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 opera tion 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 CALIFORNTA, 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 rity of civil prisoners, will soon render this restoration absolutely essential in order to carry on the government, especially as the transfer of the custom-houses to the regular collectors appointed by the general government will now cut off all further means of supplying the civil treasury. Entertaining these views of the correctness of the course which has been pursued by my predecessor and by myself respecting this “civil fund,” I was not a little surprised at the ground assumed in your communication, that the collectors in California "are agents of the military authority of the department," and that "disbursing officers [of the army] are allowed to draw on this deposite [the civil fund] for all expenses for which there are appropriations by law." No collectors in California now hold, or have ever held, any appointments, commissions, or authority from any military department; nor have they ever received any orders or instructions from such sources. All their powers have been derived from the Governor of California, and they have been subject to his orders only. No disbursing officer of the army or of the general government has ever been allowed to draw upon this "civil fund," except in character of civil agent, or as a loan to a military department. And I am both surprised and mortified to learn that, at this late hour, an attempt is to be made to remove this money from my control, and to place it at the disposition of officers who have had no responsibility in its collection, and who of right can exercise no authority over it. Under the peculiar situation of the country, with an immense floating population collected together from all parts of the world, I thought my position as Governor of California sufficiently embarrassing without having new obstacles placed in my way by any attempts to deprive me of the only means at my disposal for carrying on the government. If I mistake not, the opinion that the Governor of California has no control over the "civil fund" is of recent origin. I am told that the civil order of General Mason, as Governor of California, dated February 23, to the collector at San Francisco, was shown to General Smith on that day, and received his approbation; and that division orders No. 2, of the same date, were issued at the request of Governor Mason, for the purpose of showing the people of California that the course which had been adopted respecting the revenue on this coast accorded with the views of the general of the division. Moreover, that when informed that all the temporary collectors in California held their authority from the governor, the general expressed no wish or desire that the system should be changed. Granting that the military authorities here had a right to assume entire control of the revenue on this coast, although the President of the United States (if I mistake not) has clearly asserted that no such powers could be exercised by officers of the general government without the authority of Congress, it is nevertheless plain that no such power has ever been exercised. If such a course was intended by General Smith's orders of February 23, these instructions were never properly carried into execution; nor until the receipt of your letter had I any intimation that such a course was at all desired. The commanding general of the division was certainly aware that this whole revenue matter was managed by officers holding their authority from me as Governor of California, and that when money was wanted by the military departments, application was made to me to authorize the loan or temporary transfer from the "civil funds." If, however, it now be the General's wish to assume a military control of the collection of duties on imports into California, I will immediately discharge the collectors appointed by the Governors of California, and surrender the entire direction of the matter to such military department or military officers as he may direct. But for the money which has already been collected by the civil officers under my authority, I alone am responsible; and until further instructions from Washington, I shall continue to hold it, subject to my orders only, and to expend, as heretofore, such portions of it as may be required for the support of the existing civil government. No military officer or military department will be allowed to exercise any control over it. Let me not be understood as claiming for California any authority whatever over the duties on imports after that power was assumed and exercised by the general government. But I do say, that when the general government declined exercising that power, and voluntarily and knowingly permitted the proceeds of such duties to be devoted to the support of the existing civil government, it would be both unjust and ungenerous for military officers to attempt to embarrass the civil authorities by taking from them their only means of carrying on that government. I have but a few words to add respecting that part of your letter which refers to the relations of the civil government with Indian affairs and the public lands. General Kearney, some two years and a half ago, in virtue of his authority as Governor of California, appointed two sub-Indian agents, and immediately communicated these appointments to Washington. The general government was also informed that these agents were paid from the "civil fund," and would be retained in office until the arrival of agents appointed by the proper authority at Washington. No military officer has any control over these agents of the civil government, nor can they interfere in any way with the duties of the military officers. I have never claimed to exercise any authority as civil governor over lands properly belonging to the public domain; it, however, is a question still undecided, whether the missions of California belong to the general government, to the government of California, or to the church. The direction and preservation of this property have for many years been vested in the Governor of California, and this system will be continued 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 in formation 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 au thorised 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 lank 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 I send you herewith a copy of the governor's proclamation of to-day, and of the constiMonterey, October 12, 1849. tution 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. "Alta Californian;" but, if I enclose you a copy of proposals for printing by the proprietors of 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 tion 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 representacopies 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, Major R. Allen, Civil Treasurer, San Francisco, California. |