APPENDIX No. 10. . I, Brigadier General S. W. Kearny, governor of California, by virtue of authority in me vested by the President of the United States of America, do hereby grant, convey, and release unto the town of San Francisco, the people, or corporate authorities thereof, all the right, title, and interest of the government of the United States and of the Territory of California in and to the beach and water-lots on the east front of said town of San Francisco, included between the points known as the "Rincon" and "Fort Montgomery," excepting such lots as may be selected for the use of the government by the senior officers of the army and navy now there: Provided the said grant hereby ceded shall be divided into lots, and sold at public auction, to the highest bidder, after three months' notice previously given; the proceeds of said sale to be for the benefit of the town of San Francisco. Given at Monterey, capital of California, this 10th day of March, 1847, in the 71st year of the independence of the United States. S. W. KEARNY, Brig. Gen. and Governor of California. APPENDIX No. 11. Know all men by these presents, that I, Richard B. Mason, colonel Ist regiment of dragoons United States army, and governor of California, by virtue of authority in me vested, do hereby appoint J. R. Suyder, of Monterey, and Timothy Murphy, of San Rafael, commissioners with full power to examine into and correct certain alleged irregularities in the proceedings and records of the office of the late alcalde of Sonoma, J. H. Nash, and to settle according to equity and justice all questions of title to town lots sold or granted by said Nash. Done at Monterey, capital of California, this 26th day of August, 1847, and the 72d of the independence of the United States. R. B. MASON, Colonel 1st Dragoons and Governor of California. STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA, Monterey, August 26, 1847. MESSRS: By a decree of the governor of this date, you have been ap pointed commissioners to examine into certain alleged irregularities in the sales of town lots in the town of Sonoma, by J. H. Nash, late alcalde of said town, and also to settle all questions of title to said lots sold by Nash according to equity and justice, so that innocent purchasers shall not suffer. It has been alleged that deeds for public lands were made out and signed by said Nash in May and June last, after he (Nash) ceased to be alcalde, (which was on the 10th of April, 1847,) and that these titles have been recorded prior to titles given by the same authority in December and January last; that titles have not been given in comformity with the petitions of applicants and the established rules or usages of sale; that certain petitions and titles have been antedated; that lots have been sold which were previously granted or sold to other persons, and the same recorded; that the original plan or survey of the town has been changed, and also the manner of numbering the lots, and in addition to other irregularities, that the said alcalde has failed to turn over to his successor in office a full account of his sales and expenditures, and the public funds in his hands. You are empowered by the governor to examine into all these alleged irregularities and defalcations, and to correct the proceedings and records of the said alcalde, (Nash,) and to settle questions to titles to town lots sold or granted by said Nash. You have full power to call for persons and papers, and to examine witnesses. A full record of your proceedings will be signed by each commissioner and turned over to the alcalde of Sonoma, to be transmitted by him, with his remarks, to the governor of the territory for approval. You will examine thoroughly into the receipts and expenditures of said Nash as alcalde, touching the sale, &c., of lots in Sonoma, with a view of showing in what manner and for what purposes expenditures have been made, and to determine the amount of public money arising from said sales still unaccounted for, and yet to be turned over to his successor in office. Should you find any irregularities in the numbering of lots, or any unau thorized change in the original plan or survey of the town of Sonoma, you will restore the original plan, or take such other measures as in your judgment may be best calculated to secure the just rights of all the parties interested. You will assemble at Sonoma on the 10th day of September next, or as soon thereafter as practicable. You will each be entitled to four dollars per diem for every day you are in session, and for every day's travel going to and returning from Sonoma, (estimating a day's travel at forty miles,) which will be paid to you by the alcalde of Sonoma from any funds in his hands belonging to the said town. Very respectfully, your obedient servant, H. W. HALLECK, Lieut. of Engineers and Secretary of State Messrs. J. R. SUYDER, Monterey, and TIMOTHY MURPHY, San Rafael. APPENDIX No. 12. HEADQUARTERS 10TH MILITARY DEPARTMENT, SIR: Since writing my letter of yesterday I have found your mislaid letter of the 29th of February. An alcalde has no right or authority whatever to sell or in any other way to dispose of pueblo lands; and, without touching the question of the legality of the case-proceedings-which resulted in the division of the lands of your pueblo, in which division some of them were set apart for the benefit of public schools, I say neither has he any power or authority to give, grant, or sell any of the lands so set apart; and such grant, gift, or sale is utterly null and void, and of no sort of force or effect. I remark what you say in relation to the sale of some of the pueblo lands alluded to above being entered on the records after transactions of a subsequent date to that which purports to be the sale. This evidently shows there has been something wrong; but in this case it is a matter of no moment, because any sale of those lands made by your predecessor in office, even if not antedated and recorded at the proper time, is utterly void, and of no sort of force or effect. You will please enter this letter on your record, and file and preserve the original in your office; also, preserve on the files of your office my official letter of the 19th January last, addressed to Mr. James W. Weeks, at that time alcalde of your town. I am, respectfully, your obedient servant, CHARLES WHITE, Colonel 1st Dragoons and Governor of California. First Alcalde, Pueblo de San José. APPENDIX No. 13. Mexican law of the 17th August, 1833. ARTICLE 1. Government will proceed to secularize the missions of Upper and Lower California. ART. 2. In each of said missions a parish shall be established under the charge of a parish priest of the secular clergy, with a salary of from $2,000 to $2,500 per annum, at the discretion of the government. ART. 3. These parish curates shall exact no enrolment for marriages, baptisms, burials, or any other religious functions. With respect to fees of pomp, they may receive such as shall be expressly stipulated in-the tariff to be formed for this object, with as little delay as possible, by the reverend bishop of the diocess, and approved