Indiana State sentinel., 1849-08-23
From The National Era.
UsurpafiOn i'm California.

tary officers. in the Territories wrcsted from that
country. His establishment Of order and law BY /
military authority in New Mexico, denounced as
an oct OF despUtIsm, repuguani to the fundamental
principles Of civil liberty; but his supporters with
some plausibiy argued that the measure was fairly
within the scope of the War Power. Certainly, |
when tie state of war ceased. the Governments thus
established terminated, and Mr.. Polk could find
no grant Of power in the Constitution to govern the
Territories.
1t was reserved for Wing Administration, pro-
Tossing unlimited devotion to Law, infex xible adhc-
renee to the path marked out BY the Constitution, to
devise way for the establishment of civil govern
ment IN Territories, wlhou; aid from the Legislative
Power 1t seems now, that the Senate. when it
adopted provision which it endeavored force upon
the House, to in the President the power of ap-
pointing Governor for California, with Judges and1
other officers, was wasting its time in a work of SUI
pererogation. Congress having failed to empower
the President IN she premises, he assumed what that
body would not grant-he usurped absolute civil rule
over the Territory of CalforniaEo by virtue of the
War Power. for the state of had ceased: not by
by virtue of any constitutional grant, direct i'm
pied-no such grant is pretended: but he has usurp
ed absolute civil power on the strength of miserable
fiction. We speak thus, the supposition that Gen.
Riley, in announcing himself Governor of California
can produce Presidential warrant for the act. True
his instructions. SO far published do not authorize
such act. The only published instructions, on
which he can rest this usurpation of authority,
contained in the following order:
ORDER No. II.
HEADQUARTERS 10TH MILITARY DEPT,
Monterey, California, May s, lS49
The following extract from the instructions of the Secre
tay Of War, to the Commander Of this Department. pub
lished for the information Of the people of CALIFORNIA;
Ii will be the duty of the commander cf military
force TO recognize the present Government de facto
spect the officers Of it, aud lend the aid to the military
force to protect the rights Of persons aud property Of the
habitants of the Territory Though ne has Iisht
change modify the existing civil Government, it will be
his dufu IN
changed by competent authority. He is directed to quiet
any uneasness which may exist in the minds Of the people
account Of their present anomalous state
that the Executive of the United States will do what apper
tain 10 him to remedy any nveniencs which they may
now experience to secure their rights aud to extend them
In the ampest manner ali the benefits Of political ns
tutons No doubt that such they will
main quiet under the existing Of things the proper
authority shall have time nlerpOse and provide them
with civil oganizaton securing them the adyan-
tages OF liberal Territorial Government, with such
sgements as will facilitate the settlement and promote
prosperity OF California
By order Of General Riley.
If there be no other instructions than these, Gen.
Riley has lranscended his powers-he is usurper
on his own account. The Secretary of War requires
the commander of the military force, TO recognise the
present Government of the Territory, de facto,
respect the officers of it, &c. Now, what was the
Government - Jacto," when Gen. Riley assumed
the command of the army Who were its officers
Not the Government which had existed while Califor-
MIA was under Mexican rule; not the officers, ap-
1
had long ceased TO exist-of those officers some, we
presume, had been killed, some had ed the authority
of others not recognized There was no Gov
ernment de tdcto," except the Provisional one FORM
ed by the People of San Francisco, and the govern
ment of Lynch Law established at the mines. But,
In full view of this state of things, the first of
Gen. Riley was, to recognise the civil Government
of California which had existed under Mexican rule,
but was not, de facto; to respect the officers
ated under Mexican sovereignty, many of whom were
no longer citizens of the Territory and few of whom
were recognized by the People OF California.
We say that, in all this, he plainly transcended his
published instructions. In denying the authority of
the San Francisco Government, he denied the author
| ity of the only de facto" Government.
Nor do these instructions authorize him to assume
the GOvernorship of the Territory. Not n word is
said which can give color to such act of usurpa-
ton. And yet, in his proclamation to the People of
California, he says
"The undersigned in accordance with instructions from
the Secretary Of War, has assumed the administration Of
civil affairs in California no, military Governor but
the executive of the existing civil Government!''
If this be irue where are those instructions! Why
are they not made public! Let us have the letter
| from the Secretary of War, in which, by order of
Zachary Taylor, Brigadier General Riley is appointed
civil Governor of California with authority enforce
Mexican laws, TO appoint the Judges of the superior
courts and the projects, to fix the salaries of the off,
GERS OF the Government, and pay them out of the
customs, TO call Conventions of the People TO deter
/
mine the times and places of elections and the qual-
fcations of electors. Where is that letter? If there
he such one, then has the Administration peen guilty
OF an act of usurpaton unparalleled in the history of
the Federal Government See the miserable fiction
on which this audacious act is grounded
81 A brief summary of the organization of the pre-
sent Government" says Gen. Riley, " may not be
unnterestlng. 1t consists of Governor, appointed
by the Supreme Government; in default OF suc, ap-
pointment, the Office is temporarily vested in the
manding military officer Of the department"
The assumption made by the President is, that this
Mexican law or usage is yet in force in California.
This is the fiction which is made the groundwork of
a gross act of Despotism. 'The situation of Cali
fornia," says Gen. Riley, " is almost identical with
that of Louisiana, and the decisions of the Supreme
Court, in recognising the validity of the laws which
existed in that country previous to its annexation
the United States, being not inconsistent with the
Constitution and laws of the United States repeal
ed by Legitimate Legislative enactment furnish clear
and safe guide in our present situation"
We beg leave to differ FROM the General and his
instructors this head. The Territory of Louisiana
was delivered to the United States in December
1913, and in March, 1904, just three months after,
Territorial Government, provided by Congress- was
in operation therein. The laws recognized by the
Supreme Court of the United States, were laws
relating to private rights, and not form of Gov
ernment. Order and justice require that the laws
protecting the people of Territory in the rights Of
property liberty, and the pursuit of happiness should
be recognized by the courts Of the sovereignty
supreme them. provided they be not inconsistent
with It's fundamental Constitution. matter though
they enacted by the sovereignty which trans
ferred them. This is the usage established by the
decisions Of Supreme Court, and in harmony with
common and natural justice. But what ha.
this TO do with the forms Of Gopernmentl They
concern the political rights of citizens, the per
sonal or private rights of individuals. What decs
{, ions u the Supreme Court sustain The dogma. tha
e the iorms of Government in country, emanatine