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Walter Collon judge of the court of admiralty in and for the Territory of
Brigadier General, and Governor of California.
MONTEREY, CALIFORNIA, March 26, 1847. Sır: It has been represented to me that Antonio Hernano, a resident in the district of San Juan, has been summoned to appear before you, the alcalde, to answer to a complaint of ene Gabriel Castro, in which he claims from the former the sum of five hundred dollars or thereabouts, said to be due by his winning that amount at a horse race. It has further been represented to me, that the aforesaid claim was instituted three or four years since, before the then existing authorities, and that it was, according to
laws and customis then existing, decided by the authorities adverse to the claimant. Assuming the above representations to be true, I have now to direct that you dismiss the said suit, claim, or demand of Gabriel Cas tro against Antonio Hernano, and without costs to said Hernano.
I have further to direct that you will not entertain any suit before your court which has been decided by the former courts of the country.
Very respectfully, your obedient servant,
Brigadier General, and Governor of California JOHN BARTON, Esq.,
Alcalde, &c., Puebla de San José.
HEADQUARTERS TENTU MILITARY DEPARTMENT,
Monterey, California, March 27, 1847. Sır: You will proceed to the southern military district of this Territory, and inspect the troops in that quarter. You are hereby clothed with full authority to give such orders and instructions in that country upon all matters whatever, both civil and military, as in your judgment you may think most conducive to the public interest. You will then return to this place. I am, respectfully, your obedient servant,
S. W. KEARNY.
Brigadier General, and Governor of California. Celonel R. B. M150ri,
1st regiment Dragoos.
MONTEREY, CALIFORNIA, March 293, 1547. Sır: You will please pay over to Captain J. L. Folsom, assistant quar. termaster United States army stationed at San Francisco, such money as you may have in possession collected from custom house duties. His recejpt will be your voucher for the same. Very respectfully,
S. 'V. KEARNY,
Brigadier General, and Governor of California. Mr. W. A. RICHARDSON,
Collector, Sm Francisco.
MONTEREY, Califorsia, 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, vs. 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 judgment 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 proclamation 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)—tor 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 disiniss 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, foc., 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 4 bay of San Francisco and Sacramento river, by granting lands to such persons as may wish to settle there, said granis 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 be 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 Presi. dent 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 pun. ished 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.
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,
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, 1847.
S. W. KEARNÝ,
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 possession 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 sessels 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 af 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 my. self, 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, 1947.
S. W. KEARNY, Brigadier General, and Governor of California,
MONTEREY, CALIFORNIA, April 14, 1547. Sır: 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 yod will please inform them of.
Will you explain to the Indians and 10 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 us one people, and any