent to headquarters that the act was not committed by any of the inhabitants, or, if by them, as soon as the guilty individuals are made known. The governor hopes that the people of Santa Barbara will assist him in his efforts to discover the real perpetrators of the act; but in the mean time each one must pay over his own part of the contribution, for all the citizens of a town are responsible for the acts of that town till the guilty individuals are pointed out. This is the law in many civil cases, and always the rule in war. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: It appears from information received at this office that the "Joven Guipuscuana" arrived at the port of Santa Barbara from Callao on the 9th of June last, with a manifest not certified to as required by the tariff regulations, (vide page 14 Bibby's pamphlet;) that the penalty required by the regulations was not imposed; and that the vessel was allowed to sail with her original manifest, which ought to have been retained and a new one given, as required by articles 1 and 18 of the tariff regulations. (See also articles 7 and 10.) The governor directs me to call your attention to that part of his letter of April 28 to Captain Folsom relating to the verification of invoices, (a copy of which was furnished you,) and to say that he is unable to account for so manifest a neglect of duty on the part of the collector of the port of Santa Barbara, as not to impose upon the "Guipuscuana" the penalty she incurred. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Captain F. J. Lippett, STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 22, 1848. SIR: Your letter of the 11th instant relating to the missions of San Buenaventura and Santa Barbara has been received. It appears from the contract (a copy of which is in this office) entered into by Nicholas A. Dew and Daniel A. Hill, that they have rented the mission of Santa Barbara for nine years from the 1st of January, 1846; for which they are to pay $1,200 per annum. With the mission are also rented all its selfmovable property and appurtenances, of which there was given an “inventory of delivery." The governor directs that you will endeavor to procure the original or certified copies of these inventories and of the bonds. given by the renters; and also to ascertain whether they have complied with the requisitions of the decree of the departmental assembly of May 28, 1845, and of the governor's regulations of October 28, of the same year, with respect to the preservation of the public property and the payment of the rents. The results of your examination will be communicated to the governor for his action in the case. - Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Colonel J. D. STEVENSON, Commanding, &c., Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, July 25, 1848. SIR: Your letter of July 11 enclosing a copy of your decision in the case of James McKinley vs. Chas. W. Flugé has been received. It was proper and just under the circumstances that the trial should be conducted in the English language, and your decision in the case is fully approved by the governor. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State STEPHEN C. FOSTER, Esq, First Alcalde, &c., Los Angeles, California. |