till the general government shall see fit to assume control over it. The rents of these missions are paid into the "civil fund," and expended as directed by the laws of California; but the leases are so conditioned as to cease whenever the agents of the United States shall be authorized to take possession of this property in the name of the general government. The authorities at Washington have been informed of this course; and as no dissent has ever been expressed, it is presumed it meets their approbation. I beg leave to remark, in conclusion, that while I shall always be most happy to receive the advice and suggestions of the commanding general of the division respecting my duties as civil governor of California, I must nevertheless be permitted to decide upon the measures of my own government; 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, B. RILEY, Brevet Brig. Gen. U. S. Army, and Governor of California. Brevet Lieutenant Colonel J. Hooker, EXECUTIVE DEPARTMENT OF CALIFORNIA, GENTLEMEN: I have the honor to acknowledge the receipt of yours of the 17th, asking for information respecting the mode of making out the accounts of the affairs of the convention. Such accounts should in all cases be certified by the president of the convention as just and true, and authorised by the convention; then, on receiving my written approval, they will be paid by the civil treasurer, or his agents. Captain Kane will furnish you with blank form of accounts. Very respectfully, your obedient servant, B. RILEY, Brevet Brigadier General United States Army, and Governor of California. Messrs. E. O. Crosby, J. P. Walker, E. Brown, T. O. Larkin, J. Aram, Committee &c., STATE DEPARTMENT OF CALIFORNIA, MAJOR : 1 send you herewith a copy of the governor's proclamation of to-day, and of the constitution just formed by the convention. They will be printed together, in pamphlet form, for general circulation among the people. No effort should be spared to have them printed and circulated with the least possible delay. I enclose you a copy of proposals for printing by the proprietors of "Alta Californian;" but, if you can get it done with equal expedition and at less expense by any other press, you will do so. These proposals were made with the understanding that the constitution would be printed in the two languages in parallel columns; but it was afterwards determined to print them separately, viz : 8,000 copies in the English and 2,000 in the Spanish language. You may therefore be able to expedite the printing by contracting with separate presses for the printing, that is, with one for the English and the other for the Spanish. Mr. Tefft has been employed by Captain Kane to take this to San Francisco, and to assist you in superintending the printing. As soon as the work is completed, you will deliver to him the copies intended for the districts south of San Jose, including that district. In distributing the printed copies of the Constitution, you will be guided by the ratio of representation as fixed in the schedule; but in dividing the Spanish and English copies, a larger proportion of the latter should be sent to the northern districts, and most of the former to the south. Extra copies should be retained, on the first distribution, at San Francisco, to be sent south by the steamer, and north by other conveyances, so as to provide for the contingency of the loss of any of those first sent out. Every care should be taken to make the distribution as general as possible, previous to the time of hold the first election. The Spanish translation will leave here on the 14th by express. accordingly for the printing. I will write you again by the express. Very respectfully, your obedient servant, You can make your contract H. W. HALLECK, Brevet Captain, and Secretary of State. Major R. Allen, Civil Treasurer, San Francisco, California. EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, October 31, 1849. GENERAL; The convention which assembled at this place on the 1st of September has completed its labors, and the constitution formed by that body was submitted on the 12th instant to the people for their approval, and I have no doubt of its being ratified by the almost unanimous vote of the qualified electors of this country. A printed copy of this constitution is enclosed herewith. You will see by examining the schedule that it is contemplated to put the new government into operation on or soon after the 15th day of December next; and I shall then surrender my civil: powers to whosoever may be designated under the constitution as the executive of the new State, Whatever may be the legal objections to putting into operation a State Government previous to its being acknowledged or approved by Congress, these objections must yield to the obvious necessities of the case; for the powers of the existing government are too limited, and its organization too imperfect, to provide for the wants of a country so peculiarly situated, and of a population which is augmenting with such unprecedented rapidity. I have deemed it my duty to pay from the "civil fund " the current expenses of the convention, and also the salaries of officers as authorised by that body. In the absence of any legislative assembly, I have regarded this convention as representing the wishes of the people of California in the matter of public expenditures. It is true that the salaries and payments authorised by the convention were high, and by some may be considered extravagant; but in deciding upon their justice, we must take into consideration the peculiar state of the country, and the high prices paid here for every thing, even including the necessaries of life. It, however, will continue to be my aim, as it has been heretofore, to keep the expenditures from the "civil funds" within the limits of the strictest economy; nevertheless, the expenses of a civil government in this country are now, and will be for years to come, very large. The whole country remains remarkable quiet, and the civil officers encounter no serious difficulties in enforcing the laws. It is therefore hoped and believed that the powers of the existing government will be found sufficiently ample to preserve the public tranquillity until it shall be replaced by a more perfect organization under the constitution. For my views with respect to the proper disposition to be made of the mineral and agricultural lands in this country, with respect to the importance of immediately establishing a mint in California, and the use which should be made of the "civil funds" which have accrued from the customs collected here by the Governor of California previous to the assumption by the general government of the control of this matter, I would respectfully refer you to my former civil despatches. The attention which I have given to these subjects since writing those despatches has only tended to confirm the opinions there expressed. This despatch and the accompanying papers will be delivered to you by Mr. J. McHenry Hollingsworth, late lieutenant of the regiment of New York volunteers disbanded in this country. He has, in accordance with the instructions of the Secretary of War, been furnished by the quartermaster's department with transportation to the place of his enlistment. Mr. Hollingsworth has proved himself a faithful and trustworthy officer, and merits in every respect the confidence of the government. Very respectfully, your obedient servant, B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. Major General R. Jones, Adjutant General of the Army, Washington, D. C. EXECUTIVE DEPARTMENT OF CALIFORNIA, 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 Conrt 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 govern ment; 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 Jose 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 U. S. Army, Washington, D. C. THE MILITARY AND CIVIL GOVERNMENT. PROCLAMATION. To the People of California. A new Executive having been elected and installed into office, in accordance with the provisions of the Constitution of the State, the undersigned hereby resigns his powers as Governor of California. In thus dissolving his official connection with the people of this country, he would tender to them his heartfelt thanks for their many kind attentions, and for the uniform support which they have given to the measures of his administration. The principal object of all his wishes is now accomplished the people have a government of their own choice, and one which, under the favor of divine Providence, will secure their own prosperity and happiness, and the permanent welfare of the new State. Giyen at San Jose, California, this 20th day of December, A. D. 1849. B. RILEY, Brevet Brig. Gen. U. S. A., and Governor of California. By the Governor: H. W. HALLECK, HEADQUARTERS 10TH MILITARY DEPARTMENT, (Orders No. 41,), 1. The Brigadier General commanding the Department has this day relinquished the administration of civil affairs in California to the execution of the government organized under the provisions of the Constitution ratified by the people of California at the recent general election. 2. Brevet Captain H. W. Halleck, Corps of Engineers, is relieved from duty as Secretary of State: Ed. U. S. Canby, Ass't. Ad't. General. By order of GENERAL RILEY. CONTENTS. Proclamation of General Riley, dated June 3d, 1849. Journal of Proceedings, and Report of the Debates in the Convention of California. List of Delegates, including place of birth, former and present residence, age and profession. Constitution of California. Memorial of the U. S. Senators and Representatives elect from California. Digest of the Spanish Laws, supposed to be in existence in California at the time of the adoption of the State Constitution. Official Correspondence. |