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you may have in possession collected from custom house duties. His receipt will be your voucher for the same. Very respectfully,
S. W. KEARNY,
Brigadier General, and Governor of California. Mr. W. A. RICHARDSON,
Collector, San Francisco.
Monterey, California, March 29, 1847. Sir: I have received yours of the 4th instant, calling my attention to a case before you, the civil magistrate of Sonoma, as follows, viz: “The Catholic church, plaintiff, rs. Colonel Victor Purden, defendant, for holding possession of a house belonging to the priest.” That on the trial of the cause it appeared to you by documentary proof that the house in dis. pute belonged to the church; that judgnient was rendered by you against defendant to give possession to the church, and damages awarded of $420 ; that you have issued a writ of restitution, requiring the sheriff to remove the defendant, and have arrested proceedings for forty days, and you now ask me, for instructions in the case ; that you have the procla. mation of the governor of California, dated in 1845, that the house in dispute) should be reserved for the use of the priest, and the supreme prefect's decree to the same effect; and that the defendant relies alone on a title derived from General José Castro, June 9, 1846, which title you think, for reasons stated, General Castro had no right to give. With. holding my opinion of the right of General Castro to grant the house in dispute, and without intending to effect the right of the parties, (the priest and Colonel Purden)-for that must be left to the judicial tribunals yet to be established in the Territory- I have now to direct, from the premises stated by yourself, that, inasmuch as Colonel Purden is at this time in possession of the house by decree of General José Castro of June, 1846, he continue the possession of it; that the damages awarded against him be annulled; that you dismiss all further proceeding in the matter, without cost to said Purden. Very respectfully, your obedient servant,
S. W. KEARNY,
Brigadier General, and Governor of California. John H. Nash, Esq.,
Alcalde, f'c., Sonoma, California.
MONTEREY, CALIFORNIA, April 6, 1847. Sır: I have to acknowledge the receipt of yours of yesterday, enclosing a copy of two communications to you from the former governor, Don José Figueroa, each of June 24, 1845, being instructions to build a town in the valley of Sonoma, and to colonize the frontier on the northern side of the bay of San Francisco and Sacramento river, by granting lands to such persons as may wish to settle there, said grants to be confirmed by the territorial government upon proper application to it.
In relation to the subject above referred to I have only to remark, that, though the instructions to you from Don José Figueroa may no longer bé exercised, yet there is no doubt that whatever has been done under his instructions, and which he was authorized to give, will be fully recog. nised and confirmed by the government of the United States. With great respect, &c.,
S. W. KEARNY,
Brigadier General, and Governor of California. To Don MARIANO G. VALLEJO,
MONTEREY, CALIFORNIA, April 7, 1847. Sir: I enclose herewith an appointment for you of sub-agent for the Indians living on and near the Sacramento and San Joaquin rivers.
In sending this appointment I deem it necessary to remind you that those Indians have of late given great trouble to the frontier inhabitants in the upper part of California, by driving off horses and cattle and attacking small parties at the ranches and on the road. This conduct on the part of the Indians must cease. I am in hopes that, by good advice and prudent counsel which your perfect acquaintance with them will enable you to give, they will be induced to abstain from giving further cause of complaint against them. Should they not do so, they will most assuredly be punished by an armed force, which I will send among them, and which I wish you to inform them of.
I wish you to explain to the Indians the change in the administration of public affairs in this Territory; that they must now look to the President of the United States as their great father; that he takes good care of his good children; that the officers now here are acting under his orders and instructions; that the Americans and Californians are now one people, and any offences which they may commit against the latter will be punished in the same way as if committed against the former.
I will endeavor to obtain and furnish you with a quantity of Indian goods, to be given as presents to such chiefs and bands as may conduct themselves peaceably and honestly. You can tell the Indians of this.
You will please report, from time to time, to me or the future governor of the Territory, any occurrence which you may deem worthy of'attention, and offer such suggestions relating to the Indians and Indian affairs as you may think proper.
Your salary will be $750 per year.
You will please not to expend any public money or contract any debt against the United States or Territory of California, under virtue of your appointment of Indian sub-agent.
Brigadier General, and Governor of California Captain John A. SUTTER,
Indian Sub-agent, New Helvetia.
Know all men by these presents, that I, S. W. Kearny, brigadier general United States army and governor of California, by virtue of authority in me vested, do hereby appoint John A. Sutter sub-agent for the Indians on and near the Sacramento and San Joaquin rivers. Given at Monterey, capital of California, this 7th day of April, 1847.
s. W. KEARNY, Brigadier General, and Governor of California.
Know all men by these presents, that Lilburn W. Boggs is hereby appointed alcalde of the district of Sonoma, vice John H. Nash, esq. Given at Monterey, capital of California, this 10th of April, 1827.
S. W. KEARNY,
MONTEREY, California, April 10, 1847. Sir: I have received yours of the 31st March, in which you state that one James Stokes, of the pueblo de San José, has lately caused notice to be given to Juan Sepulocda and Anselmo Garcia to leave the premises they occupy forth with, the said Stokes claiming the property as his own. You further state that the said Stokes entered a suit in your office, on the 15th January last, against the above-named persons for forcibly holding possession of his property; that they were cited and appeared before you with their witnesses; that Stokes had a jury of six men of his own choice, who, after hearing testimony, decided that the persons in posses. sion of the property had all the rights and interests in said land; and you now wish me to settle the question.
