respecting the management and care of said lands, tenements, and other property. Given at Monterey, California, this 17th day of September, in the year of our Lord 1849. B. RILEY, Brev t Brigadier General United States Army, 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 C. Foster prefect of the district of Los Angeles, to date from the 1st day of September, 1849. Given under my hand and seal at Monterey, California, this 18th day of September, 1849. B. RILEY, Brevet Brigadier General United States Army, 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 Augustin Olivera judge of first instance in and for the district of Los Angeles, to date from the first day of September, 1849. Given under my hand and seal, at Monterey, California, this 18th day of September, in the year of our Lord 1849. B. RILEY, Brevet Brigadier General United States Army, 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 judge of first instance in and for the district of San Diego, to date from the 1st day of September, 1849. Given under my hand and seal at Monterey, California, this 18th day of September, in the year of our Lord 1849. B. RILEY, Brevet Brigadier General United States Army, EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, September 19, 1849. GENTLEMEN: I have the honor to acknowledge the receipt of yours of the 17th, asking for information respecting the mode of making out the accounts of the affairs of the convention. Such accounts should in all cases be certified by the president of the convention as just and true, and authorized by the convention; then, on receiving my written approval, they will be paid by the civil treasurer, or his agents. Captain Kane will furnish you with blank form of accounts. Very respectfully, your obedient servant, B. RILEY, Brevet Brigadier General United States Army, Messrs. E. O. CROSBY, J. P. WALKER, E. Brown, T. O. LARKIN, STATE DEPARTMENT OF CALIFORNIA, GENTLEMEN: The governor has examined the project, submitted to him, of an ordinance of the council of San Francisco imposing taxes, &c., for the support of the government of that town, and directs me to return it to you with the following remarks: The provisions of articles 1, 2, 3, 4, 5, 6, 7, 8, as amended in manuscript, are believed to be in strict accordance with the laws and customs of the country. The governor cannot, at present, give any definite information respecting the power of ayuntamientos to tax real estate. It is said that the law authorizing this in Mexico was suspended in its operation in California. The archives will be examined for further information on this subject. The governor is of opinion that the prefect has no power to veto ordinances passed by town councils. It is made his duty to exercise, in the administration and expenditure of municipal funds, such supervision as may be granted to him by the ordinances of ayuntamientos; and in case they exceed their authority, he must report the fact to the governor. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. Captain SIMMONS, Mr. HARRISON, and others. STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to enclose you herewith, as a reply to your letter of August 31, a copy of his decree of the 17th instant, relative to the missions of San José and Santa Clara. Very respectfully, your obedient servant, H. W. HALLECK, Brevet Captain, and Secretary of State. J. B. STEINBERGER, Esq., STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to enclose you herewith a copy of the harbor-master's letter of August 24, and to offer you the superintendence of the improvements proposed in that letter. The immediate establishment of these buoys is deemed absolutely necessary for the safety of the shipping in the bay of San Francisco; and as Congress has made no provision for these improvements, the governor has determined to provide for the expenses out of the "civil fund," now in his hands. These expenditures must be limited to the sum of ten thousand dollars, exclusive of your own pay as superintendent, which will be two hundred and fitty dollars per month. These improvements should be made with the least possible delay. Very respectfully, your obedient servant, Captain C. RINGGOLÐ, H. W. HALLECK, Brevet Captain, and Secretary of State. San Francisco, California. Know all men by these presents, that, on the recommendation of the supreme court of California, 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 Wm. B. Almond a judge of first instance, with civil jurisdiction only, in and for the district of San Francisco, to date from the 1st day of October, 1849. Given under my hand and seal at Monterey, California, this 21st day of September, 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, on the recommendation of the supreme court of California, 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 James S. Thomas a judge of first instance, with civil jurisdiction only, in and for the district of Sacramento, to date from the first day of October, 1849. Given under my hand and seal at Monterey, California, this 21st day of September, 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, September 24, 1819. SIR: On the recommendation of the superior court of California, the governor has appointed Wm. B. Almond a judge of first instance, for the district of San Francisco, with civil jurisdiction only. His commission takes effect the 1st day of October next; after which time your jurisdiction will, in conformity to the laws, be confined to criminal matters only. Very respectfully, your obedient servant, Hon. J. W. GEARY, H. W. HALLECK, Brevet Captain, and Secretary of State. Judge of First Instance, San Francisco, California. STATE DEPARTMENT OF CALIFORNIA, SIR: I am directed by the governor to forward, for your official action, the enclosed papers for juzgado of Los Angeles. Very respectfully, your obedient servant, Hon. LEWIS DENT, H. W. HALLECK, Brevet Captain, and Secretary of State. Judge of the Superior Court, Monterey, California. STATE DEPARTMENT OF CALIFORNIA, SIR: You are appointed by the governor to examine the books and accounts of the collector of this port from the time he entered upon the duties of his office to the 30th September, and to audit the same, or report to this office any irregularities you may find in the same, or any neglect of duty on the part of the collector or his employés. You are empowered to send for persons and papers, and to administer oaths. Very respectfully, your obedient servant, H. S. BURTON, W. H. HALLECK, Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authonty in me vested, do hereby appoint and commission Hall McAllister attorney for the district of San Francisco, with a salary of two thousand dollars per annum. This commission will take effect the 1st day of October next. Given under my hand and seal, at Monterey, California, this 25th day of September, in the year of our Lord eighteen hundred and forty-nine. B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. Official. 53 STATE DEPARTMENT OF CALIFORNIA, SIR: On the recommendation of the superior court of California, the governor has appointed James S. Thomas a judge of first instance for the district of Sacramento, with civil jurisdiction only. His commission takes effect on the first day of October next; after which time, your jurisdiction will, in conformity with the laws, be confined to criminal niatters only. Very respectfully, your obedient servant, Hon. W. E. SHANNON, H. W. HALLECK, Brevet Captain, and Secretary of State. Judge of First Instance, Sacramento district. STATE DEPARTMENT OF CALIFORNIA, MAJOR: You were authorized on the 5th instant to loan from the "civil fund," to the pay department, the sum of thirty thousand dollars. If that sum was not turned over to Major Leonard before he left for Oregon, the governor requests that you will furnish Captain Kane with instructions to deliver one-third of it to the paymaster at this place. Very respectfully, your obedient servant, Major R. ALLEN, H. W. HALLECK, Brevet Captain, and Secretary of State. Civil Treasurer, San Francisco, California. EXECUTIVE DEPARTMENT OF CALIFORNIA, GENERAL: The convention which assembled at this place on the 1st of September has completed its labors, and the constitution formed by that body was submitted on the 12th instant to the people for their ap proval, and I have no doubt of its being ratified by the almost unanimous vote of the qualified electors of this country. A printed copy of this constitution is enclosed herewith. You will see by examining the schedule that it is contemplated to put the new government into operation on or soon after the 15th day of December next; and I shall then surrender my civil powers to whosoever may be designated under the constitution as the executive of the new State. Whatever may be the legal objections to putting into operation a State government previous to its being acknowledged or approved by Congress, these objections must yield to the obvious necessities of the case; for the powers of the existing government are too limited, and its organization too imperfect, to provide for the wants of a country so peculiarly situated, and of a population which is augmenting with such unprecedented rapidity. I have deemed it my duty to pay from the "civil funds" the current expenses of the convention, and also the salaries of officers as authorized by that body. In the absence of any legislative assembly, I have regarded |