STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, December 2, 1848. SIR: I am directed by the governor to acknowledge the receipt of your letter of 2, and the enclosed paper. This answer has been delayed on account of the absence of the governor in the northern part of this Territory. The governor is fully aware of the long and valuable services which you have rendered to the United States, and of your devotion to our cause, and he hopes the time is not far distant when you will be rewarded for your services; but he regrets to say that, under present circumstances, while waiting for instructions from Washington, he has no office at his disposal. The appointment of collector of customs at San Diego was made before the receipt of your letter. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Don SANTIAGO ARGUILLO, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, December 7, 1848. SIR: I have the honor to acknowledge the receipt of your communica tion of October 25, and the documents which accompanied it, concerning the loss of your schooner "Julia" and other property, which I will forward to the United States government, with the following endorsement: "Respectfully referred to the United States government, and their most favorable consideration requested." Very respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, commanding. Don FRANCISCO LOPE DE URIZA, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, December 9, 1848. SIR: I have this moment received your note of this date, as also the notes of to-day from Captain Burton and Lieutenant Ord, addressed to you, on the subject of the sentence passed by your court on Guild. I see no grounds on which I can interpose to save him from the sentence awarded: not one single mitigating or extenuating circumstance attending the theft with which he was charged is offered. Within a short time past, houses have been forcibly entered in this town, property taken by force in broad daylight from the owners, and the public stores pillaged; and, now that an example is about to be made of one of the many depredators, I should feel that I was encouraging such open robberies were I to interfere and shield this convicted man from the punishment awarded him. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. FLORENCIO SERRANO, First Alcalde, Monterey. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, December 17, 1848. SIR: Your note of this day, asking to be absent for six months from your duties of sub-Indian agent, is received. The leave asked for is granted, with the understanding that Mr. William Williams will take charge of the mission of San Luis Rey, so that it will sustain no damage, and act as sub-agent for you during your absence. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Captain J. D. HUNTER, STATE DEPARTMENT of the TERRITORY OF CALIFORNIA, Monterey, December 18, 1848. SIR: The governor has received and duly examined a communication of J E. Brackett, esq., attorney of defendants in the case of Elias Barnett vs. E. F. Bale and K. L. Kilburn, tried in the alcalde's court, district of Sonoma, on the 3d of April last, asking for a new trial or stay of the proceedings, and also the accompanying papers, intended to sustain the appeal. It appears, from the record of the court, that the case was submitted to the jury by consent of the parties, and that the verdict was returned for the plaintiff. A new trial is now asked by the defendants1st, on the ground that "the alcalde had no jurisdiction, because the case concerned the title to land." It appears, from the record of the court, that this is not a case in any way affecting the validity of land titles, but merely the execution of a contract to give a title for certain lands; and that the verdict of the jury and action of the court had reference only to the validity and execution of the contract. 2d, "that the verdict was contrary to law;" and, 3d, "that it was contrary to evidence." The jury in this case (under the instructions of the court) were the proper judges of the law and evidence bearing upon the points at issue; and, in the absence of sufficient proof that the trial was an unfair one, or that there was any illegality in the proceedings, the governor declines interfering with the decision of the jury or the action of the court. By direction of the governor: A. HEPPENER, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Second Alcalde, District of Sonoma. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, December 18, 1848. SIR: 1 have to acknowledge the receipt of your letter of August 2, and accompanying papers, relating to your claim for damages, house rent, &c., in San José, Lower California, occupied for a time by the United States forces. These papers were referred to Captain Burton, late lieu tenant colonel, and commanding in that country, for his report on the case; and as I do not consider myself authorized to decide upon your claim, I have delivered this day to Mr. T. H. Green, your agent, at his request, both the papers and the report of Colonel Burton. Very respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons. J. T. MOTT, Mazatlan, Mexico. STATE DEPARTMENT of the TERRITORY OF CALIFORNIA, Monterey, December 19, 1848. SIR: I am directed by the governor to acknowledge the receipt of your letter of the 30th ultimo, giving information of reported Indian depredations near Clear Lake, some 60 miles from Sonoma, and asking what measures it is your duty as sub-Indian agent to take in such cases. As there are frequent rumors of this kind, which, upon investigation, turn out to be untrue, or at least generally exaggerated, it is made one of the principal duties of the Indian agency to ascertain the real facts in such cases, and to communicate them to the superior authorities for their information and guidance. The present reduced state of the garrisons in the northern part of this Territory renders it impossible for the governor to send out detachments of troops into the Indian country; and if the Indians commit depredations upon the frontier ranchos, the people should arm themselves and punish the depredators. In such cases the sub-Indian agent should see that no unjust punishments are inflicted, and that pretended robberies be not made a pretext for maltreating and murdering the natives. The governor hopes that ere long the military force in this country will be increased sufficiently, to enable him to afford greater security to the rancheros on the extreme frontiers. