HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 5, 1817. SIR: I have received your communication of the 3d instant, together with its enclosures, as also the two lists of the day previous, showing the result of the two elections for the town council for the Pueblo de San José. The object and intention of our election was to choose six persons to aid the alcalde in the government of the town, and the town only. They were to make such laws, regulations, &c., for the town, as might be deemed necessary to secure a good police, suppress vice, and afford a proper protection to persons and property within the limits of the town; consequently, no person was eligible to be elected a town councilman unless he was an actual resident of the town, and no one was entitled to vote for a town councilman unless he was also an actual resident of the town. The second election was unauthorized, as there could be but one election under the authority given. The first election must therefore stand good; but should there be one or more persons elected who are not actual and bona fide residents of the town, they cannot serve as town councilmen, and their places must be supplied by holding a new election. Independent of the second election being held without the proper warrant; it is observed that several of the judges of the election are returned as members elect. This is altogether unusual; no one can be both a candidate and a judge of the election at the same time. Your letter of the 29th of October has been referred to the alcalde, Mr. Colton. The subject-matter must be arranged between you, as it is an affair that I do not think I should interfere with. I am, respectfully, your obedient servant, JAMES W. WEEKS, R. B. MASON, Colonel 1st Dragoons, Governor of California. Alcalde, Pueblo de San José. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 8, 1847. SIR: I have received your communication of the 28th instant. I fully concur with you in the views therein expressed. I have spoken to Mr. Green (indeed he read your letter) on the subject of the schooner Mary Ann's clearance. He states that the list of goods he signed were put on board her, and that those goods had paid the duties. I wish you to collect all the evidence you can touching Richardson's delinquencies, as I intend, so soon as proper courts are established, to put his bonds in suit. In the mean time his salary must be withheld, even though he does settle such accounts as the books may show. Find out from Captain Davis and others what amount of duties they have paid. I understand from Mr. Larkin, that Davis has paid in the last year something like $5,000 duties to Richardson. I enclosed you some papers yesterday received from Mr. Leidsdorff concerning the goods you seized. You are on the spot, and must necessarily know better than I can from ex parte affidavits and statements all the circumstances of the case. Mr. Leidsdorff says that he was ignorant of the existence of the police regulations for the harbors, &c., as you will see by his letter of the 1st instant. The regulations were signed by the commodore and myself on the 15th of September, and sent off by the first opportunity to the collectors at San Francisco and other ports, and must have arrived in San Francisco on the 19th of that month, and were as well known there at the time the goods were seized as they were in the other ports, and just as well as were the regulations for the increase of duties from 15 to 20 per cent., signed by Commodore Shubrick, issued and sent to the collectors at the same time with the police regulations. In no other way have the instructions or regulations heretofore been published other than by sending them to the collectors of the different ports. I do not deem it necessary to give any additional instructions touching the case, unless you should have something to communicate after having read the papers herewith enclosed from Mr. Leidsdorff. Please say to Mr. Leidsdorff, that being much pressed with business at present, I have not time to answer his letter of the first instant, and therefore desire that you will show him so much of this as concerns him. The brig Elizabeth arrived here yesterday from San Francisco. I observe some informality in her papers from the custom-house. You did not endorse on the manifest of her outward cargo, in addition to the certificate that the manifest had been deposited with the United States authorities, that she had "permission" to sail for her port of desti nation, according to "form 8." Again, on her manifest, there purports to be from I to 55 boxes, marked M, containing goods as per certificate. Enclosed is a copy of one of these certificates or bills. It does not show to whom the goods belong, nor does it give the mark or number of the box which contains them, so that we do not know in which of the 55 boxes to look for the articles. The certificate or bill should have contained the name of the owner or consignee, and given the mark and number of the box. Make the shipper give the name of the consignee, and number and marks of boxes, in future, on such bills and certificates. I have received the printed copies of the extracts from the "police regu lations" for the harbors, &c. By reference to the instructions for printing, you will observe that it was my intention to have these "police reg. ulations" and the extracts from the printed instructions from Washington form a little pamphlet, all under the head of "extracts from the regula tions for collecting the tariff of duties on imports and tonnage, &c., and not to have them separate. However, it is too late now to remedy it. Please have the forms and the other extracts from the regulations from Washington sent down as soon as possible. I am, respectfully, your obedient servant, Capt. J. L. FOLSOM, R. B. MASON, Colonel 1st Dragoons, Governor of California. Assistant Quartermaster U. S. A., San Francisco. HEADQUARTERS TENTH MILITARY DEPARTMENT, SIR: I have received your communication, without date, relative to the ship "Confederacion" and her cargo. Beef, pork, bread, flour, butter, cheese, sugar, and