by the supreme government. ART. 4. The churches which have hitherto served the different missions, with the sacred vessels, ornaments, and different appurtenances now belonging to them, shall be assigned to these new parishes, and also such buildings annexed to the said churches as the government may deem necessary for the most decent use of said parish. ART. 5. The government will order a burial-ground to be erected outside of each parish. ART. 6. There are $500 per annum assigned to each parish as a donation for religious worship and servants. ART. 7. Of the buildings belonging to each mission, the most appropriate shall be designated for the habitation of the curate, with the addition of a ground lot which shall not exceed 200 varas square; and the remaining edifices shall be specially adjudicated for a court-house, preparatory schools, public establishments, and workshops. ART. 8. In order to provide quickly and efficaciously for the spiritual necessities of both Californias, a vicar-generalship shall be established in the capital of Upper California, the jurisdiction of which shall extend to both territories; and the reverend diocesan shall confer upon its incumbent the necessary faculties, with the greatest amplitude possible. ART. 9. For the donation of this vicar-generalship $3,000 per annum shall be assigned; but the vicar shall be at all the expense of his office, and not exact under any title or pretext any fee whatever, not even for paper. ART. 10. If by any motive the vicar-generalship should be filled by the parish curate of the capital of any other parish in those districts, said curate shall receive $1,500 yearly, in addition to the donation of his curacy. ART. 11. No custom obliging the inhabitants of California to make oblations, however pious they may be, although they may be called necessary ones, can be introduced; and neither time, nor the consent of the citizens themselves, can give them any force or virtue. ART. 12. The government will efficaciously take care that the reverend diocesan himself concur in carrying into effect the object of this law. ART. 13. When these new curates are named, the supreme government will gratuitously furnish a passage by sea for them and their families; and besides that, may give to each one from $400 to $800 for their journey by land, according to the distance, and the family they take with them. ART. 14. Government will pay the passage of the missionary priests who return to Mexico; and in order that they may comfortably reach their convents by land, it may give to each one from $200 to $300, and, at its discretion, what may be considered necessary for those to leave the republic who have not sworn to the independence. ART. 15. The supreme government will provide for the expenses comprehended in this law out of the product of the estates, capitals, and revenues at present recognised as the pious fund of the missions of California.. APPENDIX No. 14. Provisional regulations for the secularization of the missions of Upper California promulgated by Governor Jose Figueron on the 9th of August, 1834. ARTICLE 1. The governor, agreeable to the spirit of the law of the 17th August, 1833, and to the instructions which he has received from the supreme government, will, with the co-operation of the prelates of the missionary priests, partially convert into pueblos the missions of this territory, beginning in the next month of August, and commencing at first with ten missions and afterwards with the remainder. ART. 2. The missionary priests will be exonerated from the administration of temporalities, and will only exercise the functions of their ministry in matters appertaining to the spiritual administration, until the formal division of parishes be made, and the supreme government and diocesan provide curates. ART. 3. The territorial government will reassume the administration of temporalities in the directive part, according to the following bases: ART. 4. The supreme government will, by the quickest route, be requested to approve of these provisional regulations. Distribution of property and lands. ART. 5. To every individual head of a family, and to all those above twenty-one years of age, although they have no family, a lot of land, whether irrigable or otherwise, of not exceeding 400 varas square, nor less than one hundred, shall be given out of the common lands of the missions; and in community a sufficient quantity of land shall be allotted them for watering their cattle. Common lands shall be assigned to each pueblo, and, when convenient, municipal lands also. ART. 6. One half of the self-moving property (cattle) shall be distributed among the said individuals, in a proportionable and equitable manner, at the discretion of the governor, taking as a basis the last accounts of all kinds of cattle presented by the missionaries. ART. 7. One half or less of the chattels, instruments, and seeds on hand, and indispensable for the cultivation of the ground, shall be divided proportionably among them. ART. 8. The remainder of all the lands, landed property, cattle, and all other property on hand, will remain under the care and responsibility of the mayordomos, or other officers whom the governor may name, at the disposal of the supreme federal government. ART. 9. From the common mass of this property the subsistence of the missionary padres, the pay of the mayordomos, and other servants, the expenses of religious worship, schools, and other objects of policy and ornament, shall be provided. ART. 10. The governor, having under his charge the direction of temporal affairs, will determine and regulate, according to circumstances, all the expenses necessary to be laid out, as well for the execution of this plan as for the conservation and augmentation of this property. ART. 11. The missionary minister will select the locality in the mission which may best suit him, for his own habitation and that of his servants and attendants; and he shall be furnished with the necessary furniture and implements. ART. 12. The library, sacred dresses, ornaments, and furniture of the church, shall be put in charge of the missionary padre, under the responsibility of the person who acts as subscriber, and whom the priest himself shall elect, and a reasonable salary be given for his troubles. ART. 13. General inventories shall be made of all property on hand in each mission, with due separation and explanation of the different branches; of the books, debit, and credit, and all kinds of papers; of the amount owing by and to the missions; which document and account shall be forwarded to the supreme government. Political government of the pueblos. ART. 14. The political government' of the pueblos shall be organized in perfect conformity with the existing laws; the governor will give the necessary instructions to have ayuntamientos established and elections made. ART. 15. The economical government of the pueblos shall be under the charge of the ayuntamientos; but as far as regards the administration of justice in contentious affairs, they will be subject to the primary judges of the nearest towns constitutionally established. |