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. Gen. M. G. VALLEJO, Sub-Indian Agent. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, December 28, 1848. SIR: I enclose herewith a copy of a letter from the governor of Oregon, acknowledging the receipt of the ordnance stores sent from this place, and giving information of the state of Indian affairs; also, copies of petitions of the owners of the barque "Joven Guipuzcouna" and the brigantine "El Placer" for registry and sea letters. In the absence of the commander-in-chief of the Pacific squadron, I have issued sea-letters to the aforementioned vessels, to continue in force one year from their date, or until due notice is given to the captains or owners of the decision of the competent authorities at Washington in these cases. If Congress has not already acted on this subject, it is highly important that a law be immediately passed to authorize the registry and license of vessels similarly situated. In my letter of the 19th of August last, I informed the department that it would be necessary, in the reduced state of the military forces in California, to employ civilians to take charge of the custom-houses; it, however, has been found so difficult to procure suitable persons to perform these duties for anything like reasonable salaries, that I have been obliged in some instances to continue the collection of the revenue by military officers, and I doubt whether for some time to come suitable collectors of customs can be procured on this coast for anything like the salaries and fees now authorized by law. I have the honor to be your obedient servant, Brigadier General R. JONES, R. B. MASON, . Colonel 1st Dragoons. Adjutant General of the Army, Washington, D. C. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, December 20, 1848. SIR: Mr. Alexander, the collector at San Pedro, has given notice that the impossibility of procuring the necessaries of life in San Pedro will render it necessary for him to remove to Los Angeles, and that he therefore wishes to be relieved from the duties connected with the customhouse. It is hoped that an arrangement may be made with Mr. Alexander, by permitting him to reside in Los Angeles during the winter, and to visit San Pedro whenever a vessel arrives in port, to secure the continuance of his services he having always performed his duties to the entire satisfaction of the government. But if no such arrangement can be made, the commanding officer at Los Angeles will appoint some suitable person to take his place; and in case no such person can be found, the governor directs that some officer will be temporarily detailed to collect the revenue on vessels arriving at that port. If Mr. Alexander has not occupied a public building as his office, he will be entitled to reasonable office rent, which will be paid to him by the quartermaster of the port out of the civil funds. Very respectfully, your obedient servant, H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. COMMANDING OFFICER, Los Angeles. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, December 23, 1848. SIR: I have the honor to acknowledge the receipt of your note of this date, and will, as you request, give to the authorities at Yerba Buena (San Francisco) the information of Mr. Jourdain's having been appointed by you consular agent of the French republic at that place. I have the honor to be, sir, with high respect, &c., R. B. MASON, J. S. MOERENHOUT, Colonel 1st Dragoons, commanding. Consul of the French Republic, Monterey. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, December 28, 1848. SIR: I have to acknowledge the receipt of your letter of the 18th instant, asking for information as to your responsibility in examining the accounts of the collector of San Francisco. Previous to the enforcement of the "military contribution tariff," and when civilians performed the duties of collectors in California, it was deemed necessary that some military officer, at each post, should have a general supervision of accounts of the collector, in order to check any extravagant expenditures or improper use of the public money; and on returning to this system of collecting the revenue, at the close of the war, the governor deemed it necessary to establish the same check as before, and your relations towards the new collector became the same as they had been towards Mr. Richardson. The great length of time required in communicating with Washington renders it absolutely necessary that some one here should supervise the accounts of the collector, and immediately report anything that he may think improper or incorrect. The extent of this examination must depend on the circumstances of the case, and should, in all cases, be sufficient to satisfy the officer of the correctness of the collector's accounts, for otherwise he cannot endorse them with his approval. From your position in San Francisco, it is presumed that you will be able to judge whether the expenditures of the collector for clerk hire, &c., are just and necessary; if so, you will approve the accounts, and if not, you will forward them, with your reasons for not approving them. The nature and extent of your duties were pointed out in my letters of August 21 and September 3. In the latter it is stated that you will allow all necessary and proper expenses connected with the collector's office, and that, in requiring your endorsement and approval of the expenditures of the collector, it was intended merely to keep those expenditures within proper limits. Very respectfully, your obedient servant, Captain J. L. FOLSOM, H. W. HALLECK, Lieut. of Engineers, and Secretary of State. United States Army, San Francisco. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, December 28, 1848. SIR: Colonel Mason directs me to acknowledge the receipt of your letter of December, and to say that, if it should be determined to appoint a collector for Santa Barbara, your name will be considered in connexion with the office. |