San Francisco. The above suspension will take effect on the receipt by the alcalde of a copy of this decree. Given at Monterey, California, this 6th day of May, in the year of our Lord eighteen hundred and forty-nine. Official: B. RILEY, Brevet Brig. Gen. commanding 10th Military Department, and Governor of California. Brevet Captain, and Secretary of State. PROCLAMATION. The undersigned has been directed by the Secretary of War, while exercising the functions of governor of California, to assist the civil authority of the country, with the military forces under his command, in exécuting the laws and maintaining public tranquillity. It is desirable that a portion of these forces should be employed in maintaining order in the gold districts, and also in restraining the Indian horse-thieves, who, in the absence of the rancheros from the southern districts, are driving the horses to the mountains and committing numerous robberies and murders; but in order to accomplish these objects, it is absolutely necessary that the civil authorities and all good citizens lend their aid and assistance to the naval and military commanders, by arresting deserters and restoring them to their ships and garrisons. Tempted by the flattering prospect of sudden wealth in the gold regions, and forgetful of their oaths and obligations to government, sailors and soldiers desert their colors, and leave their ships and military stores without the means of security and defence. The crews of merchant vessels, also yielding to the same seductive hopes, leave their vessels helpless and exposed to destruction by the elements. Very few of these merchant vessels which enter our ports are able to proceed on their voyages, and the owners are obliged to cover by the price of their cargoes the detention and loss of the vessels which bring them, thus severely taxing the productive industry of the country to pay for the neglect of the civil authorities to compel men to fulfil the obligations which they have voluntarily contracted. The civil authorities, however, can do little towards enforcing the laws without the countenance and assistance of the people themselves. The evils resulting from this state of things are daily increasing, and if allowed to continue, the discovery of the gold placers, instead of benefiting California, will prove her greatest curse. It is hoped, therefore, that all good citizens will give to the civil and military authorities their cordial aid and co-operation in the execution of their duties and the maintenance of public order. Given at Monterey, this 6th day of May, in the year of our Lord eighteen hundred and forty-nine. Brev. Brig. Gen. U. S. Army, Official: B. RILEY, commanding 10th M. Dept., and Governor of California. H. W. HALLECK, Brevet Captain, and Secretary of State. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, SIR: I have to acknowledge the receipt of your letter of the 8th instant. You say that one of your predecessors, Mr. Colton, sold town lands to various individuals, but left no record in your office of the governor's orders with respect to such sales, nor any plans to indicate what lands have been sold and what are still saleable, and that, under these circumstances, you wish the advice of the governor before proceeding to make any further sales. Your letter has been laid before Governor Riley, who directs me to reply as follows: 1. Neither Governor Kearny nor Governor Mason gave to alcalde Colton any power to sell lands. Governor Mason directly questioned the power of the alcalde to make such sales, and demanded of him his authority for so doing; to which the said alcalde repied, in effect, that the limits of the town were understood to be half a league from the church, but that he had no record of these limits, or of their extension; that it was the custom at least, if not the law, for the alcalde, with the advice of the ayuntamiento, to sell the lands within the town limits. 2. The most recent law that can be found in the government archives, and which is believed to be still in force, gives to the ayuntamiento power to sell out as solares the municipal lands (proprios) which have been regularly granted to the town. But the common lands (egidos) cannot be sold without special authority, nor can any town sell land without the limits of the grant made for the town, for all such lands belong to the government, and cannot be sold without the authority of Congress. The alcalde, being the executive officer of the town, may, it is believed, with the consent of the ayuntamiento, make sales and sign deeds in the name of the town; but it is thought he cannot sell without such consent. If there are no regidors and sindicos in the town of Monterey, the governor requests that you give due notice, and hold an election for filling the vacancies; and that when the ayuntamiento is formed, you will take their advice in this matter of land sales. But you are hereby forbidden to make any sales of land beyond the recognised limits of the town, or which has been occupied or designated for military purposes, the laws especially reserving all such for the use of the general government. 