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should induce the parties to come to an amicable arrangement, so as to avoid all litigation. "In your .correspondence you seem to be under the impression that the governor had ordered you to put the priest in possession of the mission buildings. Such was not the case. You were merely requested to pro- tect him in his lawful possessions until the titles of the other claimants can be properly investigated.....
Your attention is again called to the necessity of holding an election for another alcalde in your district; and if the notice for such an election has not already been given, the governor requests that you will give it imme. diately. There will be associated with you, as judges and inspectors of such election, the following persons, viz: William Dana, John M. Price, Julian Estrada, and John Wilson. By order of Governor Riley:
H. W. HALLECK, wee Brevet Captain, and Secretury of State. Don Miguel ABILA, 3. - 1st Alcalde of San Luis Obispo, California. ; ..;.'
STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,
Monterey, May 23, 1849. Sir: The governor directs that you will stay. the execution of the sentence and fine imposed by you on Don Mariano Bonillo until the affair can be properly investigated. This order is not to be considered as deciding, in any respect, upon the merits of the case, or the correctness of your judgment. . By order of Governor Riley:
· H. W. HALLECK,
; Brevet Captain, and Secretary of State. • Don MIGUEL ABILA,
1st Alcaldé of San Luis Obispo, Californiu.
STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, .
Monterey, May 26, 1849. • Sir: I am directed by Governor Riley to acknowledge the receipt of your letter of the 16th instant, and to say that he has approved of the election held by the people of Santa Cruz, at which you were chosen alcalde
for that town and district. .. With respect to the duties and powers of the town council," they will,
until further orders, confine themselves to attending to the internal police of the town and district.
Very respectfully, your obedient servant, (in the absence of the Secretary of State,)
W. E. P. HARTNELL,
- Government Translator. Mr. J. L. MAJORS,
Alealde, Santa Cruz, California ..'
Knew all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, in virtue of power in me vested, do hereby appoint Stephen C. Massett notary 'public and commissioner of deeds in and for the city of “ New York of the Pacific," district of San Joaquin, California. Giyen at Monterey, California, this 23d day of May, A. D. 1849.
. B. RILEY; .* Brevet Brigadier General U. S. A,, Governor of California.
*Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, in virtue of authority in me vested, do hereby restore T. M. Leavenworth, esq., to the full exercise of his duties and functions, as first alcalde of the district of San Francisco.
Done at Monterey, California, this Ist day of June, in the year of our Lord 1849.
B. RILEY, : Brevet Brigadier General; and Governor of California. * Official:
H. W. HALLECK, . . . Brevet Captain, and Secretary of State.
• MONTEREY, CALIFORNIA, June 1, 1849.' Sir: I have to acknowledge the receipt of yours of the 29th ultimo, and, in accordance with your request, enclose herewith your account current and abstract C for the fourth quarter of 1848. General Riley will act upon the matter of your salary the moment the law is officially received; in the mean time, he leaves it optional with you to receive the amount of salary authorized by Colonel Mason, or to wait till the new law is officially received. Very respectfully, your obedient servant,
H. W. HALLECK, "
Brevet Captain, and Secretary of State. E. H. HARRISON,
Collector, San Francisco, California. . .
HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, June 2, 1849. COMMODORE: I have received information from a reliable source that several Peruvian or Chilian vessels have recently landed passengers and freight in the bays of San Simeon and San Luis Obispo, (between this port and Santa Barbara,) in violation of the revenue laws of the United States, I have therefore to request that the naval forces under your command may take measures to seize said vessels and goods, and to prevent repetition of the offence. Captain Wilson, of San Luis Obispo, now in San Francisco, will give you more particular information with respect to this matter. I am, sir, very respectfully, your obedient servant, .
. ..^ Bt. Brig. Gen. U: S. A., com'g 10th Military Dept, ..
and Governor of California. Commmodore Thos. Ap. C. JONES, i Com'g U. S. naval forces in the Pacific ocean. .
STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,
. Monterey, June 2, 1849. Sir: I am directed by Governor Riley to 'reply as follows to so much -of your communication of the 16th ultimo as relates to the powers and duties of the ayuntamiento or town council of the town of Santa Cruz.
The laws of California, as they existed on the 1st of June, 1848, which are not inconsistent with the provisions of the constitution or the laws of Congress applicable to this country, as a part of the territory of the United States, are still in force, and must continue in force till changed by competent authority. The powers and duties of town councils in California (except so far as they may be modified by the constitution and laws of Congress) are the same as they were previous to the conquest of the country. As the laws tvuching this subject may not be of contenient reference, I subjoin a few of their provisions.
