The treaty is the law of the land, and admits the inhabitants of [California] to the enjoyment of the privileges, rights, and immunities of citizens of the United States. It is unnecessary to inquire whether this is not their condition, independent of stipulation. They do not, however, participate in political power; they do not share in the government till [California] shall become a State. In the mean time, [California] continues to be a Territory of the United States, governed by virtue of that clause of the constitution which empowers Congress to make all needful rules and regulations respecting the territory and other property belonging to the United States. When we take into consideration the great mass of floating population of the United States and of other countries-people of all nations, kindreds, and tongues-which has been suddenly thrown into this country, it must be acknowledged that everything has, thus far, remained remarkably quiet, and that the amount of crime has been much less than might, under the circumstances, have reasonably been expected. It is to be feared, however, that during the coming winter, when large numbers of the miners collect in the towns, public order may be occasionally disturbed. But it is believed that in the mean time a more complete organization of the existing government will be effected, so as to enable the authorities to enforce the laws with greater regularity and efficiency. Rumors have reached me that there is no very amicable feeling existing between the Americans and foreigners in the gold regions, and that the former are disposed to forcibly expel the latter from the placer districts. I shall soon visit the valleys of the Sacramento and San Joaquin, and hope to be able to report upon the true state of affairs there by the August steamer. As Congress has declined passing any laws restricting the working of the placers, I shall not deem myself authorized to interfere in this matter, any further than may be necessary to preserve the public tranquillity Indeed there is much reason to believe that Congress has pursued the best policy, under the circumstances, in leaving the placers open to all; for it would be exceedingly difficult to enforce any regulations not absolutely required by the necessity of the case, and it is more than probable that any attempt at this time to rent out the mineral lands, or to tax their products, would involve a great expense, and it is quite possible that such an attempt would lead to very serious difficulties. Of the large numbers who have been attracted to this country by the flattering prospect of sudden wealth, and with the intention of returning to their former homes to enjoy their gains, many foreigners as well as Americans are becoming established in business, and will make California their permanent place of residence. It is therefore well worthy of serious consideration whether the present system may not prove equally beneficial with that of a more exclusive policy. It certainly conduces much towards developing the resources of the country, extending its commerce, and rapidly aug menting its wealth and population. As soon as I have made a personal examination of the gold regions, I shall be prepared to express my views on this subject; but I cannot omit the present occasion to urge upon the government the importance of establishing a mint in California, with the least possible delay. Information, not official, has been received, that the revenue laws of the United States have been extended over this country, and that a collector and deputies may soon be expected to take charge of the collection of revenue in this district. On their arrival, all custom-houses and customhouse property will be turned over to them, and the temporary collectors employed by my predecessor and by myself will be discharged. The moneys collected during and since the war, under the direction of the governor of California, and not required for defraying the expenses of the civil government, will be kept as a separate and distinct fund, subject to the disposition of Congress. The grounds upon which this revenue has been collected since the declaration of peace, are fully stated in a letter to the collector of San Francisco, dated the 24th of February last. It may be proper to add, that the course pursued by my predecessor was rendered absolutely necessary by the peculiar circumstances of the case. The wants of the country rendered it imperative upon him to permit the landing of foreign goods in this Territory; and had this been done without the collection of duties, large amounts of dutiable goods would have been placed in depôt on this coast, to the manifest injury of the revenue and prejudice to our own merchants. The importers have sold their goods at such prices as to cover the duties paid, and still leave them enormous profits; and to now return these duties to the importers would be a virtual gift, without in any way benefiting the people of California. But, to expend this money in objects of public utility in the country, would confer a lasting benefit upon all. I would therefore recommend that such portions of these moneys as may be left, after defraying the expenses of the existing civil governinent, be given to California as a "school fund," to be exclusively devoted to purposes of education. No difficulty has been experienced in enforcing the tariff of 1846, and the revenue has been collected at a very moderate expense, considering the peculiar circumstances of the times. All officers of the civil government of California will be paid, out of the "civil fund" arising from the customs, the salaries fixed by law, and I would recommend that those officers of the army and navy who have been employed as collectors and receivers of customs in California, both during and since the war, be allowed a fair per centage on the money which they have collected and disbursed. Two and a half per cent. on the amount collected, with the restriction contained in section 2 of the act of March 3, 1849, is deemed a fair allowance for collecting these customs, and two and a half per cent. on the amount actually expended is deemed ample compensation for keeping and accounting for the same. It would be more just and proper to make the allowance for the actual expenditures than for receiving and keeping these moneys; because, if the reversed rule were established, officers who have received large sums, and within a few days transferred them to others, with no other trouble than merely passing receipts, would be entitled to a higher pay than those who have had all the trouble of expending this money in small sums, and in keeping and rendering accounts of these expenditures. As soon as these "civil funds" can be collected from the officers now holding them, it is proposed to place them in the hands of some officer, or other responsible person, who will act as treasurer for the civil government, with a fixed compensation for his services. On the arrival of the regular collector and deputies, appointed according to law, a full statement will be made of all the moneys which have been collected in California, and the papers and accounts connected with the expenditure of this civil fund will be sent to Washington, as heretofore, in order that all officers who shall receive or expend the same may be held to a strict accountability. I am, sir, very respectfully, your obedient servant, B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. Major General R. JONES, Adjutant General of the Army, Washington, D. C. