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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 equitably, with the sole view to the better government of the town, apart from anything like partisan feeling.

I am, respectfully, your obedient servant,

JAMES M. WEEKS,

R. B. MASON,

Col. 1st Dragoons, Governor of California.

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.

I, Richard B. Mason, colonel 1st regiment dragoons United States army, and Governor of California, to all who shall see these presents, greet. ing:

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. SIR: 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. SIR: Your letter of the 6th instant, enclosing the copy of one from Captain J. D. Hunter of the 1st instant, is before me.

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,

Col. J. D. STEVENSON,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

Commanding Southern Military District, Los Angeles..

Know all men by these presents, that I, 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 California.

HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 24, 1847. SIR: 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,

JOSE ANTONIO PICO.

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

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 24, 1847.

SIR: 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

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HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 25, 1847.

SIR: I have your letter of the 13th instant, and the one enclosed, addressed 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.

CIRCULAR.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 27, 1847. Vessels sailing from port to port for the purpose of collecting and taking in cargo for exportation from California to the United States ports, or the ports of any foreign country in amity with the same, will not be subjected to tonnage or revenue duty, unless they land freight, or sell or land for sale portions of their cargo.

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 29, 1847. GENTLEMEN: Your communication of the 23d October is before me. I cannot, with the information with which I am at present possessed, recognise you as the legal purchasers of the mission of Santa Ynez.

The authority given by the departmental assembly of April 3, 1846, to sell the missions, expressly required that they should be sold at public auction, the customary notice being previously given. This was not done: the mission was not sold at public auction, but, on the contrary, you yourselves say that you entered into a contract with the government by which you became the purchasers; and if you became the purchasers on the 15th of June, 1846, how is it that you continued to pay rent during all that year, and part of 1847? For this and other reasons, I declare there has been no legal sale, and the obligations under which you stood previous to the 15th of June, 1846, as the renters of said mission, to be in full force and effect. You will, therefore, without delay, pay up the amount due according to the terms of the contract by which you became the renters of the mission of Santa Ynez, a copy of which contract you will send to this office, as also copies of the receipts for the amount of rent paid since the 1st of January, 1846.

You sent a statement of the amount paid, but I wish a copy of the receipt given by the padre Jurieno.

I am, respectfully, your obedient servant,

JOSE M. COVARUBIA,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

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HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, California, November 29, 1847.

VERY REVEREND SIR: I have the honor to acknowledge the receipt of your letter of the 18th instant. The absence of Lieutenant Halleck, the secretary of the Territory, to Mazatlan, has been the reason why the subject to which your letter refers has not been brought to a conclusion at

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