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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 230 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,

R. B. MASON, Colonel 1st Dragoons, Governor of California. Jose M. COVARUBIA, J. CARRILLO,

Santa Ynez.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, November 29, 1847. VERY REVEREND Sır: 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 an earlier date. I will take up the subject and write to the renters of Santa Ynez by the same mail which will convey to you and will inform. your reverence of the result of the matter. I am, with high respect, your obedient servant,

R. B. MASON, Colonel 1st Dragoons, Governor of California. Very Rev. Friar JOSE MARIA DE Jesus GONZALES,

Governor of the Bishopric of California, Santa Barbara.

PROCLAMATION.

From and after the first day of January, eighteen hundred and fortyeight, if any person shall sell, exchange, give, barter, or dispose of, or in Any way connive at selling, exchanging, giving, bartering, or disposing of any spirituous liquor or wine to an Indian, such person shall, upon conviction before an alcalde, forfeit and pay the sum of not less than fifty nor more than one hundred dollars,

and be imprisoned for not less than three nor more than six months. One half of all fines recovered under this proclamation shall go to the benefit of the informer, and the other half to the benefit of the town or jurisdiction where the prisoner may be confined.; and in all prosecutions arising under this proclamation, indians. shall be competent witnesses.

Done at Monterey, the capital of California, this twenty-ninth day of November, eighteen hundred and forty-seven, and of the seventy-second of the independence of the United States.

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

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 1, 1847. Sir: The record, papers, &c., of the case of Garner V. S. Farnham, I request you will to-day put under a seal, and hand them to Mr. Colton, the alcalde of this town, that he may send them to the alcalde at San Luis Obispo, by the mail which closes to-night, and which will leave here early to-morrow morning. 'I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California. Mr. J. Ricord, Monterey.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, Noveinber 30, 1847. SIR: Your letter of the 22d instant is before me.

The Indians you. speak of as belonging to the mission of San Miguel, if belonging in

fact to that mission, can be put in possession of the land that was granted to them by Micheltorena in 1844. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California. JOSE MARIANO BONILLA,

Alcalde, San Luis Obispo.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 1, 1847. Sir: I am in the receipt of a letter, dated 14th November, from Mr. J. J: Warner, complaining of the Indians committing depredations on his stock, &c.; also, a letter from Colonel Stevenson, of the 16th November, enclosing a communication from Mr. Warner, and papers, concerning his claim to the land on which the Indians reside, &c., &c.

Things must remain as at present until the time arrives when the proper tribunals, to be established in the country, shall set at rest all these disputed land questions. In the interim, however, you will, after consulting with Mr. Warner, establish regulations among the Indians of whom Mr. Warner speaks, for their better government, and for the protection of Mr. W.'s property-letting the chiefs know that, if they desire the friendship and protection of the American government, they must not only abstain from committing depredations upon the property of Mr. Warner and all other citizens of California, but they must endeavor, as far as practicable, to prevent other Indians from committing the same. It will be well to establish some kind of police among the Indians, by making them appoint alcaldes, from among themselves, for their own better government, and for preventing offences against the peace and good order of the neighborhood, &c., &c.

I deem it important, as a military measure, to sustain Mr. Warner in that position, and to keep up a good understanding with these Indians; and I therefore desire that you use every effort to conciliate them, and get them, as far as practicable, to gain a comfortable subsistence by cultivating the soil, and to abandon their depredatory habits. In your intercourse with them assure them that it is the wish of the United States to take all the red people by the hand, and treat them as friends, &c., &c.; but if they continue to destroy the stock of the people of the country, we shall treat them as enemies. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California. Captain J. D. HUNTER,

Sub-Indian Agent, San Luis Rey.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 3, 1847. SIR: I have to acknowledge the receipt of your communication of the 2d instant, and, in reply thereto, to state that there are no courts as yet established in California, other than the alcalde's court. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California. Dr. WM. H. McKEE, Monterey.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 3, 1847. Sir: From the conversations had with you since my first note of this morning, it appears that I did not fully comprehend the scope of the object of your letter of the 2d instant.

I do not think that I can with propriety appoint a special court in the case you ask for. From the application of such courts from other parts of the Territory, I am of the opinion that the precedent I have set of making such appointments is not a good one, and will not be resorted to in future, except in some extraordinary cases. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California. Dr. W. H. McKee, Monterey.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 3, 1847. Sir: Your communication of the 28th instant is before me. The distance of Major Hardie's station from the town of San Francisco renders it impracticable for him to attend in person to the collection of the customs; the whole duty, therefore, necessarily devolves upon you, and therefore I do not deem it necessary for him to countersign the monthly statement of collections.

This should be explained to the authorities at Washington when you forward your accounts. I do not deem it necessary, for the reason which you assign, to make the weekly statements of revenue received. I do not do it here.

The change you suggest in the form of the quarterly return of vessels, &c., is approved. I am, respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California. Captain J. L. FOLSOM, Assistant Quartermaster U. S. Army,

San Francisco. P.S. The monthly statements of revenue collected intended for the Secretary of War you will send through these headquarters.

R. B. M.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 14, 1847. Sir: I have to acknowledge the receipt of your letter of the 220 November, enclosing a petition signed by yourself, two citizens, and a soldier, asking for a special court to quiet land titles in the town of San Francisco, and referring to a commission appointed last summer that sat in Sonoma, as a precedent. The circumstances that caused that commission to be appointed are not at all parallel with those presented in your petition, and I find even that precedent not a good one. Any court or commission that might be appointed to quiet a land title, their verdict or opinion could only be of temporary character-it could not forever set at rest the title, and, when the proper law courts are established in the country after it becomes finally surrendered to and forms a part of the United States territory, would open anew all such decisions, and so far from special courts quieting titles and stopping litigation, they would only engender more. It is better, upon the whole, not to stir land titles by the appointment of special courts, until they can be finally quieted by the competent courts having the proper power and jurisdiction.

It would not be proper to appoint another body to continue the investigation of the charges against Mr. Hyde. The gentlemen who have that business in hand are fresh from the people, and were elected by them with a special view to town affairs; and were I to take the matter out of their hands and place it in others, it would be establishing a very unsafe precedent, and would be an assumption of power that I could not sustain myself in exercising, for it would effectưally defeat the election of the people, and I might as well be justified in appointing a special commission to repeal or pass some town ordinance which the people's representatives had declined doing. I am, very respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California. C.E. PICKETT,

San Francisco.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 6, 1847. SIR: Your communication of the 12th instant has been received.. I have no authority to rent or sell land in California. Respectfully, &c.,

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

San Francisco.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

Monterey, California, December 6, 1847. Sır: Julian Urgua does not wish to accept the appointment of alcalde. I will, as I informed you at the time you were in Monterey, appoint any

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