matter will be postponed till after he learns the result of this examination. With assurances of high respect, I have the honor to be your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. J. ALEXANDER FORBES, STATE DEPARTMENT OF CALIFORNIA, CAPTAIN: On the 22d of March, 1847, General Kearny, then governor of California, directed that the missions of San José and Santa Clara, with the houses, grounds, gardens, and vineyards around and near them, should be left in the charge of the Catholic priests, who should be held responsible for the preservation of said missions and property till the various questions of titles and claims would be properly investigated. This property has since that time been left in the charge of the priest of Santa Clara, as the agent of the government, for its preservation. But it is now reported that he has been unfaithful to his trust; that various persons, under different pretexts, have been allowed to trespass upon this property; and that many of the buildings have been seriously injured: moreover, that said priest has recently made a formal transfer of his trust to a private citizen, for a term of years, and for which he is to receive a valuable consideration. And it is also known that he at one time attempted to seli and convey away portions of the real estate of those missions. It is also charged that he is entirely unfit and incompetent to continue in charge of this property, and to preserve it from trespassers. The governor therefore directs that you will immediately proceed to San José and Santa Clara, for the purpose of inspecting these establishments, and ascertaining the facts relating to the priest's management of this property. I enclose herewith various papers relating to this subject, which you will return to this office as soon as you have completed your inspection. The title to all the property of these missions (with a few reservations) was vested in government; and where they have not been legally conveyed by government to private individuals, they are still public property, a will be held as such. and The priests have, since 1833, been regarded as tenants at will, and liable to be removed at the pleasure of the government. The laws also provide for the renting of this property, and designate the disposition to be made of the proceeds of this rent. On your return to this place you will report whatever information you may obtain respecting these missions, and also whether, under the circumstances, it will not be advisable to remove the priest of Santa Clara from his charge as government agent, and to rent the property to some responsible citizens, in accordance with the laws of the country. You will be allowed, from the "civil funds," your necessary expenses, and a per diem of $6 for the time you are actually and necessarily engaged in this inspection. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Captain G. C. WESCOTT, STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letter of the 14th instant, asking for an approval of your course in your recent difficulty with Mr. Forbes. As the governor believes that your course in that case was evidently illegal, and that you assumed powers which never properly belonged to you, he must decline acceding to your request. Nor does he deem it necessary for him to interfere officially in the affair, when the question can easily be settled by a resort to the proper judicial tribunal. Very respectfully, your obedient servant, GEORGE W. BELLAMY, Santa Clara. H. W. HALLECK, Brevet Captain, and Secretary of State. 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 Stephen Cooper judge of first instance of the district of Sonoma, to date from the first day of August, 1849. Given under my hand and seal, at Monterey, California, this twenty-first day of August, in the year of our Lord eighteen hundred and forty-nine. Brevet Brig. Gen. U. S. A., and Governor of California. Know all men by these presents, that I, Bennet Biley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission Charles P. Wilkins prefect of the district of Sonoma, to date from the first of August, 1849. Given under my hand and seal, at Monterey, California, this twenty-first day of August, in the year of our Lord eighteen hundred and forty-nine. Brevet Brig. Gen. U. S. A., and Governor of California. STATE DEPARTMENT OF CALIFORNIA, CAPTAIN: Governor Riley directs that you will immediately transfer to Major R. Allen, "civil treasurer," all "civil funds" in your possession, taking his receipt for the same. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Captain E. K. KANE, STATE DEPARTMENT OF CALIFORNIA, MAJOR: I am directed by Governor Riley to acknowledge the receipt of your accounts of the civil funds for the month of July, and to call your attention to the facts therein stated, that you have transferred, without his order or approbation, from this fund to the quartermaster's department, $35,124 79, and to Major Fitzgerald $500. This transfer is in direct violation of the instructions which have heretofore been issued to all persons holding these "civil funds," and the governor will hold you strictly responsible as civil treasurer that the money be immediately restored. By order of Governor Riley: H. W. HALLECK, Brevet Captain, and Secretary of State. Major ROBERT ALLEN, Civil Treasurer, Benicia. STATE DEPARTMENT OF CALIFORNIA, MAJOR