STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,
Monterey, July 25, 1848.

SIR: The commanding officer at Santa Barbara has been directed by the governor to restore to you the alcalde's staff of office, the key of the juzgado, and the saddle claimed by José Carrilo and one of the soldiers. of Captain Lippett's command, the saddle to be disposed of by you according to justice. Cases of offences committed by soldiers against the persons or property of citizens are to be tried only by military commissions, and cannot be taken cognizance of by the civil tribunals; but in all matters of trade or traffic between citizens and soldiers, military officers will, except in very extraordinary cases, allow the civil law to take its ordinary course.

Very respectfully, your obedient servant,

H. W. HALLECK, Lieutenant of Engineers, and Secretary of State.

Don PEDRO C. CARRILLO,

First Alcalde, Santa Barbara, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, July 25, 1848.

SIR: I have to acknowledge the receipt of your letter of the 17th instant, with the accompanying papers. It appears from these papers that, on the morning of the 15th instant, the first alcalde of Santa Barbara caused a saddle claimed as the property of José Carrillo to be taken from the house of one Badillo and carried to the juzgado for judicial decision in the case; that, without waiting for this decision, you immediately ordered the alcalde to deliver this saddle into the hands of Sergeant Mullory, "to remain in your possession until proof was furnished you that no officer or soldier of your command had any just claim upon it;" that the alcalde, being at dinner at the time, promised to attend to the matter on his return to the juzgado; that soon afterwards, and while the alcalde was engaged in the judicial examination of the case, you sent a sergeant and file of men with peremptory order that, if the property was not immediately given up, the alcalde be brought as a prisoner to the guard-house and kept in confinement until the saddle was delivered over to you; that, after receiving this saddle, you informed the alcalde that it would be given over by you to the person judged entitled to it by any civil court or magistrate after a fair trial, provided the alcalde did not sit as a judge on the case himself, he being a near relation of one of the parties claiming the property; that thereupon the alcalde resigned his office, turning over to you his staff and the key of the juzgado.

The governor, upon a full examination of these papers, directs me to say to you that he regards your proceedings as too hasty, being calculated to interfere with the due administration of justice, and to give unnecessary offence to a civil officer of the territorial government. He therefore orders that you immediately restore to the alcalde of Santa Barbara his staff of office, the key of the juzgado, and the saddle in dispute.

It is made obligatory, by the orders of the government, upon all military officers to pursue a mild and conciliatory course towards the civil magistrates and people of this country, and threats of imprisonment or an armed

force should not be resorted to, except under very aggravated circumstances, or in case of absolute necessity.

Cases of offences committed by soldiers against the persons or property of citizens can be tried only by military commissions; but, in matters of trade or traffic between citizens and soldiers, commanding officers (except in extraordinary cases, to be immediately reported to headquarters) will allow the civil law to take its ordinary course.

Very respectfully, your obedient servant,

Captain F. J. LIPPETT,

H. W. HALLECK,

Lieutenant of Engineers, Secretary of State.

Commanding, Santa Barbara, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, July 25, 1848. SIR: I am directed, by the governor, to furnish you with such information from this office as may be deemed useful for your guidance in the management of the affairs of the missions in your district.

By the Mexican law of August 17th, 1833, the missions of Upper and Lower California were secularized and made the property of the govern ment. Each mission was to constitute a parish, and be placed under the charge of a parish priest of the secular clergy, with a fixed salary.

The churches of the several missions, with the sacred vessels, orna. ments and other appurtenances, and such adjacent buildings as the govern ment may deem necessary, were to be assigned for the use of the parish. The most appropriate building of each mission was to be assigned for the habitation of the curate, with a lot of ground not exceeding 200 varas square. The remaining edifices were to be designated for court-houses, preparatory schools, workshops, &c. A lot of ground was also to be laid out in each parish for a burial ground. All the expenses of this law were to be provided for out of the product of the estate, capitals, and revenues at present recognised as the pious fund of the missions of California.

The governor of California at first declined acting upon this law of secu larization; but afterwards, on the 9th of April, 1834, he issued his provisional regulations converting three of these missions into pueblos.

