The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-08-10
The Aotine-Governor Of California.

The accounts received by the Falcon present
Brgader- General Riley as the acting local Gov
ernor Of California. As such he appears to have
superseded General Persifor r. Smith entirely, who
aes only in his military capacity. The explana-
uon which is given assumes the binding force Of
the Mexican laws existing in the territory at the
time Of the cession, to an extent which will form
a fruitful subject Of debate.
General Smith is the supreme officer, command
ing whole Military Division on the Pacific, in
GLIDING Oregon as well as California. These form
two Departments, governed respectively by Briga-
diers Riley and -. Gen. Riley, as commander
of the Department Of California, would have, under
the laws Of the United States, no civil jurisdiction
in time Of peace. But, under he Mexican laws,
the military eommandant of a Department is ipso
factO entitled to assume civil jurisdiction, and &C
cordingly General Riley, by virtue of his military
appointment under the laws of the United States.
has become the civil head Of tile State under the
laws Of Mexico. For the authority to recognize
the Mexican Government and laws, General Riley
quotes the Instructions of the Secretary of War,
addressed to him at the Headquarters Tenth AIili-
taTy Department The following is the most irnpor-
tant passage:
It will be the duty Of the commander of our
military force to recognize the present Government
H.
the aid Of the military force to protect the rights of
persons and property of the Inhabitants of the ter
Tltory. Though he has not the right to change or
modify the existing civil Government, it will be
his duty to recognize it as an existing Government
until II is changed by competent authority. He is
directed to quiet any uneasiness which may exist
in the minds OF the people account of their pres
ent anomalous state, by assurances that the Exc
cutive Of the United States viii do what appertains
to him to remedy any conveniences which they
to Fl,,s.
extend to them in the ampest manner all the ben
efits Of our political institutions"
There is nothing in the documents to determine
at what date or by what Secretary these instruc-
tons were written. Gen. Riley arrived out about
the beginning of May. These instructions were
probably sent out by some special messenger.
The direct authority TO assume civil authority is
not found in this paper, except as an incident to
the general recognition of the de fdeto govern
ment; and as the people of San Francisco had
formed government for themselves, Immediately
after the war, the terms of the SecretaTy's order
would have been complied with by the recognition
of that authority. So, however, Gen. Riley did
not think; and hence the conflict between the
original Mexican organization, sustained by the
military, and the new organization, claiming to
represent the people by original appointment 1t
will not fail to be observed, that the grounds of
difference cover the very question which so much
divided and agitated Congress at the last session.
Nor viii it lessen the interest of the question, that
the Mexican law, which is assumed to be in force.
abolishes slavery, while the voluntary Organization
proposes to exclude il by special enactment. in III
formation of a new government for the State.
The proclamation Of Gen. Riley suppressing the |
movements Of the people for a spontaneous Con.
vention, threatened a serious difficulty. Two Con-
veniions, representing adverse claimants to original
political powers, would have been source Of
inconceivable diseord. This source of discord has
however been, in material degree, removed, BY
the action Of the committee appointed 10 make |
arrangements for the Convention, called bv the
Legislative Assembly, They have recommended |
acquiescence in the designation by Cen Riley Of
the time and place for Convention, not, as thew
explicitly says eoncedng any matter Of right. /
but from a desire to do no act which may obstruet
the formation of government, for early admission |
into the Union. But they dissent from the appoint
ment Of representatives in the Convention, made /
BY the General, and recommend the election Of a |
larger number of delegates from the several dis |
tricts than his proclamation allows Here win |
be, we fear, a source of difficulty in the Conyen.
ton, but is to be hoped that means of concili.
alton can be found to enable them to act speedily |
and harmoniously in establishing a government |
for themselves, and thus terminating, as relates to
them, amOstembarrassing political question, which |
j disturbing and dlslracting the whole Union,