In reply to the above, it is only necessary for me to say, that this case having once been decided in your court, cannot again be brought up before it; and if Mr. Stokes is not satisfied with that decision, he must wait until higher judicial tribunals are established in the country to which he may make an appeal. Very respectfully, &c.,
S. W. KEARNY,
Brigadier General, and Governor of California. John BURTON, Esq.,
Alcalde, foc., Pueblo de San José.
April 11, 1847. Sir: I have received your communication of this date, enclosing a copy of a license to the brig Preniavera, under Mexican colors, “ to trade on any portion of the coast of California, on terms and with the same immunities as merchant vessels of the United States," granted on the 9th of March, by Lieutenant Colonel Frémont, United States army, who signs himself
. “ Governor of California.” In reference to the license I have only to remark, that I claim for myself, as governor of California by virtue of instructions from the President of the United States, no such power as is attempted to be exercised by Lieutenant Colonel Frémont, the President having assigned “to the commander-in-chief of the naval forces the regulation of the import trade, and the conditions on which vessels of all nations, our own as well as foreign, may be admitted into the ports of the Territory.”
Lieutenant Colonel Frémont has no authority for considering himself governor of California, and attempting to perform the duties of that office, except what he may have derived from Commodore R. F. Stockton, of the navy; and he well knows that the President of the United States has assigned that duty to myself, having been officially informed of that fact by a circular of March ist, signed by Commodore Shubrick and myself, before your arrival here, (a copy of which was sent to him,) and by letter from Commodore Shubrick, of February 3d, a copy of which is enclosed herewith. Very respectfully, &c.,
'S. W. KEARNY, Brigadier General, and Governor of California. Com. JAMES BIDDLE,
U. S. Navy, com'g Pacific squadron.
Know all men by these presents, that I, Brigadier General 'S. W. Kearny, United States army, and governor of California, by virtue of authority in me vested, do hereby appoint Don Manuel G. Vallejo sub-agent for the Indians on the north side of the bay of San Francisco, including those on Cash creek and the lakes. Given at Monterey, capital of California, this 14th day of April, 1847.
S. W. KEARNY, Brigadier General, and Governor of California.
MONTEREY, CALIFORNIA, April 14, 1847. Sir: I enclose herewith an appointment for you of sub-agent for the Indians on the north side of the bay of San Francisco, including those on Cash creek and on the lakes.
In offering this appointment to you, it may be proper for me to remind you that the Indians have lately assumed a threatening attitude, and given some alarm to the inhabitants, not only near Sonoma, but to those north and east of it. I am in hopes that by good advice and prudent counsel, and the well known influence which you possess over these Indians, they may be induced by you to remain quiet and refrain from committing any further acts of depredation or hostility upon the people or their property. Should they not do so, they will most assuredly be punished by an armed force sent among them, and which you will please inform them of.
Will you explain to the Indians and to their chiefs the change which has taken place in the government of this country; that they must now look upon the Californians and the Americans as one people, and any offences they may commit upon the one will be punished in the same manner as if committed upon the other.
I will endeavor to obtain and furnish you with a quantity of Indian goods, to be given as presents to such chiefs and bands as may conduct themselves peaceably and quietly.
You will please report to me, from time to time, any occurrence which you may deem worthy of notice, and offer such suggestions relative to the Indians and Indian affairs as may appear expedient to you.
Your salary will be $750 per year.
S. W. KEARNY, Brigadier General, and Governor of California. Don MARIANO G. VALLEJO,
Indian Sub-agent, Monterey.
MONTEREY, CAIFORNIA, April 16, 1847. Sir: I learn that you have under your charge a number of horses, mares, cattle, and other public property appertaining to the mission of San Rafael. I wish you to send as early as possible an inventory of the same to Captain Folsom, assistant quartermaster at San Francisco, and comply with his instructions relating thereto. Very respectfully, &c.,
S. W. KEARNY, Brigadier General, and Governor of California. Mr. TIMOTHY MURPHY,
San Rafael, California.
MONTEREY, CALIFORNIA, April 19, 1847. SIR: Your letter of the 16th was delivered to me by Mr. Wm. S. Clarke, of the town of San Francisco, who at the same time laid before me his application or petition of February 1, 1847, to the alcalde of the district of San Francisco, for the privilege to build a public wharf in front of the city or town, ending as follows:
“ Third. That your petitioner shall have possession given of the fractional lot of the northeast corner of Broadway and Battery streets, of 50 varas fronting on said Battery street, with the privilege of extending the same so far as the said whạrf may or shall be completed; your petitioner reserving the right, in preference to all others, to obtain a grant of said lot to him and his heirs forever, from the proper authorities when constituted.”
Mr. Clarke also laid before me a deed of possession, granted to him on the same date, (February 1,) by “ Washington A. Bartlett, chief magis. trate," " of the land, lot, or place asked for as described in his petition and this instrument, and with the conditions thereof.” I presume copies of both these papers are on file in your office.
Having on the 10th of March, 1847, given up to the town of San Francisco all claim on the part of the United States and Territory of California to the beach and water lots within certain described limits, which I believe include the lot referred to in the petition and deed of possession,