By these regulations, the duties of the priests were confined to the spiritual affairs of the missions, while the territorial government assumed to itself the administration of all their temporal affairs. To each head of family, and to all over the age of 21 years, even when having no family, was to be assigned a lot of land not exceeding 400 varas square. nor less than 100, out of the common lands of the missions. Common lands, and, when convenient, municipal lands also, were to be assigned to each pueblo; one-half of the stock, seeds, and agricultural implements of the missions, was to be distributed to individuals in the same way. Al other lands and property to remain at the disposal of the governor. The fiscal affairs of these new pueblos were to be under the direction of ayuntamientos, while the legal matters were to be decided by the primary judges of the nearest town.

The emancipated Indians were to assist in the cultivation of the common grounds of the new pueblos, but were prohibited from selling any of the

lots or stock assigned them by the government. All contracts made by them were declared null and void, and the property sold by them was to be reclaimed by the government as national, the purchasers losing their money. If the Indians died without heirs, their property reverted to the

na'ion.

In the extraordinary session of the legislative body at Monterey, November 3, 1834, these regulations were confirmed, except the one rela. ting to the personal services of the Indians to the priests, and other regu lations framed marking out the different curacies, defining the salaries of their priests, &c.

The whole direction of the temporal affairs of these missions was transferred from the priests to civil officers called administrators, who were stationed in each mission. Their duties were to manage, under the general direction of the government, the property of their establishments for the benefit of the Indians, while the padres were to devote themselves to their spiritual labors. These administrators were to make no sales without the express orders of the government.

Governor Alvarado's regulations of January 17, 1839, declare null and, void all debts contracted by these administrators without the previous consent of the government. On the 1st of March, 1840, he made new regulations for the missions, replacing the administrators by mayordomos, and defining the powers of the latter over these establishments. Both of these sets of regulations seem designed merely to carry out the provisions of the previous laws and decrees. On the 29th of March, 1843, Governor Micheltorena ordered the missions of San Diego, San Luis Rey, San Juan Capistrano, San Gabriel, San Fernando, San Buenaventura, Santa Barbara, Santa Ynez, La Purissima, San Antonio, Santa Clara, and San José, to be delivered up to the priests, to be managed by them in the same manner as formerly.

The mission lands which had been granted previous to that date, in accordance with the law, were not to be reclaimed; but all the cattle property, and utensils of the missions, which had been let out, were to be restored to these establishments. One-eighth port of the total annual produce of every description of the missions was to be paid into the public treasury for the support of the government troops and civil officers.

By a decree of the departmental assembly of May 28, 1845, it was di rected that the missions of Monterey, San Juan Bautista, San Juan Capistrano, and San Francisco, (Solano,) be considered as pueblos, they having already been made such, and that their premises (except the reservations which have been mentioned) be sold at publie auction. That if the Indians of the missions of San Rafael, Dolores, (San Francisco Asi,) La Solidad, San Miguel, and La Purissima, did not, after one month's public notice by proclamation, unite for the purpose of occupying and cultivating the said missions, they be declared unoccupied, and be disposed of as the assembly and departmental government may deem best for the general good.

The remainder of the missions, as far as San Diego inclusive, to be rented out at the option of the government, care being taken to secure their prosperity. The principal edifice of the mission of Santa Barbara not to be included in the renting of the missions-one-half of the total rent of this mission to be invested for the benefit of the church and the maintenance of its ministers, and the other half for the benefit of its Indians..

Of the rents of the other missions, one-third to go to the priests and church, one-third to be for the benefit of the Indians, and one-third towards education and public beneficence, as soon as the legal debts of each mission are paid.

On the 28th of October, 1845, Governor Pico advertised for sale to the highest bidder the aforementioned missions of San Rafael, Dolores, La Solidad, San Miguel, and La Purissima, and directed that of the existing premises of San Luis Obispo, Carmelo, (Monterey,) San Juan Bautista, and San Juan Capistrano, edifices be selected for the curates' houses, court-houses, and school-houses, and the church and its appurtenances and the remainder of the edifices sold at public auction; and in the same manner the personal property, such as grain, goods, &c., of these missions.

The public sale of San Luis Obispo, La Purissima, San Juan Capis trano, to take place on the first four days of the following December, and of San Rafael, Dolores, San Juan Bautista, Carmelo, and San Miguel, on the 23d and 24th of the following January, notice being previously posted up in the towns of the department.