The number of members of each town is regulated by the approbation of the governor, but can in no case exceed six alcaldes, twelve regidores or councilmen, and two syndicos.'. • They are charged with the police and good order of the town, the construction of roads, the laying out, lighting, and paving of streets, the construction and repair of bridges, the removal of nuisances, the estab"lishment of public burying-grounds, the building of jails, the support of town paupers, the granting of town licenses, the examination of weights and measures, and the management and disposition of all municipal property. The council appoints its own secretary, who, as well the members of the council, before entering upon their respective duties, must take the usual oath of office. Each member of the council is bound to assist the alcaldes in executing the laws, and is individually liable for any mal-administration of the municipal funds. A full account of the receipts and espenditures of the council must be kept, and at the end of each year submitted to the prefect of the district, who, after his examination, transmits them to the governor, for file in the government archives. In case of the death of any member of the town council, the vacancy may be supplied by a special election; but if such vacancies occur within three months of the close of the year, it will not be filled until the regular annual elec"tion. In case of the suspension of the members of the council, those of the preceding year may be reinstated with their full powers. Very respectfully, your obedient servant,
H. W. HALLECK, en ... Brevet Captain, and Secretary of State. J. G. MAJORS,
Alcalde, Santa Cruz, California. :
Know all men by these presents, that I, Bennet Riley, brevet brigadier. general United States army, and governor of California, by virture of authority in me vested, do hereby appoint Frederick Billings a commissioner of deeds in and for the district of San Francisco, California,
Given at Monterey, California, this second day of June, in the year of our Lord one thousand eight hundred and forty-nine.
• B. RILEY, Brevet Brigadier General U. S. A., and Governor of California. . Official: .
H. W. HALLECK,
7b the people of the District of San Francisco. Whereas proof has been laid before me that a body of men styling themselves “the legislative assembly of the district of San Francisco” have usurped powers which are vested only in the Congress of the United States, by making laws, creating and filling offices, imposing and collecting taxes, without the authority of law, and in violation of the constitu-, tion of the United States and of the late treaty with Mexico: Now, therefore, all persons are warned not to countenance said illegal and unauthorized body, either by paying taxes or by supporting or abetting their officers.
And whereas due proof has been received that a person assuming the title of sheriff, under the authority of one claiming to be a justice of the peace in the town of San Francisco, did, on the 31st of May last, with an armed party, violently enter the office of the 1st alcalde of the district of San Francisco, and there forcibly take and carry away the public records of said district from the legal custody and keeping of said 1st alcalde: Now, therefore, all good citizens are called upon to assist in restoring said records to their lawful keeper, and in sustaining the legally-constituted authorities of the land.
The office of justice of the peace in California, even where regularly constituted and legally filled, is subordinate to that of alcalde; and for one holding such office to assume the control of, and authority over, a superior tribunal, argues an utter ignorance of the laws or a wilful desire to violate them, and to disturb the public tranquillity. It is believed, however, that such persons have been led into the commission of this rash act through the impulse of the moment, rather than any wilful and settled design to transgress the law; and it is hoped that on due reflection they will be convinced of their error, and unite with all good citizens in repairing the violence which they have done to the laws. It can hardly be possible that intelligent and thinking men should be so blinded by passion, and so unmindful of their own interests and the security of their property, after the salutary and disinterested advice and warnings which have been given them by the President of the United States, by the Secretaries of State and of War, and by men of high integrity and disinterested motives, as to countenance and support any illegally-constituted body in their open violation of the laws, and assumption of authority which in no possible event could ever belong to them.
The office of alcalde is one established by law, and all officers of the United States have been, ordered by the President to recognise and support the legal authority of the person holding such office; and whatever feelings of prejudice or personal dislike may exist against the individual holding such office, the office itself should be sacred. For any incompetency or' mal-administration the law affords, abundant means of remedy and punishment—means which the executive will always be found ready and willing to employ to the full extent of the powers in him vested.
Given at Monterey, California, this 4th day of June, in the year of our Lord 1849.
. ... B. RÍLEY,
H. W. HALLECK,
Know all men by these presents, that, T. M. Leavenworth, esq., having tendered his resignation of the office of Ist alcalde of the district of San Francisco, which is accepted, to take effect on the legal election of a successor; and it being represented that certain municipal offices in the town of San Francisco are vacant, and that it is highly important that they be filled with the least possible delay: Now, therefore, I, Bennet Riley, brevet brigadier general United States army, and governor of California, and by virtue of authority in me vested, do hereby appoint R. A. Parker, Frederick Billings, John Servine, W. S. Clark, Stephen Harris, B. R. Buckalew, William H. Tillinghurst, A. J. Grayson, and J. P. Haven, judges and inspectors, to give notice and hold a special election to fill the abovenamed vacancies in the said district and town. In the absence of the others, any three of these judges and inspectors are empowered to act.
Given at Monterey, California, this 5th day of June, in the year of our Lord 1849.
H. W. HALLECK,
STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,
Monterey, June 5, 1849... GENTLEMEN: I am directed to send you the enclosed appointment as · judges and inspectors, to give notice and hold a special election for filling certain vacancies in the district and town of San Francisco.
The growing importance of your town, and the immense amount of business transacted there, render it important for the security of property and of the rights of citizens that it should not be kept without regular and legally.constituted officers for the administration of justice and the