The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-06-19

Ii was well known that the Alcalde, in defiance
of law and Justice, had been In the habit OF selling
town lots and other property of the town, and that
the proceeds Of such sales had been for long time
unaccounted for. The legislature, DESTROYS to Sc
cure such property TO the benefit OF the public,
passed law forbiddng such sale, or any other dis
position of public property, and making the offence
punishable by fine and Imprisonment. Ii was also
charged and not doubted, that the public records
were mutiated, that the public funds were squan-
dered and not accounted for and that the admins
| tration of Justice was mere mockery, Tor rather
an outrageous wrong, as practlsed by the Alcalde,
and the Legislative body, to correct these abuses,
and inasmuch as the people had elected three JUS
tees of the peace, fixed day upon which the office
of Alcalde should cease, and ordered him To hand
over his books and papers to Myron Norton, a
newly elected justice Upon this Mr.. Norton adj
dressed the Alcalde note, demanding the delivery
of the said books and papers. No reply was re-
turned thereto, and after waiting four days, MIR.
Norton again addressed the Acalde, as follows:
SAN Francisco, March 80 lS49
SIR ! had the honor of addressing you note,
dated March 26, lS49, to which have as yet re-
ceived no reply respectfully request that you
will answer the same, either by complying with my
request, or informing me that you refuse to do So.
Very respectfully, your obedent servant,
MYRON NORTON,
Justice of the Peace and Police Magistrate.
10 i. M. LEAvENWoRTH Esq.
No reply has as yet been received to either OF
these notes. but it has transplred that the Alcalde
sent Mr.. Norton's first letter to Gen. Smith, and
asked his advice in the matter; whereupon Gen.
Smith assures him that he is still the Alcalde not
wthstanding the action of the Legislative Assem-
bly,; and he recommends this Acalde TO hold on to
his office, and the books and papers thereof, and
says that on the arrival Of Col. Mason, who is more
Immediately charged with the matters of Govcrn-
ment appertaining To this territory, the whole sub
ect will be laid before him. Ii does not transpire
exactly on what grounds Gen. Smith has seen
proper base this course of action, he does not
give the reasons for his opinion; but 1t Is presumed
TO have some connexion, remote or near, with the
Presidents message and the letter of Secretary
Buchanan. These statesmen, as well as General
Smith, well know thai the existence of military
government in time of peace within the limits of
the United States has no sanction IN law or Justice
They well know that such government is totally
at variance with the letter and spirit of the Consti
tution--that 1t is repugnant TO every principle of
that great bill of rights, the Declaration of hide
pendence-and that it is in direct opposition to
every political feeling which an American citizen
has been educated to support and revere
The Californian then proceeds to argue against
the right of Gen. Smith TO assume governmental
powers the territory g So far as the govern
ment was in operation in this territory previous to
the arrival of Gen. Smith, 1t was not even de facto
government. True, IL had assumed the authority
to tax US, by evying duty on imports; but 1t has
not given, nor attempted TO give, one of the
blessings which we have right to expect from the
power that raises revenue for its support from
1t has not only taxed us without law and without
representation, but il has taxed us without even
government"
Among the passengers by the Crescent City, are
Col. Mason, U. S. A.; Mrs. P. F. Smith, Col.
Hughes, Chief Engineer of the Panama survey;
Leuts. Porter, Chandler, and Hall, U. s. N; DIR.
Rudensein, U. S. ~; Lieut.. Bonnycastle, U. s. A.,
Orus.