網頁圖片
PDF
ePub 版

he shall keep a plan of the town,

upon which shall be designated the land belonging to each individual. If the alcalde of San Diego 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. Señors JUAN MA. MARRON, MIGUEL DE PEDRORENA, Jose Ma. BAUDINE, Jose MA. ESTUDILLO, SAN JAGO E. ARGUITTO,

San Diego, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 15, 1849. Sir: I am directed to acknowledge the receipt of your letter of the 4th instant, and to inform you that you have permission to turn over from the civil funds to the quartermaster's department the sum of one hundred thousand dollars, taking the proper receipts for the same. This transfer is to be regarded as a loan, and is to be restored to the civil fund as soon as the quartermaster's department may have the means available for doing so. By order of Govenor Riley :

H. W. HALLECK,

Brevet Captain, and Secretary of State. Brevet Major FITZGERALD,

Assistant Quartermaster, San Francisco, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 15, 1849. Str: Your letter of April 28th has been received and laid before the governor, who directs me to reply as follows :

The laws of California which existed previous to the treaty of peace with Mexico (and do not conflict with the constitution of the United States) are still in force, and will continue in force till changed by proper authority; and all civil officers will be supported in the exercise of the powers conferred upon them by these laws. It is expected that the next steamer will bring information of the organization of a government for this Territory, and the passage of new laws, which will be sent to you the moment they are received. Justices of the peace in the United States do

not receive salaries, but are paid from the fees of their office. In all the northern districts of California the fees of office have been found sufficient for the remuneration of the alcaldes, whose official duties do not usually very materially interfere with their private business. In my letter of April 30, I informed you that the governor has assigned the sum of $500 50 for the purchase or construction of a jail in Santa Barbara. This money will be paid to the sindico, as stated in that letter.

The municipal funds required by each town must be raised by the ayun. tamiento by direct taxation from licenses for stores, grog-shops, &c.; such is the course pursued by all the northern towns of California. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State. Don RAYMUNDO CARRILLO,

1st Alcalde, district of Santa Barbara, California.

State DepaRTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 15, 1849. REVEREND SIR : Your letter of the 10th instant has been received, and its contents communicated to the governor.

The first alcalde of San Luis Obispo is deemed the proper judge to de cide what houses and lands were granted to the parish priest by Governor Micheltorena, July 15, 1844, and to which you are now entitled to possession by the governor's order of April 17. The power of the alcalde is limited to the act of possession, the question of ownership being reserved for the decision of a higher tribunal, which it is hoped may be organized in the course of a few months. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State. Reverend Father Friar Jose MIGUEL GOMES,

Parish Priest, San Luis Obispo, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 15, 1849. Sir: Your letters of April 20 and May 10 have been received, and laid before the governor.

The alcalde is deemed the proper judge to decide to what lands and buildings the parish priest is entitled to possession under titles given by Governor Micheltorena, July 15, 1844." It must be observed that the power of the alcalde is limited tó the act of possession, the question of ownership being reserved for the decision of a higher tribunal, which it is hoped may be organized in the course of a few months.

It was represented to the governor in March last that there was great need of a local alcalde, who should reside in the town of San Luis Obispo, and you were accordingly requested to hold an election for filling such office. It was not the intention of the governor to limit the choice of the -people in any respect, and if they prefer giving their votes for any citizen residing without the town, they should have full liberty to do so.

The governor authorizes you to send to Monterey the prisoner Ildefonso, sentenced to five years' labor in this presidio, if you can find a safe opportunity for doing so. Perhaps arrangements may be made with the mail rider to conduct the prisoner to this place the next time he brings the mail from the south. The difficulties that have recently occurred in the placer district, between the whites and Indians, have rendered it necessary to concentrate all the available military forces in that region, and the governor regrets that under existing circumstances he will be unable to comply with your request to station troops at San Luis Obispo. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State. Don MIGUEL ABILA, 1st Alcalde of the

Jurisdiction of San Luis Obispo, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Munterey, May 17, 1849. Sir: Your letter of April 16, erroneously directed to General Smith, has been referred to Brigadier General Riley, commanding tenth military department, and governor of California.

The enclosed extract from orders No. 16 will afford an answer to your inquiries respecting the interference of military officers with the civil authorities of the country; and my letter of the 11th instant to Major Gra. ham (a copy of which has been sent to you) will give you the governor's views respecting the case of Warner.

As the people have neglected to elect a first alcalde for your district, there can be no doubt that you legally hold over till such election is made. If you should now wish to resign, the proper course to be pursued is for you to give due notice and hold an election to fill the vacancy so created. If there is no ayuntamiento in the town of Los Angeles, the governor requests that you give notice and hold an election for the several municipal officers recognised by the laws of California. The governor's views respecting the sale of municipal lands are fully expressed in a letter from this office, dated May 15, to certain gentlemen of San Diego, a copy of which is enclosed.

It is deemed highly probable, from information just received, that the bill before Congress at the last session for organizing a territorial government has become a law. If, on the arrival of the next steamer, this should not prove to be the case, the governor has it in contemplation to call a general election, and to complete, so far as possible, the organization of the government as recognised by the existing laws of California. These laws, so far as they do not conflict with the constitution and such laws of the United States as have been extended over this Territory, are still in force, and must continue in force until changed by the proper authority,

It is greatly to be regretted that any differences or bad feelings should have arisen between the civil and military authorities in your district, especially at a time when the condition of the country rendered it the imperious duty of all good men to do everything in their power to preserve the public tranquillity. By order of Governor Riley:

H. W. HALLECK,

Brevet Captain, and Secret ry of Slale. S. C. FOSTER, 1st Alcalde, District of Los Angeles, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 17, 1849. SIR: I have to acknowledge the receipt of your letter of the 15th, enclosing a copy of the proceedings of the court in the case of Antonio Valencia. These papers will be placed on file in this office.

It is believed that under the existing laws in California, the first alcalde of each district has jurisdiction in criminal cases. But whatever may be the ultimate decision of this question, there can be no doubt that, under existing circumstances, cases will sometimes arise where the exercise of such power is absolutely necessary for the security of life and property Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secrelary of Sate. K. H. DIMMICK,

1st Alcalde, District of San José, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 17, 1849. SIR: I have to acknowledge the receipt of your letter of the 12th inst., enclosing monthly summary statements of civil funds in your possession for the months of January, February, March, and April, 1849. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of Stale. Captain J. L. Folsom,

U. S. Army, San Francisco, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 17, 1849. Sir: Your custom-house accounts for the 4th quarter of 1848, and monthly summary statements to 31st March, 1849, were received on the 2d May, after the departure of the steamer. Your accounts have been examined and found correct, and will be sent to Washington by next mail. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secreary of State. E. H. HARRISON, Esq.,

Collector, San Francisco, California.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, May 19, 1849. Sir: For a reply to your letters of the 15th instant, which are just received, I would refer you to mine of the same date.

[graphic]
« 上一頁繼續 »