General Riley directs me to call your attention to the facts that no monthly summary statement of "civil funds" in your possession, nor quarterly accounts and papers, have been received from you since your arrival in this country; nor have you acknowledged the receipt of my order or circular, which has been sent to you by his direction, in relation to this "civil fund." Nevertheless, it is known that you received, both at Monterey and at San Francisco, considerable sums of this money. By order of Governor Riley: H. W. HALLECK, Brevet Captain, and Secretary of State. Major E. H. FITZGERALD, STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to acknowledge the receipt of your letter of the 4th instant, relating to the murder of an Indian in Sonoma, and to thank you for your prompt attention in giving him the inform tion. As the judicial tribunals in your district are now organized, it is deemed proper that you immediately lay the facts of the case before Judge Cooper, the juez de primera instancia of Sonoma district, for his action in the premiises. Very respectfully, your obedient servant, General M. G. VALLEJO, H. W. HALLECK, Brevet Captain, and Secretary of State. Sub-Indian Agent, Sonoma, California. STATE DEPARTMENT OF CALIFORNIA, MAJOR In compliance with your request of the 18th instant, I transmit herewith copies of reports from Captains Folsom and Marcy, and Lieut. Davidson, from which you will be able to ascertain the amounts due the "civil fund" from the military departments of the government. The sum of $6,200 transferred by Captain Folsom to Captain Marcy was for civil purposes, and has been accounted for by him as such. The $10,000 transferred to Major Hardie was for raising troops in Oregon, but very little of it was so expended; nor, so far as is shown by the records of this office, has it ever been restored to the "civil fund.” The $70,000 transferred to Purser Forest was for paying the expenses of bringing emigrants from Lower California. The loan was made to the navy at the request of Commodore Jones, but how much of it was expended is not known. Nor is it known that any arrangements have been made for refunding the sum of $3,500 transferred to Major Rich, and the sum of $200 transferred to Lieutenant Warren. All these items should, therefore, be charged on your books as due the "civil funds." It appears from Lieutenant Davidson's accounts, enclosed herewith, that he transferred $10,804 50 to the quartermaster and commissary's departments; but, as his accounts have been sent to Washington, I do not know how much to each, nor the dates of the transfer. As Lieutenant Davidson is in your vicinity, you can get these items from him. It appears from the enclosed copy of a letter from Captain Ingall that he has received $896 70 of "civil funds" from the collector of San Pedro. It does not appear from the records of this office that any authority or permission was ever given for the transfer; nor was it known here that the money had been so transferred till the receipt of Captain Ingall's letter on the 21st of June last. In addition to the items mentioned in Captain Marcy's report, that of ficer has loaned from the "civil funds" the following sums: 1848. August 17. To Captain Lanman, United States navy October 13. To Captain Lanman August 30. To S. E. Woodworth April 12. To Colonel R. B. Mason do do do $50 00 60 00 500 00 100 00 2,500 00 None of this money has ever been returned or accounted for, and it should therefore appear on your books as due the "civil funds." The amount of "civil funds" in the hands of Lieutenant Davidson, December 31, has been paid over to Captain Kane. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Major R. ALLEN, SIR: The governor has received your official communication of yesterday, and directs that you give the proper notice and hold an election for regidor, in place of David Spence, appointed prefect of the district. Very respectfully, your obedient servant, H. W. HALLECK. Brevet Captain, and Secretary of State. Don YGNACIO EZQUER, EXECUTIVE DEPARTMENT OF CALIFORNIA, SIR: I have the honor to acknowledge the receipt of your letter of June 26; and in reply to that part of it which relates to the civil affairs of this country, I would respectfully refer you to my civil despatches Nos. 1 and 2 to the Adjutant General of the army, and my letter of this date to the assistant adjutant general of the Pacific division, copies of which are enclosed herewith. I beg leave to call your attention particularly to the views which I have expressed in these communications respecting the "civil fund" formed from the duties collected on imports into California previous to the time when the general government assumed control over these revenues. Unless this fund be left at my disposal, it will be utterly impossible for me to carry on the government; and as no military authority over civil affairs in this country is or can be exercised, anarchy will necessarily ensue. Very respectfully, your obedient servant, B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. Hon. GEO. W. Crawford, Secretary of War. EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, August 30, 1849. COLONEL: I have the honor to acknowledge the receipt of your letter of the 12th instant, communicating the views of General Smith respecting my acts and duties as governor of California. |