If the alcalde's court at San José has exceeded its powers, your proper course of redress will be to bring the case before the superior tribunal, which it is hoped will be organized in August next. As no attempt has been made by that court to forcibly execute its sentence upon your person, or to seize your property, the governor does not perceive at present any necessity for his official interference. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. THEODORE ROBBS, Sonoma. SIR: I am directed by General Riley to acknowledge the receipt of your letter of June 25, and to enclose you an extract from a Mexican law believed to be still in force respecting possession of property. A translation of the laws of 1837, respecting the jurisdiction of courts in California, will soon be published. The main features of that law are believed to be still in force. General Riley is on the point of leaving for Sutter's Fort, and has no time to write you more at length. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. L. W. BOGGS, Esq., Alcalde, Sonoma. CIRCULAR. EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, July 2, 1849. The persons who may receive the plurality of votes respectively in each of the four judicial districts of California for judges of the superior court of this Territory, are requested to meet at Monterey immediately after the election of the 1st of August next, for the purpose of forming a tariff of fees and duties, to be collected by primary judges, (de primera instancia,) alcaldes, advocates, clerks, and other judicial officers; to form rules of their own tribunal; and to determine upon the times and places for holding their court. The absolute necessity of having some judicial authority superior to the present alcalde's courts renders it important that this superior tribunal should be organized with the least possible delay. B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. STATE DEPARTMENT OF CALIFORNIA, Monterey, July 2, 1849. MAJOR: I am directed by. General Riley to acknowledge the receipt of your letter of June 4, respecting certain property belonging to the mission of San Diego. Governor Mason, in August last, authorized the turning over of this property to Padre Gonzales, of Santa Barbara; but if neither the padre nor his agents take possession of it, and it is likely to be lost or injured from neglect, you are authorized to dispose of it by sale, turning over the proceeds to Captain Lyon, as "civil funds." Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of Stite. Major S. P. HEINTZELMAN, CIRCULAR. STATE DEPARTMENT OF CALIFORNIA, Monterey, July 2, 1849. Official information having been received that a collector and deputy collectors of customs, for the district of California, have been appointed according to law, and are now en route for their respective stations, it is therefore directed that, on their arrival, and the presentation of their appointments, the temporary collectors appointed by the authority of the governor of California cease their functions; and that they, and all other officers of this department, turn over to said collectors and their deputies all books and other custom-house property in their possession, taking the necessary receipt for the same. So much of these moneys as may be requisite for that purpose will be expended by the order of the governor, to defray the expenses of the existing civil government of California, and the remainder held subject to such disposition as Congress may direct. By order of the governor: H. W. HALLECK, Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission Major Robert Allen treasurer of California, with the salary of two thousand five hun dred dollars per annum. This appointment will have a retrospective effect to the first of July last, at which time Major Allen took charge of the "civil funds." Given at camp near Benicia, California, this 3d day of August, in the year of our Lord 1849. B. RILEY, Brevet Brig. Gen. U S. A., and Governor of California. Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission J. W. Geary as judge of first instance in and for the district of San Francisco, to date from the 1st of August, 1849. Given under my hand and seal, at San Francisco, California, this 6th day of August, in the year of our Lord eighteen hundred and forty nine. B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and confirm Horace Hawes as prefect of the district of San Francisco, to date from the 1st of August, 1849. Given under my hand and seal, at San Francisco, California, this 7th day of August, in the year of our Lord eighteen hundred and forty nine. B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. STATE DEPARTMENT OF CALIFORNIA, Monterey, August 10, 1849. SIR: Your letter of July 4th has just been received, and I am directed to inform the ayuntamiento of Santa Barbara that the governor cannot excuse Mr. Daniel Hill from performing the duties of 1st register of that town, unless Mr. Hill should give good and sufficient reasons for declining an office imposed on him by the laws of the country and the wishes of his fellow-citizens. If Mr. Hill should persist in refusing to perform the duties of his office, he will subject himself to all the penalties of the laws. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State Don RAYMUNDO CARRILLO, STATE DEPARTMENT OF CALIFORNIA, Monterey, August 10, 1849. SIR: I am directed by the governor to acknowledge the receipt of your letter of July 4th, and to inform you that he fully approves of the appointment of Antonio Maria de la Guerra as secretary of the Ylustre Ayuntamiento, with the salary of $30 per month. Very respe tfully your obedient servant, Don RAYMUNDO CARRILLO, H. W. HALLECK, Brevet Captain, and Secretary of State. Alcalde, Santa Barbara, California. STATE DEPARTMENT OF CALIFORNIA, REVEREND SIR: I am directed by the governor to acknowledge the receipt of your reverence's letter of May 28, giving information of the arrival of an impostor named Brignole, who falsely represented himself as bishop, apostolic legate, &c. It is said that Brignole was some time since arraigned before the alcalde of one of the northern districts, under the charge of being an impostor, since which time he has not been heard of, but is supposed either to have left the country or to have thrown off his assumed character of bishop. I have the honor to be your reverence's most obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Very Reverend JOSE MARIA DE JESUS GONZALES, Governor of the Bishopric of California, Santa Barbara, California. STATE DEPARTMENT OF CALIFORNIA, Monterey, August 10, 1849. GENTLEMEN: I am directed by the governor to acknowledge the receipt. of your letter of the 7th instant, and to say that it would give him great pleasure to afford every facility in his power for increasing the circulating medium in your city, and to supply the want of coin; but as it is quite certain, from information just received, that the new collectors will arrive in a very few days with instructions direct from the government at Washington, he deems it improper to make any changes in the regulations now established for the custom-houses in California. Any changes he might make could not continue more than a few days; for the moment the new collectors arrive, the entire control of the revenue will pass to other hands. I am, gentlemen, very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Messrs. WRIGHT & Co., STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your communication of the 7th ultimo, enclosing the proceedings of a meeting of the citizens of Santa Barbara. The governor is much pleased to learn that his plan of calling a general convention for forming a State government for California has met the approval of so respectable a body of his fellow-citizens. It was hardly to be expected that the number of delegates designated in his proclamation would be entirely satisfactory to all portions of the Territory; indeed, it was impossible at the time to obtain any satisfactory data respecting the relative population of the several districts, and it was therefore provided in the proclamation that each district should elect as many additional delegates as it should see fit, leaving it for the convention itself to decide how many of these ought to be received. When the regular delegates shall assemble, they can, on consultation, form a just estimate of the relative population of the district, and fix the final number of delegates accordingly. This was the most just and fair plan that could be devised. The relative population of the several districts is changing almost daily, and is now quite different from what it was at the time of issuing the proclamation. The population of the northern districts has probably nearly doubled within the last three months; and they will undoubtedly demand in convention a greater representation than that designated by the governor. It is hoped, however, that when the delegates assemble, they may, by a mutual spirit of conciliation and forbearance, make some satisfactory arrangement by which all parts of the country shall be duly and properly represented. With respect to the limits of the several districts, it is only necessary to remark that the governor followed, in his proclamation, as nearly as possible the old boundaries. He was unable at the time to ascertain what were the exact limits of the district of Santa Barbara, as defined by the departmental assembly, and he therefore fixed upon the rivers of Santa Ynez and Santa Clara as the most natural boundaries. This arrangement, however, was intended to be only of a temporary nature, as it is supposed that the convention will make a new political division of the Territory, and increase the number of districts. Please to assure the people of your district that the governor has no intention to make any permanent changes in the limits of their district; and that, so far as it may depend upon him, the older residents of the country shall have full security and protection in all their former rights and privileges. The changes complained of were the result of unavoidable circumstances, and were intended to be only of a temporary character. With every assurance of respect, I am, sir, very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Don PABLO DE LA GRANA, Santa Barbara. STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letter of July 20, accompanying a petition of the citizens of Santa Cruz, dated July 10. According to the title given by General Micheltorena to Dodero on the 18th March, 1844, he has the privilege of carrying the water of the three springs to his mill; but, after passing through said mill, the water belongs to the community, under the direction of the respective magistrate; and neither Dodero nor any other person shall divert the natural course of the water, either before or after it passes the mill. The alcalde of Santa Cruz should therefore take the proper measures to protect the citizens of that place in the rights secured to them in the aforesaid title. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State J. L. MAJORS, Santa Cruz, California. |