California and New Mexico

the division respecting my duties as civil governor of California, I must nevertheless be permitted to decide upon the measures of my own govern... ment; for as no military officer can be held accountable for my civil acts, so no such officer can exercise any control whatever over those acts. Very respectfully, your obedient servant,

Brevet Brig. Gen. U. S. Army, and Governor of California.

Brevet Lieutenant Colonel J. HOOKER,

Com'g Department, Ass't Adj. General Pacific Division.

EXECUTIVE DEPARTMENT OF CALIFORNIA,
Monterey, October 1, 1849.

GENERAL: Enclosed herewith are copies of all civil papers issued since the date of my last civil despatch.

The convention called by my proclamation of June 3 assembled at this place on the 1st ultimo, and has nearly completed its labors in forming a constitution to be submitted to the people for their ratification. It has been determined by the unanimous vote of this convention (at least I am so informed) that the new government organized under this constitution,. should it be ratified by the people, shall go into operation as soon as may be convenient after such ratification, and without waiting for the approval of Congress and the admission of California into the Union. I have strong doubts of the legality of such a course, under the decision of the Supreme Court of the United States; but if it should be the wish of the people of California to put the new government into operation without awaiting the action of Congress, I shall deem it my duty, under the circumstances, to surrender my civil powers into the hands of the new executive, unless special orders to the contrary are received from Washington. In my civil despatch of August 30 I explained the character of the "civil funds" now in my hands, and the use which would be made of them in defraying the expenses of the existing government; and I now ask for instructions as to the disposition to be made of such portions of these funds as may be left when this government shall be superseded by that organized by the constitution now forming by this convention. Many have expressed the opinion that these funds should be turned over to the new government to enable it to go immediately into successful operation. However strongly of the opinion that this money belongs, in justice, to the people of California, I nevertheless shall not deem myself authorized to turn over this money till instructed to do so by direct orders from Washington. I hope that the views of the government touching this matter may be sent to me without delay.

I send herewith a copy of a report of Brevet Captain Wescott respecting the missions of San José and Santa Clara. The temporary arrangement made for the care and management of this property, will be seen in the copies of civil papers transmitted with this despatch. Very respectfully, your obedient servant,

B. RILEY,

Brevet Brig. Gen. U. S. Army, commanding Department,
and Acting Governor of California.

Major General R. JONES,

Adjutant General Ú. S. Army, Washington, D. C.

STATE DEPARTMENT OF CALIFORNIA,
Monterey, August 30, 1849.

MAJOR: In compliance with the directions of Governor Riley, I encloseherewith, for your information, a copy of his letter of this date to Brevet Lieutenant Colonel Hooker respecting the "civil fund" of California. Very respectfully, your obedient servant,

Major R. ALLEN,

H. W. HALLECK,

Brevet Captain, and Secretary of State.

Civil Treasurer, Benicia, California.

STATE DEPARTMENT OF CALIFORNIA,
Monterey, August 30, 1849.

SIR: I am directed by the governor to acknowledge the receipt of your letter of the 27th instant, and to inform you, in reply, that the resolutions of the ayuntamiento which you communicated are fully approved. This approval, however, will not be construed as yielding to the town any rights or titles which the government of California or the United States may possess to lands within the limits of the proposed survey.

The governor would respectfully call the attention of the ayuntamiento to the law requiring that the communications of the subordinate authorities of the district pass through the hands of the prefect. Very respectfully, your obedient servant,

Don IGNACIO ESQUER,

H. W. HALLECK, Brevet Captain, and Secretary of State.

Alcalde, &c., Monterey, California.

Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission Pacificus Ord judge or minister of the superior tribunal of California, to date from the first day of August, 1849.

Given under my hand and seal at Monterey, California, this thirtieth day of August, in the year of our Lord eighteen hundred and forty-nine. B. RILEY,

Brevet Brigadier General U. S. A., Governor of California.

Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission Ignacio Esquer judge of first instance of the district of Monterey, to date from the first day of August, 1849.

Given under my hand and seal at Monterey, California, this thirtieth day of August, in the year of our Lord eighteen hundred and forty-nine.

Brevet Brigadier General U. S. A., Governor of California.

Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and constitute Henry M. Naglee captain in the first California Guards.

Given under my hand and seal at Monterey, California, this Sth day of September, in the year of our Lord eighteen hundred and forty-nine.