The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-11

more than one milton -four thousand dollars 81, ).
OO4 ,O00), loaned transferred to the military de-
partments of the general government, leaving in
his hands little over ttoo hundred and fifty thousand
dollars { S $50 ,000)
"Second. During what time, by whom, and by
what authority was it collected"
This ''civii fund.- was commenced in the early
part Of l947 and was formed and used in the man
ner pointed out in the early instructions from
Washington to the Governor Of California These
instructions were somewhat modified, as has al
ready been stated, by the Mexican military
contribution order" of l647. But Commodore
Shubrick and, Governor Mason assumed the re-
sponsibilty OF not enforcing these orders in Cali
fornia, and the collections made as military con
trbutons were added to this civil fund.- and ex-
pended IN the same manner as before. The duties
Collected after the reception OF the treaty of peace
were levied in accordance with the tariff of 1886
But the proceeds of the customs, up TO the month
OF November, 1S49, when the collector at San Fran
cisco, appointed by Governor Mason, was replaced
Dy Col. Collier, became part of this ''cvil
fund"1 The collectors of all the ports of Califor-
MA previous TO the arrival of COL Collier received
their commissions from the "Governor of Califor-
nia," and all the so-called 'civil fund" was col
lected and disbursed by the "Governor of Califor-
mia" and by those appointed by him in virtue of
his office.
Previous to the LIST of July, lS49 the accounts of
the several collectors and the moneys received by
them, were turned over to the Quartermasters Of
the nearest ports, who were made, by order of the
Governor, Receivers and Auditors of these GUS
toms On the LIST of July, lS49, Major X. Allen
was appointed by Governor Riley "Civil Treas
urer," and these "civil funds' were turned over
to him; and all disbursements, subsequently to
that date, were directed to be made by him, or in
his name, and by authority of the Governor"
The civil funds, thus turned over to Major Allen,
included not only the proceeds of the customs in
California, but also the rents of the missions.
II should be remembered in this place that, after
the reception Of the treaty of peace, the payment of
duties on foreign goods imported into California
was regarded as voluntary on the part Of the i'm
porters, it having been left optional with them to
proceed to some regular port of entry and there
enter their goods or to pay over the amount due to
the temporary collectors in California; and no
foreign goods were permitted TO be landed on the
coast OF California until the other of these
conditions were complied with. In every instance,
believe, the importers preferred paying the duties
here to the trouble and expense of entering their
goods in Oregon or in one of the Atlantic ports.
"Third. To whom or to what department did
the persons collecting report and account, and for
what general purposes was it disbursed? 7"
believe that in nearly every instance the per-
sons collecting this civil fund reported and ac-
counted, either direct to the Governor of Cali
fornia. through his Secretary Of State and the
same was done by the Quartermasters who acted as
Receivers and Auditors of this fund. All orders and
correspondence relating to its collection and dis
bursement were regarded as "civil" and are
corded in the archives of the civil government
Even the correspondence with the Secretary of
War this subject and the letters transmitting to
Washington the accounts and returns of the Col
ectors and Receivers of this money, from the be-
ginning of Governor Kearny's administration to
the Doth day of December, l849, when Governor
Riley surrendered his civil powers, recorded in
the civil letter books. AS has already been re-
marked, the disbursements from this fund have
been made almost exclusively for the of the
"civil government" of California, although large
have been loaned to different officers and de-
partments of the army and navy of the United
States. But all such transfers of money from this
fund to military and naval officers directed to
q q
and security for their payment drafts on the heads
of the corresponding departments in Washington
were directed TO be taken and deposited in the
place of the money so transferred. II is presumed
that the civil treasurer has complied with these in
structions, and that he holds in his possession
such evidences of all moneys loaned by him from
this "civil fund.-
1t may be proper to remark in this place, that
every precauton to secure proper accountability
in the collection and disbursement of this money,
in addition to the checks imposed upon the collect
ors, the quartermasters of the nearest ports audi
tors and receivers of this fund.- all accounts and pa
pers, both Of these receivers and collectors, were
subsequently examined by me as Secretary of
State, and then again by the Governor himself,
who after endorsing them with his approval
disapproval, forwarded them direct to the Secreta
ry of War.
have replied to your several questions as
fully as my time and the Information at my dispo-
sal will permit and would respectfully suggest,
in reference to the final clause OF the resolution Of
December 18th, that Congress be memorializcd to
recognise the revenues collected in California sub
sequently to the treaty Of peace with Mexico, and
to grant to the new State all the funds which were
collected here previous TO Mr.. Golfers entering
upon the duties of his office, and which have not
been expended especially for the support of the
civil government. This would relieve Governor
Mason and Governor Riley from all responsibility
in collecting these revenues, and would give to Cal
iforna fund sufficient to defray the expenses of
the State government until other means could be
provided. The money granted would not vary
rnuc from "A mn 0f 4 q
much as considerable sums were transferred from
the "civil fund.-" previous TO the LIST of July last,
to disbursing officers of the several military and
naval depots Of the United States.
There arc but two other modes of disposng Of
this civil fund: First, TO return the money to the
merchants who paid the duties; and, second, to pay
II into the treasury of the United States, and APP
propriate it for the expenses of the General Gov
eminent
The first mode would be exceedingly unjust to
the people of California, and towards the officers
by whom the money was collected. IL would
render these officers liable for the amount of
this fund, which has been expended with the cog
nisancc and implied consent and appreciation of the
Executive departments Of the General Govern
ment, for the support Of the civil government OF
California. j say, implied consent and approba
tion," for both Governor Mason and Governor
Riley frequently informed the authorities mt Wash
ington of the course which they pursuing with
respect 10 this fund and which they would continue
10 pursue until otherwise directed. But no counter
instructions were ever gioen, nor was there any
doubt expressed to the propriety Of that course
The General Government therefore, is under moral
obligations relieve these officers of all pecunisry
cations in the collection Of the revenue in Cali
fornia. The importers Bold their goods at such
prices 10 cover the duties paid, and still leave
them enormous profits and 10 now return those
duties 10 the importers would be virtual gift,
without in any way benefiting the people Of Cali
fornia who were the consumers Of the goods, and
who in fact paid the duties. This Is not the place
to enter into an examination Of the legal claim Of
the importers to this money, but cannot refrain
from remarking, that as the money was legally
due on the goods, and as the importers voluntarily
paid il into the hands of the temporary collectors in
California, in preference TO taking tho goods TO a
regular port OF entry and there paying the duties
il is difficult TO discover the Justice Of any claim for
its restoration.
To turn this fund into the treasury Of the United
States would evidently be unjust TO California; for
the people Of this country have hitherto been de-
prived Of the benefits of territorial government,
supported by the national treasury, and Of all the
usual expenditures from that source in works Of
public utility, they justly ask of Congress the
money which they themselves paid in the shape of
IL a. II