The missions of San Fernando, San Buenaventura, Santa Barbara, and Santa Ynez, to be rented to the highest bidder for the term of nine years. All the lands, out-door property, implements of agriculture, vineyards, orchards, workshops, and other property of these missions, to be included in said renting, except the principal edifice of the mission of Santa Barbara, the churches and their appurtenances, court-houses, curates' houses, and places for schools, and the small portions of lands occupied by cer tain Indians in each of the respective missions.

The proceeds of the rents of these missions to be divided into three parts, as already mentioned. The renting of the missions of San Diego, San Luis Rey, San Gabriel, San Antonio, Santa Clara, and San José, to take place in the same manner as those aforementioned, as soon as the difficulties respecting their debts are arranged. The government reserves to itself the right of taking care that these establishments prosper, in virtue of which it will prevent their destruction, ruin, or decline, should it be necessary during the period of their renting.

The renters of the missions are to pay punctually and quarterly the amount of their rents. They may pay to the respective padres, prefects, or their authorized agents, the third part of the rents destined for the ministers and religious worship, (of Santa Barbara one-half of the rent to be so paid.) These renters are to deliver back with improvement, at the expiration of the nine years, whatever they may receive on rent, except the stills, movables, and implements of agriculture, which must be returned in a serviceable state. They are to return the number of cattle which they receive, and of the same description, and of such an age as not to embarrass the procreation of the following year. They are to give bonds to the satisfaction of the government before they receive these estab lishments, conditioned on the fulfilment of the obligations of the renters, and the payment of such damages as the government may find against them.

A decree of the departmental assembly of April 3d, 1846, authorizes the departmental government to proceed with the missions of San Gabriel, San Luis Rey, San Diego, and others in similar circumstances, in the manner directed by the laws respecting bankruptcies, and that if it found

necessary, in order to prevent their total ruin, they may be sold at public auction, the customary notice being previously given. A portion of the lands and other property of these missions may be set apart for the maintenance of the padres and the expenses of the public worship-this property being delivered as a sale at a perpetual interest of 4 per cent., the proceeds being applied to these objects. This act is no way to interfere with what has already been done under the previous decrees of the assembly. Six months at furthest are allowed for its fulfilment.

The foregoing is a brief summary of the substance of all the decrees and laws in my possession relating to the missions of California. present engaged in examining and arranging the government archives; and if any further information on this subject be found, it will be immediately communicated to you.

It appears from the documents already referred to, that since the 17th of August, 1833, the missions of California have been regarded as public property and held at the disposal of the government; that the departmental assembly, basing their authority on the Mexican law of secularization, have authorized, upon certain specified conditions, the sale of some of the missions and the renting of others; that the departmental governors under this authority have advertised certain of their missions for sale and others for rent, with the conditions and reservations specified in the laws; that the lands set apart for the priests in each mission cannot exceed 200 varas square, and that granted to any individual cannot exceed 400 varas square; that the lands granted to Indians are merely for the use of themselves and their descendants, and that they can in no way dispose of them, but when abandoned, they revert to the government; that all sales of mission property by the Indians are null and void; that the civil agents and administrators of the missions could not dispose of mission property or contract debts in the name of the missions without previous authority of the government; that the leases of the missions are not made in conformity to law unless bonds have been previously given to the satisfaction of government, conditioned for the fulfilment of the obligations of the renters; that the renters of the missions are bound by certain regulations respecting the care and preservation of the mission property; that the rents are to be paid punctually and quarterly, and that only one-third of these rents (in Santa Barbara one-half) can be paid over to the priests, prefects, or their authorized agents, the other two-thirds to be paid into the public. treasury and expended for certain specified objects; that the government has reserved to itself the right to take such measures as may be necessary to prevent the "destruction, ruin, or decline" of the missions during the pe iod of their renting.

It is therefore evident that the missions and the mission property which have not been sold in accordance with the provisions of these laws and decrees are still the property of the government, and may be disposed of accordingly; and that if the renters of the missions are found injuring or destroying them, the government may take such measures as may be deemed necessary to prevent their destruction, ruin, or decline.

Very respectfully, your obedient servant,

H. W. HALLECK, Lieutenant of Engineers, and Secretary of State.

Colonel J., D. STEVENSON,.

Commanding, &c., Los Angeles, California.