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CIRCULAR TO COLLECTORS OF CUSTOMS AT THE POSTS IN CALIFORNIA.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 17, 1847. The printed extract from the regulations for collecting the tariff of duties on imports and tonnage is herewith sent to you in that shape for the information of ship-masters and merchants. You will therefore give one copy to the master of each vessel arriving in your port. A vessel arriving in your port a second time need not be furnished with another copy.

The monthly statement of revenue collected, required to be sent to the
War Department, will be forwarded through this office, and you will ob-
serve in the printed form of the monthly statement that the column of
" ralue of importsmeans the value at the port of entry; and for the
manner of filling up that form, see the form as filled up in the printed
pamphlet sent you a short time since.
I am, respectfully, your obedient servant,

R. B. MASON.
Colonel 1st Dragoons, Governor of California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, November 19, 1847.

'. Sir: Your communication of yesterday is before me; in reply to which, I have to say that the product or manufacture of Mexico will be admitted into the ports of California, if brought in American vessels from the ports in Mexico that are in the possession of the United States forces; if such products or manufacture are brought in vessels belonging to any other nation, the vessels are liable to seizure and confiscation. I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. Robt. WALKINSHAM,

Monterey.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 20, 1847. Sir: I have received your letter of the 16th instant, and also communications from various citizens, who, I am told, are among the most respectable in Pueblo, complaining and protesting against the election of Nr. Reed and Mr. Murphy, and denying that they are residents of the town or Pueblo de San José, and that they were declared to be residents by a considerable number who were not themselves known as residents.

The persons elected as town councilmen should be elected by the votes of persons who reside within the limits of the town, as marked by the town plat. No one who resides outside of these limits can be a town councilman, or vote for a town councilman, any more than he can vote in San Francisco for a town councilman.

A mere transitory residence, a mere sojourning in the pueblo for the time being, cannot constitute such a residence as to make a man eligible to be elected a town councilman, or to vote for one. He must have resided within the limits of the town a reasonable length of time previous to the election; or rather, his residence must have been of such a character as to plainly indicate his intention of becoming, and being in fact, a bona fide resident-such, for instance, as keeping house, going into business, opening shops, and working at his trade, &c., &c.

Suppose there was a poll tax laid upon each actual and bona fide resident of the town; would those who were mere transitory residents, or temporary sojourners, insist upon paying the tax, and being considered as actual residents of the place? or would they refuse to pay it, upon the ground of being mere transitory persons, and not actual permanent residents of the town? or would those who reside outside the limits of the town, as marked by the town plat, insist upon being subjected to the tax as residents of the town? or would they refuse to pay upon the ground of not residing within the limits of the town, as marked by the town plat?

It is very easy, it appears to me, to distinguish the bona fide from the pretended residents of a place. The votes of all those who reside within the limits of the town, as marked by the town plat, and are residents thereof in good faith, and not mere temporary sojourners or transient persons, must be taken as legal votes, and all others rejected, and the siz persons who received a majority of such legal votes are declared to have been duly elected. I appoint you and Mr. Ruchel, of your town, and such third person as you two may choose, to examine this subject, and to decide which six persons received a majority of the legal votes of the town of San José; and such six persons are declared to have been duly elected, provided they were bona fide residents of the town.

I earnestly hope the committee, thus constituted, will decide the matter fairly and equitubly, with the sole view to the better government of the town, apart from anything like partisan feeling. I am, respectfully, your obedient servant,

R. B. MASON,

Col. 1st Dragoons, Governor of California. : JAMES M. WEEKS,

Alcalde, San José.

Know all men by these presents, that I, Richard B. Mason, colonel 1st dragoons United States army, and governor of California, by virtue of authority in me vested, do hereby appoint Julian Urgua an alcalde within the district of San Juan Bautista.

Given at Monterey, the capital of California, this twenty-second day of November, A. D. 1847, and of the independence of the United States the seventy-second.

R. B. MASON,
Col. 1st Dragoons, Governor of California.

HEADQUARTERS Tenth MILITARY DEPARTMENT,

Monterey, California, November 22, 1847. Sir: Your communication of the 21st of the present month has been received, intorming me that Julian Urgua had been elected in your place, &c.

The election was unauthorized. When you were last at this place, and spoke to me on the subject of a new alcalde, I said to you that I would appoint any person whom the people would sign a petition for. No petition has come in. The election being unauthorized, is null and void; but nevertheless, I enclose to you the appointment of alcalde for Julian Urgua, which be pleased to deliver to him.

R. B. MASON, Col. 1st Dragoons, Governor of California. Señor JOSE MARIA SANCHEZ,

San Juan Bautista.

