The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-01

des-some Spanish, some American. we may yt, SCI
how il understood generally, and what uhio'y VI
law there in their decisions. ,.a
Atpage "A there is question offered and not aloMeu
TO be put Major ST. George Cooke acting under spe
cial orders from Gov. Keamy, which throws iignt IN
different place. upon these violations OF the capituiaoh
which gave peace 10 the country. 1T is TINS:
''Major Cooke toaes- Cross era nndfion continued
Question Do you know that in the month of February,
1877 and in rtherance The objects OF the treaty of Cou-
enga safe conducts had been by Gov Fremont 10 the
province of Sonora relying upon the faith of which safe
conducts, Moreno and other Caliiouans, who had
been active parIisans IN the nsurecon Oh oepepet,
1885, returned TO their families AT Los Angeles having WIN
them the guards OF Governor fremont! Now.
did you not immediately after their arrival at Los Angeles
arrest and mprison Moreno and his companions thus VIC
latng the safeguards of Gov. Femontl and did You NOT
release them from apprehension OF an Instruction
At the suggestion oil the Judge Advocate the court was
order ed to be cleared
.Aher mature deberaton the court decided that's The
court deems the question Irrelevant and directs that it shall
nor be put The then opened. Lieutenant Col
Fremont The decision in closed session
nounced."
The proclamation was also in fragrant violation of the
law of nations as is well shown by Paano in an arti-
Gle in California newspaper:
"Upon this subject Vatie tells rs that the established
law Of nations is that the submission OF a conquered
people, the conqueror to govern them according 10 te
laws of the STATE Rs psae
Pile but me that the authority OF lhis eminent
ss 20 a the Should
main state Of rnnous suspense, without law and wan
certainly without laws until laws shall be established
by the United States, if tho country be finally coded by
Mexico; II 1t be not, then unh the laws Oh MEXICO are re
stored"
rhere be still more difficulty in reference to
the jurisdiction of our courts and this difficulty arises also
from the deficiency of the laws There being no law de
ning powers and duties OF the acaldcs it impos
BILE for them know of what subjects they have cogn-
Zance what OF country they have Jursdic
ton BY some who pretend be well versed in the nv-
sise laws of California, it is insisted that the jurisdiction
the acades extends TO no matters OF difference where
the in controversy exceeds one hundred dollars
and that each is confined his particular district in his
judicial acts Others urge that as to amount their ns
dction unlimited and that the alcades who reside at
the principal towns have both appellate and original uns-
dcon throughout the entire department in which they re-
side"
The alcalde is himself the law both civil and criminal
and his executoners are such as volunteer Tor the occa
sion. Take this instance from California paper:
''The first judicial execution in fact capital punish
men by the civil military authority which has taken
since at our negborng village Cruz, the north
side of Monterey Bay The criminal executed was the
murderer of his vile.
" Judge Blackburn, the alcalde of Santa Cruz, held
court a.d jury of,weve citizens unanimously convicted
cute sentence and shot criminal by order of the
Such the facts officially comm nnicated The
murderer was Mexican who 1t Is said, had already MUIR
dered previous WIFE,
:" commend the prompt decision of Judge Blackburn,
Gov Mason, who already of the great necessity
which defined code Of laws, and better
informed engaged in the preparation of judicial sys.
ten which viii be general explicit and equal to the wants
OF the county
But Governor Mason sis engaged in the preparation
of judicial system, which will be general, explicit, and
equal to the wants of the country" II Governor Mason
had the right to make law, there might still be OBJ
lection 10 his work. There Is poet who SAID,
"Fools rush in ,Ohes angels fear to tread"
Changing the laws of country is thing never to be
done, even by the constitutional making power, with
out urgent necessity and the greatest decacy TACT and
fobearance 1t shocks the whole body of the people
and deranges every transaction Of their daily lives The
effect of such change is feeling told by Darlington Ma
cauay, in his Edinburgh Review in an article on the lie
of Warren Hastings will read sentences from it
he nj tha inn Act If had H.
shed two Independent powers-the one judicial The other
political and with careessness scandalousy common
either The judges took advantage Of the ndistfnctness
and attempted TO draw to themselves supreme authority
reign of terror began of terror heightened
by mystery tor that which endured was less
horrible ,han mar which was @ NO man KneW
from beyond the black water, the people OF In
with non Of e or
with the usages OF the millions whom they claimed
boundIess authority Its records Were kept in unknown
characters; its sentences were pronounced in unknown
sounds"
Surely, if had not notified the Senate that was read
ing Of British India, under the confusion of British in
distinct legislation with judges unacquanted with the
language of the country, writing their sentences in UNI
known characters and delivering their judgments in
known sounds it would have been thought was reading
of California and OF the effects of kearnys proclamation,
and drawing the picture OF his American acaldes India,
fortunate than California, had governor of large
political views OF head and not scrupalous
about his means when the object to be attained was great
and he bribed Sir Elijah Impey, the chief justice with
eight thousand pounds sterling per not to execute
the act.
And this volaton-this abrogation of the wise, just,
and benecent capituaton of Couensa from that
General Kearny who founded his second claim 10 the gov
ernorship upon it who was encomastic upon to Rus
sell when he endeavoring, through him, seduce
Fremont and who alleged Stockton to be against it, when
he was endeavorng at the same tme through the same
Russell, to poison the mind of Fremont against Stockton
Hear the testimony, p IA, of the Trial. Col William H.
Russell the witness:
'Qneson Will you please state all that passed on
the subject OF the governorsp and the particulars OF
nearly possibly remember and
ANSWER. 1t subject OF much conversation,
proracted to late hour at night He told me OF his civil
appointments in New Mexico and OF his dete minaon
have appointed Col Fremont. In that he
told me that Commodore Stockton nirendy both to
Fremont and himself; cautioned to be particularly
guarded in any conversation discussion with Commo
all other matters connected with CALIFORNIA; expressing
great pleasure at Lieut. COL Fremont being there, as
derstood him. Intending confer him the Office OF
do NOT exactly understand what further denils
night prefer the questions should be put in shorter
terrogatores.
Question. Did he say anything about his own return
to the United States and, If so, what!
ANSWER. He did: as he could organize civil
government, il his intention return To- the United
States and finding suitable person Col Fremont in
the country take the place of governor, his design of
turning home need not long be postponed do not pre-
"Queston. Did he General Keany) give any opinions
OF his about the capituation OF Couenga and, if
how far did II coincide otherwise. with the opinion he
attributed to Commodore Stockton
Answer General Keamy conceded with the capitula
ton remember the distinctly, because, previous
my second interview with Commodore Stockton, the
evening OF my arrival l3h OF January he furnished
gumen,s In support OF the capituation and, think,
quested Captain Turner Commodore