rice, were admitted into the ports of California free of duty between the 1st of March and the 1st September last. Any of these articles not entered at the custom-house, and landed prior to the latter date, must pay duties, though the ship may have arrived on the coast or in port before that latter date. All goods, merchandise, &c., not entered at a custom-house, and landed before the 15th of October ultimo, must pay the 20 per cent. duties. Ships or vessels under foreign flags can go from port to port in California to sell the imported cargo, and take in cargo for exportation, but cannot carry freight or cargo from one port in California to another port in California, to be there sold, landed, or reshipped. I am, respectfully, your obedient servant, RICHARD CARSON, R. B. MASON, Colonel 1st Dragoons, Governor of California. Supercargo Chilian ship Confederacion. HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 10, 1847. SIR: I send here with a copy of my letter of this date to Richard Carson, the supercargo of the Chilian ship Confederacion, for your information and guidance; also, a copy of correspondence between the Secretary of the Treasury and E. D. Brigham & Co., of Boston; H. S. Wetmore, of New York; and Marcus Morton, the collector of Boston; brought here by the barque Amita, under the official seal of the Boston custom-house. This correspondence contains some useful information. Take a copy of it and then return it to me. I am, respectfully, your obedient servant, R. B. MASON, Colonel 1st Dragoons, Governor of California. Capt. J. L. FOLSOM, HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 11, 1847. GENTLEMEN: I have the honor to acknowledge the receipt of your communication of the 30th of October, remitting the record of the trial of Armijo, Smith, and Eatson, recently tried at Sonoma by a special court upon the charge of murder; as also an account of fees, charges, &c., consequent upon the trial. I regret that I cannot fully approve of the account of fees, &c. I really think them exorbitantly high, and know that the account, as it stands, would be rejected at the treasury, and charged to the disbursing officer, or rather to myself, if I were to order its payment, as it is now presented, it being so far beyond any charges of the kind allowed in the United States. I have access only to the laws of the States of Missouri and Texas, in each of which, jurors are allowed one dollar per day for each day's attendance; in this case I am willing to double that, and make it two dollars per day. In Missouri, a juror is al lowed a mileage of five cents; in Texas, I cannot find that any mileage is allowed. In the former State, a sheriff is allowed for summoning a grand jury $4, a petit jury 50 cents, &c., and no mileage unless for taking a convict to the penitentiary, or removing a prisoner out of his county. I know that these fees are not in accordance with California prices, and only mention them to show the very great disparity. There was a jury of twelve empannelled in this place not long since; they were allowed a per diem for each day's attendance of $2. The fees and charges in these trials will be looked to in future as precedents; and if paid as now presented, similar fees would be expected in all future causes. Such charges would be ruinous to litigating parties, and when regular courts are established, and the country divided into counties, their treasuries could not meet such demands-one or two trials would exhaust them. I must, therefore, be careful that I do not establish a ruinous precedent. After consulting several persons here who have been long in the country, I have, in relation to the trials at Sonoma, established the fees, &c., as you will find on the next page, which will be paid by Captain Folsom, assistant quartermaster, at San Francisco. The distance charged for mileage must be substantiated by the oath of the claimant taken before either of the special judges or an alcalde-the per diem by the certificate of either of the judges or the clerk of the court. No allowance can be made in the way of fees to Captain Brackett, because the United States are entitled to the services of all their officers in California, in a civil as well as a military capacity, without any other pay than that arising from their military commissions. I cannot order Mr. Green's charge of $200 as attorney for the government" to be paid. I did not appoint Mr. Green a prosecuting attorney to attend the court at Sutter's; and if I had, his charge is exorbitant, and the record shows that he did not appear in court. I quote from the record of the 31st of August-the first and only day's proceedings at Sutter's-which says, "there being no prosecutor present, and it being thought necessary to allow time for summoning the witnesses and jury, it was therefore ordered that the sheriff," &c. The court then adjourned to the 18th of October. Fecs allowed in the trials at Sutter's and Sonoma. Mileage... CLERK. .$0 08 Per diem for each day attending court and making up record...... 2 50 JUDGES. Per diem for each day's attendance and travel to and from court-a day's travel 30 miles..... 8. 00 HEADQUARTERS TENTH MILITARY DEPARTMENT, Monterey, California, November 11, 1847. SIR: I enclose you the bill of fees, charges, &c., accruing upon the late trials by a special court at Sonoma, in the murder cases recently tried there. I cannot think of ordering the payment of these exorbitant demands. After consulting with several persons here, who have been long in the country, I have determined to authorize the following fees, &c. to be paid by you out of the civil fund arising from the customs, viz: Per diem for each day's attendance in court and making up record 2 50 Mileage... JUDGES. Per diem for each day's attendance, and travel to and from court-a day's travel 30 miles.... 8 8 00 The distance charged for mileage must be substantiated by the oath of the claimant, taken before either of the special judges or an alcalde—the per diem by the certificate of either of the judges or clerk of the court. |