3. The law requires that the alcalde shall register in his office all sales of town lands, and that he shall keep a plan of the town, upon which shall be designated the land belonging to each individual. If the alcalde of Monterey has no such plan, the governor would strongly advise that no further sales be made until the town is properly surveyed and a plan formed; for otherwise innumerable difficulties will necessarily occur in the adjustment of titles, and the town authorities be liable to prosecution for damages for selling the same land to two or more individuals. However important it may be to raise funds for the expenses of the town, it is still more important that the proceedings of the municipality be conducted according to law, and in such a manner as not to infringe upon the rights of government or the claims of individual citizens. This letter will be laid before the ayuntamiento, and filed in the office of the alcalde. By order of Governor Riley: H. W. HALLECK, Brevet Captain, and Secretary of State. Señor Don IGNACIO ESQUER, Alcalde at Monterey. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 10, 1849. SIR: If you have on hand or can procure them in San Francisco, I wish you would send to this office about three months' supply of blank entries, clearances, &c., for the use of the custom-houses at this place, San Pedro, and San Diego; the same to be paid for out of the proceeds of customs in your hands. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. E. H. HARRISON, Esq., STATE DEPARTMENT of the TERRITORY OF CALIFORNIA, Monterey, May 11, 1849. SIR: Your letter of April 17th, with the accompanying documents and papers, was received yesterday, and immediately laid before the governor, who, after taking legal advice, directs me to reply as follows: 1. It appears from the above mentioned letter and documents that J. J. Warner was arraigned before alcalde S. C. Foster, of the district of Los Angeles, on the charge of theft, and on the 21st of February was admitted to bail to appear before said court on the 20th of the following April; that at the time specified in the bond, viz: the 20th of April, the case was called up, but the prisoner failed to appear; that it was then adjourned to the following day, at which time, the prisoner being still absent, the court proceeded to take testimony; the prisoner's bondsman, Mr. Abel Sternes, appearing as counsel for the accused, and cross-questioning the witnesses; that on the 29th of April the prisoner presented himself, but the alcalde refused to confine him, on the ground that the offence was committed out of his district; whereupon the commanding officer at Los Angeles took the accused into custody; that the alcalde did not collect the amount of the bond for fear of pecuniary responsibility; whereupon the whole subject was referred to the gov ernor, for his action in the premises. 2. The treaty of peace, by which Upper California has become a part of the Union, left this Territory with an existing government and existing laws. This de facto government must continue with its full powers until legally changed; and the existing laws must also continue in force until changed or modified by competent authority. 3. In the absence of positive law, we must be governed by custom and general usage in this country, and in the absence of both law and precedent, the laws and usages of other States and Territories, in like cases, should be referred to, to guide our decisions. 4. The first alcalde of each district has been recognised by former governors of California as being, in the absence of a higher judicial authority, ex officio juez de primera justancia, and as having jurisdiction in criminal cases. All other alcaldes of the same district had concurrent jurisdiction among themselves, but are subordinate to the first alcalde. 5. Starting from these premises, it is concluded that criminal proceedings may be instituted in any district of California, no matter whether the offence was committed in that district or not. And when the proceedings are so commenced, either the prosecutor or the accused may ask for a change of venue to any other district, and the governor may, for sufficient reasons, order such change; but if no such change is asked for or ordered, the trial must proceed, and a verdict be given. 6. It does not appear from the records of the court in the case that any change of venue was asked for, or that any question was raised by the prisoner or his counsel as to the jurisdiction of the alcalde. But even supposing that the change of venue had been asked for, and the alcalde's jurisdiction questioned, the fact could in no way avoid the security given for the prisoner's appearance at the time specified. Where a prisoner fails to appear as specified in the bond, and where the bondsman does not at the time satisfy the court that the absence of the accused is due to unavoidable causes, it is the duty of the court to enter judgment on the bond, and to collect the amount forfeited. This, however, does not exempt the prisoner, if afterwards taken into custody, from trial and punishment. 