The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-03

SAN FRANc,sco. June 20. Is4e

Inc steamer winch eases 'o-uay WIN convey 10
the Auanuc cues Tue A'la Ca'iorhla hewspa-
per OF June IA. containing governor hley 9 pro-
c'ana''ons % June 'u anu s'h' WIN ''e .e.narhs
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cai'ed LeSs'a'so ASseno'y u '"e asu'e' " oah
francesca AS the "Aita California is the only
newspaper IN California, (excePt small one just
s'ar'eu VI ING sou resiohs) u wiz necessarily carry
10 the States the only printed in'ormal'oh respect
ing The stale OF AFFAIRS IN tins country, which can
be sent ny 'his steamer. Ina. paper owns ana
controls the only presses In California and rs en-
nrely under the influence OF the members of the
District Assembly Il rs exclusively the organ of
that body but cannot pretend to speak for the great
mass of the people OF this territory. Due allow
ance must therefore be made IN reading its columns
and 1t must be remembered that as yet, The people
of this country have had no means OF expressing,
in newspaper form, their true opinions and senti-
ments
| We propose few remarks in reply to the "Ata
Callfornia's" criticisms upon Governor Rlley's
proclamations II is said that the cipit government
of California ended when the war began, and the
military government ended when the war ended;
and since that time we have had neither govern
ment nor governor This assertion is untrue. The
civil government was allowed to continue during
the whole time in which General Kearny and Col.
Mason commanded in California, with the simple
exception, that certain Offices were not filed at all,
and others, in virtue Of authority given by Presi
| dent Polk under the laws of war, were filed by
appointment instead OF election. One OF the first of
General kearnys official acts was to direct that the
existing laws OF the country, not IN conflict with
the Constitution, should be recognised and en-
forced, and the only civil laws which were sus-
pended during the war by either Kearny or Mason,
were, IT we remember rightly, those relating TO the
| announcement" of mines, and the performance of
marriage ceremonies. Scarcely day passed dur
| ing the administration OF either of those COVER
nors, that they were not called upon to decide
some questions connected with the civil govern
ment, and in every instance, they decided, or at
least pretended to decide, IN accordance with the
civil laws OF the country The temporary regu-
iations made by them for the security and mill
tary occupation OF the country ended with the
war, and no attempt was made by Colonel Ma
son to revive or continue them after he received
the treaty of peace and hsvery first act after the
peace was TO issue proclamation, as governor,
(not "orders" as military oficer,) to the people
OF California, declaring that the existing laws and
civil ofhcers must continue TILL others were made
ana appointed 10 NIL their places He immediate
| ~ surrendered all claim to appoint officers who
were made elective by the laws OF California; and
called upon the people to supply all vacancies by
election.
During the war the governor had an undoubted
right TO suspend any civil law Of the country, and
make another supply its Mace. but since that
time ne has never claimed any authority whatever,
not given him by the laws themselves.
The assertion OF the "Alta California" that Co.
lionel Mason did not attempt to exercise any civil
functions whatever for several months" previous
TO General Smiths arrival, is utterly false Scarce
" day passed during that time that he did not
exercise the functions OF civil governor, by making
appointments, deciding questions submitted to him
oy acaldes &C., &C. Even the editor of the
Alta California was an applicant lat least through
his friends IT not personality to Governor Mason
for c'u'l office after the war, and when the Office
was given to HIM, he declined IL simply because
oolone mason would not give him higher salary
ana delegate 10 MN powers not authorized by law.
ana several OF the gettersup OF this District Legis
ature were not only applicants for office for them
selves and their friends. but some of them actually
al 'h's Gay hold ofhces given them by Colonel Ma
son. DIS ciVh governor aier The war. Even the
writer oil th's famous Legislative address has always
recognised the authority OF the alcalde in an ada
cent district and recorded his conveyances and
ia"o uues IN ms once But IN this district, where
ne hopes 70 gam some political notoriety, he has
'aken the oack-track, and denies the legitimacy of
the very laws and authorities which he has hther-
'eoos''''o anu supported. Political consist
ency
Inc eu'ior OF the Alta California entirely mis-
'oli''e"S "e 'a''s OF 'ne case respecting the vol
o'ne VI 'a~s prepared ny Colonel Mason, IL was
expressly stated ~ the ute page OF that volume
Una. 'ney were Tor The government of California
curing US m'"idTy occupation; and the SIMPLE reason
why no attempt was made to put them in force after
inc hewso' peace was thai they contained provisions
contrary 70 the existing laws OF the country Those
provisions could have been legally enforced during
'he war, out not after ITS close. We know of
several instances III which Governor Mason was