Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1849-08-01
THE EFFORTS TO ORGANIZE A GOVERN
MEME


Congress having failed at its recent session to provide
government for this country, to replace that which
listed on the annexation of California to the United States
the undersigned would call attention to the means which
he deems best calculated to avoid the cbarrassents OF
ou present position
"The undersigned, in accordance with instructions from
the Secretary OF War; has assumed the administration of
civil affairs in California, not military Governor, but
the executive of the existing civil government In the
absence of properly appointed civil Governor the com
handing officer OF the Department is by the laws of Cali
ornia er-ofcio civil Governor ofhe country and the in
structions from Washington based on the provisions
of these laws This subject has been msepresened or
least msconceived and currency given to the impress
sion that the Government OF the country is still military
Such the fact The military Government ended with
the war; and what remains is the civil government recogn
zed in the existing laws OF California Although the
mand of the troops this department. and the admnstra
ton ofcv affairs California are by the existing laws of
the country and the instructions OF the President Of the u
States temporarily lodged in the hands the same ndv
dual they separate and distinct No military officer
other than the commanding General of the department
exercises any civil authority by virtue of his military COM
mission and the powers OF the commanding General
er 0ca0 Governor only such as are defined and re-
eeognzed in the lie existing laws The instructions Of the
recognize the existing civil government and to aid its
officers with the military force under their control Be-
yond THIS any interference is not only uncaled for but
| strictly forbidden.
The laws Of California, not inconsistent with the laws
constitution and treaties of the United States are still in
force, and must continue in force till changed by compe-
tent authority. Whatever may be thought of the right
the people to temporarily place the officers of the existing
government by others appointed by provisional terori
a. legislature, there canbe no question that the existing
laws OF the country must continue in force till replaced by
others made and enacted by competent power That pow
by the treaty opeace well from the nature of the
case is vested in Congress The situation Of Califomia in
this respect very different from that of Oregon The
latter was without laws, while the former has system Of
laws, which, though somewhat defective and recurring
many changes and amendments must continue in force
till repealed by competent Legislative power The situa
ton Of California is almost identical with that Of Louisiana,
and the decisions OF the Supreme Court recognizing the
validity OF the laws which existed in that country previous
to its annexation to the United States, inconsistent
with the constitution and laws of the United States re-
peaed by legitimate legislative enacments, furnish us
clear and safe guide in present situation 1t is mpor
tant that citizens should understand thisfact not to
endanger their property and involve themselves in useless
and expensive litigation by giving countenance persons
claiming authority which is not given them by law and
by putting faith in laws which never be recognized by
As Congress has failed to organize new territorial
government it becomes our imperative duty to take
active measures to provide tor the existing wants OF the
country This is thought, may be best accomplished by
putngn full vigor the administration of the laws as they
now exist and completing the organization Of the civil
government by the election and appointment of all officers
recognised by law; while at the same time Convention
in which all parts OF the territory represented, shall
meet and frame State Constitution territorial organi-
cation, to be submitted to the people for their ratification
and then proposed to Congress for its approval Con-
siderable time will necessarly eapse before any go
vemmen can be legltimatey organized and put in ope
ration In the interim the existing government if its
ganization be completed will be found sufficient for all
| our temporary wants
A bfle summary oil the organization OF the present
vernmen may not be unnteresng 1t consists first OF
Governor, appointed by the supreme government; in de-
fault Of such appointment the office is temporarily vested
in the commanding military officer of the department
The powers and duties of the Governor are Of limited
character but fully defined and pointed by the laws
I'd A Secretary whose duties and powers also pro-
pery defined 3D. A Territorial or Departmental Legis
laure with limited powers to pass laws of local char
acter 9TH Superior Court Tribunal SUPERIOR OF the
Territory, consisting Of four Judges and fiscal 9Th A
with the preservation Of public order and the execution of
the laws; their duties correspond in great with
those of district marshals and sheris 9th A Judge Of
first instance for each district This office by custom
inconsistent with the laws, vested in the first acade of
the district 7h Alcade who have concurrent urisdic
dnate to the higher Judicial tribunals 8th Local justices
Of the peace. 9Th. Ayuntan'aentos, or town councils
The powers and functions of all these officers fully
defined in the laws OF this country and almost identical
with those OF the corresponding officers in the Atlantic
and Western States.
In order to complete this organization with the least
possible delay the undersigned virtue of power in him
does hereby appoint the first of August next as the
day for holding special election general
peor Court projects and sub-preect and all vaean cies
in the offices of first acade Tor Judge of first instance),
alcades justices OF the peace and town councils The
judges OF the Superior Court and district preects are by
law executive appointments; but being DESTROYS that the
wishes Of the people should be fully consulted the Gov
enor will appoint such persons may receive the pura
Competent and eligible to the office Each district ils' will
vacancies in the offices Of First Acalde Tor Judge of First
Instance) and of Acaldes One Judge of the Superior
Court will be elected in the districts of San Diego Los An
gelos and Santa Barbara; the districts of San Luis
Obpo and Monterrey in the districts of San Jose and
San Francisco and one in the districts of Sonoma sa-
of the Superior Court the Projects and Judges of Fist
Instance, regulated by the Governor, but
ceed for the first 81 900 annum for the second 50 $780,
and for the third 81 500 These salaries will be paid Out
OF the civil fund, which has been formed from the pro-
eeeds OF the customs provided no Instructions the
trary are received from Washington The law requires
HAT he fOurt
months alter its organization and for tariff Of fees for
the different Territorial Courts and legal officers including
all Alcades Justices OF the Peace, Sherifs Consta-
bles, &c.
All local Acades Justices ofthe Peace and members
OF Town Councils, elected at the special election will
continue in office till the first OF January 1850 when their
places will be supplied by the persons who may be elect
ed at the regular annual election WHICH takes place in No
| ritoral Assembly will also be held.
The general convention for forming State constitution
or plan tor territorial government, will consist of37 dele
gates who will meet in Monterey the first day of Sep
TENDER next, These delegates will be chosen as fol-
| lows -
The district of San Diego will elect two delegates, Of
Los Angeles four OF Santa Barbara two of San Luis
Obspo two OF Monterey five OF San Jose fve of San
Francisco ve OF Sonoma FOUR OF Sacramento four of
San Joaquin four Should any district think itself entitled
to greater number ofdeegates than that above named
it may elect spenumeraries who, the organization OF
the convention, will be admitted orno at the pleasure Of
| that body.
The places TOR holding the election will be as follows:
San Diego, San Juan Capstrano, Los Angeles San Fer
nando San Buenaventura Santa Barbara, Nepoma, San
Luis Obispo, Monterey, San Juan Bautiste Santa Cruz
San Jose de Guadalupe San Francisco San Rafael Be-
dego Sonoma, Beneca The places for holding election
in the Sacramento and San Joaquin districts viii be here
after designated The local Alcaldes and members Of
| the Ayuntamientos or Town Councils will act as Judges
and inspectors OF elections In there should be less
than three such judges and inspectors present at each of
the places designated the day of election the people
The polls will be open from 10 O'Clock A. M. to 4P NJ,
| or until sunset if the judges deem necessary.
Every free male citizen ofhe United States and of Up
per California 81 years of age and actually resident in
the district where the offered will be entitled to the
right osuirage. All citizens OF Lower California who
have been forced to to this territory OF
having rendered assistance the American troops du-
ring the war with Mexico should also be allowed
| to vote 1.-THE district where they actually reside
Great care should be taken by the Inspectors that votes
dent in the country These Judges and Inspectors pre-
vous to their entering upon the duties OF their Office should
take oath faithfully and truly to perform these duties