7. The governor, on a review of the facts of the case, as presented in the record of the court and accompanying papers, directs that the alcalde proceed with the trial of the prisoner, J. J. Warner, and that if good and sufficient reasons are not given to show that said bond should not be forfeited, he also proceed to enter judgment on the same, and to collect the amount due. The money so collected will be held by the alcalde as a district fund, to be expended by him in the purchase, erection, or repair of a jail in the town of Los Angeles. 8. The practice of trial by jury, in criminal cases, was introduced into California previous to the treaty of peace, and it is believed that such practice is now in accordance with usage and not contrary to law, and, when desired, should be permitted. 9. The governor regrets that so much time has been occupied in disposing of this case, for it is due both to the people and the accused that the question of the prisoner's guilt should be decided without unnecessary delay. The frequent occurrence of thefts of this kind renders it important that the guilty should be immediately brought to trial and summarily punished. Very respectfully, your obedient servant, Major J. C. GRAHAM, H. W. HALLECK, Brevet Captain, and Scretary of State. U. S. A., commanding at Los Angeles, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 11, 1849. SIR: Your letter of March 25th was received yesterday, and also duplicate receipts for $900, turned over by you to the quartermaster's department April 20, 1848; for $300, turned over to commissary's department same date; and for $1,361 55, turned over to quartermaster's department September 8, 1848. One copy of these receipts will be forwarded to Washington, and the other retained in this office. Should the receipt for $282 34, paid by you in the case of Foxon, be found among the cus tom-house papers deposited by Captain Lippett at Santa Barbara, it will also be sent to Washington. Unless that receipt can be procured, I fear the accounting officer will charge the amount to you. Very respectfully, your obedient servant, Lieut. H. S. CARNES, H. W. HALLECK, Brevet Captain, and Secretary of State. Late Collector, Santa Barbara, California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, May 15, 1849. GENTLEMEN: The governor has received your communication of the 1st instant, in behalf of the town of San Diego, and directs me to reply as follows: However extensive the powers of the governor of California for making grants of land previous to the cession of this country to the United States, there can be no doubt that such power is now very limited, if not entirely abrogated. By the treaty of peace Upper California became a part of the Union, and all lands which had not previously been granted for towns, colonies, or to individuals, became a part of the public domain, and can be disposed of only by authority of Congress; but what had been previously granted in accordance with law, remains, as before, the property of the persons or corporations to which it was given. Whatever lands, therefore, were legally given to the town of San Diego previous to the treaty of peace, still continue the property of that town, and may be disposed of in accordance with the existing laws of the country. It must be remembered, however, that the general government of Mexico reserved to itself whatever lands might be required for fortifications, arsenals, and other public structures; this reserved right now belongs to the government of the United States, and it is believed that no territorial or municipal authority can interfere with or limit this right. A board of engineer and naval officers has already been appointed by the President to desig nate such lands as may be required for military purposes in California; and it is believed that this board will very soon visit the port of San Diego to mark out the reservations required by government at that place. The most recent law that can be found in the government archives, respecting town lands, gives to the ayuntamiento power to sell out in solares the municipal lands (proprios) which have been regularly granted to the town; but the common lands (egidos) cannot be sold without special authority. The alcalde being the executive officer of the town, may, it is believed, with the consent of the ayuntamiento, make sales and sign deeds in the name of the town; but without such consent, it is thought he can make no sales of the kind. If there is now no town council at San Diego, the governor requests that the alcalde give due notice and hold an election for a sindico and the usual number of regidors; and that, when the ayuntamiento is formed, this matter be submitted to that body for its action. Great caution should be taken not to dispose of lands beyond the recognised limits of the town, for all sales beyond such limits will be null and void. The law requires that the alcalde will register in his office all sales of town lands, and that |