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: Representations have been made to the governor that various individuals have interfered with Father Gomez in the possession of certain buildings and other property granted by Governor Micheltorena, July 15, 1844, to the parish priest of San Luis Obispo. He therefore directs that you will use your official authority to protect the said priest in the possession of the lands, buildings, and other property so granted, till the proper tribunals shall be organized to decide upon the validity of land titles; it being understood that this order shall in no way affect the titles of any claimants. It is also represented that a dispute has arisen between Father Gomez, Vicente Felis, and Mariano Buillo, respecting the ownership of a certain mill and mill-stones. The governor requests that, as the magistrate of this district, you will endeavor to settle this matter upon principles of justice and equity. By order of the governor: Don Miguel Abila, H. W. HALLECK, Alcalde of the jurisdiction of San Luis Obispo, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your communication, of the 18th instant, informing him that you had resigned the office of alcalde of this jurisdiction, and that Don Ignacio Esquer had been elected in your place; Señor Esquer will, therefore, be recognised as the alcalde of the jurisdiction of Monterey. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Señor Don FLORENCIA LENANO, Late Alcalde of the jurisdiction of Monterey, California. State Department of the TERRITORY OF CALIFORNIA, Monterey, April 20, 1849. SIR: I am directed by General Riley to acknowledge the receipt of your letter of yesterday, and to inform you that you are recognised as the alcalde of the jurisdiction of Monterey, Very respectfully, your obedient servant, Don IGNACIO ESQUER, H. W. HALLECK, Brevet Captain, and Secretary of State. Alcalde of the jurisdiction of Monterey. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, April 21, 1849. SIR: I am directed by General Riley to call your attention to the fact that no monthly statements have ever been rendered by you, nor have your custom-house papers and accounts for the 4th quarter of 1848 and 1st quarter of 1849 yet been received at this office. The governor directs that you submit your accounts to the quartermaster immediately after the close of each quarter; and if not examined by him within a reasonable time, you will withdraw them and send them to this office, reporting the fact that the quartermaster had failed to examine them as has already been directed. By order of Governor Riley: H. W. HALLECK, Brevet Captain, and Secretary of State. Collector, San Francisco, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, April 24, 1849. SIR: Your letter of the 23d has been received and laid before the governor, who is of opinion that a sutler's appointment gives him no exemption except so far as his sales to officers and soldiers are concerned. In so far as he engages in trade with others, he will be subject to the same municipal duties as other traders. His position as sutler is not intended to give, in matters of business, any monopoly or exemption from taxes and municipal duties not enjoyed by other citizens. Very respectfully, your obedient servant, Don IGNACIO ESQUER, Alcalde of Monterey. H. W. HALLECK, Brevet Captain, and Secretary of State. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, April 28, 1849. SIR: I am directed to call your attention to the fact that your monthly returns (or summary statements) of civil funds are greatly in arrears, and to say to you that hereafter these returns will be rendered promptly at the end of every month. This communication will be turned over to the officer who relieves you. By order of Governor Riley: Captain J. S. FOLSOM, H. W, HALLECK, Brevet Captain, and Secretary of State. U. S. Army, Monterey, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, April 30, 1849. SIR: I am directed by the governor to inform you that he has approved of the election held March 4th, for the district of Santa Barbara, at which you were elected alcalde, and certain others as regidors and sindicos. I have also to inform you that the governor will order to be paid over to the town of Santa Barbara the sum of five hundred dollars and fifty cents, to be expended in the purchase or erection of a suitable building for a jail. This money accrued from a military contribution levied on the town of Santa Barbara during the war, and it will be paid over to the sindico as soon as proper evidence is given that a suitable jail has been purchased or erected. A letter was received at this office some time since from Nariso Fabrigut, claiming remuneration for a house occupied as alcalde's office. The alcalde is the proper person to settle such questions. Very respectfully your obedient servant, Don RAYMUNDO CARRILLO,. H. W. HALLECK, Brevet Captain, and Secretary of State. Alcalde of Santa Barbara, California. Know all men by these presents, that I, Bennet Riley, brevet briga dier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint Jabez Halleck collector and harbor-master for the port of Monterey, with a salary of one hundred and fifty dollars per month. Done at Monterey, California, this first day of May, in the year of our Lord eighteen hundred and forty-nine. Official: B. RILEY, Brevet Brigadier General, and Governor of California. 'H. W. HALLECK, Brevet Captain, and Secretary of State. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 3, 1849. SIR: I am directed by Governor Riley to acknowledge the receipt of your letter of the 14th, tendering your resignation as first alcalde of the district of Sonoma. |