1, Richard B. Mason, colonel 1st regiment dragoons United States army,

and Governor of California, to all who shall see these presents, greeting:

Be it known, that leave and permission are hereby granted to E. Gray, master of the schooner Antonita, lying at present in the port of Monterey, to engage in all lawful commerce upon the coast of California, upon the authority of this paper; the said E. Gray having made oath before me that the said schooner belongs to Charles Rousillon and Peter Sainlerran, both citizens and residents of California, and was built in California this present year. He is hereby authorized to hoist the American flag on board of said schooner, with all the privileges of an American vessel engaged in lawful commerce on the coast of California. The said schooner is of the burden of thirty-four tons, or thereabouts, forty feet long above deck, six feet eight inches deep, and twelve feet and four inches wide, being flat built.

Given at Monterey, the capital of California, this twenty-third day of November, A. D. 1847, and of the independence of the United States the seventy-second.

R. B. MASON,
Col. 1st Dragoons, Governor of California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 24, 1847. Sır: The Catholic priest of Santa Cruz has this day called upon me, and complained that the alcalde has been granting or selling certain lots of land belonging to the mission of that place. By the decree of General Kearny of the 22d of March last, certain missions, of which Santa Cruz was one, and all the lands, &c., appertaining thereto, were put under the charge of their respective priests. These missions and mission lands cannot in any way be incumbered or disposed of by any of the authorities in California. An alcalde cannot grant or dispose of lands, unless when a town has been authorized to be laid off by the proper authorities, and the lots are authorized to be sold for the benefit and improvement of the place. If any town has been authorized to be laid off at Santa Cruz, be pleased to furnish me with a copy of such authority, and also with a copy of the town plot. I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. Wm. BLACKBURN, Alcalde, Santa Cruz.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 24, 1847. Sır: Your letter of the 6th instant, enclosing the copy of one from Captain J. D. Hunter of the 1st instant, is before me.

I enclose to you a blank appointment for an alcalde, to be filled up for Mr. John Sharnon, the person recommended by Captain Hunter, if you think him a proper man; if not, fill the blank with the name of the most competent person you can find.

Enclosed is a letter to José Antonio Pico, which, after reading and filling up the blank with the name of the mission, seal and send to him. I am, with much respect, your obedient servant,

R. B. MASON, Colonel Ist Dragoons, Governor of California. Col. J. D. STEVENSON,

Commanding Southern Military District, Los Angeles..

Know all men by these presents, that 1, Richard B. Mason, colonel 1st regiment dragoons United States army, and governor of California

, by virtue of authority in me vested, do hereby appoint John Sharnon an alcalde within the district of San Diego, at or near San Luis Rey.

Given at Monterey, the capital of California, this 24th day of November, A. D. 1847, and of the independence of the United States the 72d.

R. B. MASON, Colonel 1st Dragoons, Governor of Californin.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 24, 1847. Sır: I am informed that you have in your possession certain property belonging to the mission of

I desire you at once to turn all such property over to Captain J. D. Hunter, sub-Indian agent, who is in charge of San Luis Rey. I further desire that you will furnish me with an inventory of all the mission property that is now, or may have been at any time, in your possession, and that you will inform me when you obtain it. With much respect, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. JOSE ANTONIO Pico.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 24, 1847. Sır: I am in the receipt of your letter of the 11th of the present month. In relation to the disputes about the boundaries of certain farms, on the Contra Costa, the only way in the present condition of affairs in California is for the parties concerned to enter into articles of writing, binding themselves to abide the decision of arbitrators (the arbitration to be laid before the alcalde) for the permanent settlement of their lines or boundaries. If this cannot be done, let them agree to enter into an arbitration for the temporary settlement of the boundaries until such time as the proper law courts are established, it being understood that such temporary settlement is not to prejudice the claim or right of either party, when the cause comes before the proper court having the judicial power to try the I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. J. W. WEEKS,

Alcalde, Pueblo de San José.

same.

HEADQUARTERS Tentu Military DEPARTMENT,

Monterey, California, November 23, 1847. Sir: I have your letter of the 13th instant, and the one enclosed, ad. dressed to yourself, from Padre Real. I know not what are the privileges that his reverence enjoys, nor do I know to what“competent judge” he refers, who alone can take judicial cognizance" against him; but it is very evident that if his reverence departs from his calling as a Catholic priest, and enters into a bargain or contract with a citizen of the country, he places himself, and must necessarily stand upon the same footing with that citizen, and that citizen has the same recourse against the padre for a breach of contract, as the padre would have against him, or as one citizen has against another in similar cases. Were this not the case, it would be useless to enter into an agreement or contract. An agreement or contract, verbal or written, necessarily implies a reciprocity: it must be equally obligatory upon both parties. One party failing to comply with his stipulated obligations, the other has the right to appeal to the civil laws of the land to compel the delinquent to conform to his agreement, and that delinquent cannot plead privileges not accorded to him in the contract or agreement into which he has entered. I am, respectfully, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. JAMES W. WEEKS,

Alcalde, Pueblo de San José.

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