The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1849-09-05


ference is not only uncalcd for, but strictly
forbidden.
The laws of California. not inconsistent with
The laws, constitution aud treaties Of the United
States, are still in force, aud must continue in
force till changed hy c"np"'rn, authority. -
Whatever may he thought of the right "i the
people To temporarily replace tn" officers OF the
existing Government hy others appointed hY
Provisional Territory Legislature, there can he
no question that the existing laws ol the com
try must continue in force till replaced hy others
made and enacted hv competent power. nat
power. lvireaty nf p'arr, as wei! as from the
nature of the case. is vested in Congress. lhr
situation of California in this respect is very
different from that of Oregon. The latter was
withou, laws, while tho fnrmcr has system OF
laws. which, though somewhat detective anu
no, requiring many changes and amendments
must con,inu. in force ill repealed hy conpr'
tent legislative power.
The situation ofCaliforna iSalmos identical
with that of Louisiana, and the decision "' the
Supreme Court in recognising the validity OF
-,he laws which existed in that country prcvion>
TO its annexation to the United States, with lh"
Constitution and laws Of The United States, or
repealed by legitimate legislative enactmen's'
Earnish rs n clear and safe guide in our present
situation. 1t is important that citizens should
understand this fact, so as not TO endanSrr 'hrir
prooer,v and involve themselves in useless an6
extensive Irrigation by giving countrnanre 10
persons claiming authority which is not given
Them by law, and by putting faith in laws which
can never be recognized by Legitimate courts
As Congress has failed to organize i'rr''
toriaI Government, il becomes our imperative
duty to take some active measures I" provide
for the existing wants of the country. This, II
is thought. NAV I've hest accomplished hy putting
in full yieor the administration of the laws as
they now exist, and completing the organization
of the civil government, by the election anu ap
pointment of all officers RI cosnlsed ny raw:
While at the same time convention, III which
all paris of the Territory are represented Shal'
meet and frame State Constitution "' i'''
riioral organization, to be submitted to Inc peo'
pie for their ratification, and then proposed 10
Congress for its approval Considerable Time
will necessarily elapse before any new govern
men, can he legi,imately organised aud Pnt III
operation. In the interim the existing govern.
mon, if its organization can be completed Will
be found sufficient for all our tempotary wants.
A brief summary Of the organization "' 'he
prese Mt Government may moi be undressing.
1t consists. Ist, of Governor, appointed ny
the Supreme Government; IN default OF such
appointment, the Office is temporarily vested IN
the commanding military officer OF the Depart.
ment. The powers and duties OF the Governor
are Of limited character. but fully dehned and
pointed ont by the laws. 3D. A Secretary
whose duties and powers are also properly De.
fined. 81. 4 Territorial or Departmental
Legislature, with limited powers to pass laws OF
n local character. 4lh. 4 Supreme Court
Tribunal Superior) oflhe Territory, consisting
Of four Judges and Fiscal. 9th. rrrtec'
and sub reflects of each District who are charg-
ed with the preservation of public order and 'hr
execution of the laws; their duties correspond
in great measure with the District MarShals
and Sheriff.. 7rh. 4 Jufise of First Instance
for each District. 7h. A.caides who have
concurrent jurisdiction among themselves IN
the same district, but are subordinate L" the
higher judicial tribunals. 9Th. Local Justices
of the Peace. 9Th. Ayuntamientos. or Town
Councils. The powers and functions OF all
these officers are fully defined in the laws OF this
country, and are almost Identical with those
of the corresponding officers in The Atlantic and
Western States.
In o,der to complete this organization with
the least possible delay, the undersigned, in
virtue of power in him vested, does hereby APP
poin, the first Of August next Qast Ausus, tor
The day of holding special election for Dele
gates 10 a general Convention. and Tor hl'ns
The offices Of Judges Of the Superior Court,
Projects and sub Projects, and all vacancies in
he Office Of lst Alcalde, (or Judge of First In.
stanee,) Alcaldes. Justices of the Peace aud
Toxn Councils. The Judges of the Superior
Courts and Projects are hy law executive ap.
hut beias desirous that the wishes
nf the people should he fully consulted. the Gov
ernor will appoint such persons as may receive
the plurality Of The votes in their respective
districts, provided that they are competent ana
eligible t0thc offire. Each District will there.
fare elect Prefect and two SUN Projects, and
ill the vacancies in the Offices Of lst A!cade
Tor Judge Of First 1nstance.) and Of A!raldrs.
One Judge of the Supreme Court will be
elected in the Districts Of San Diego, Los An.
celos and Santa Barbara one in The Districts
OF San Luis Obispo and Monterey; one IN The
Districts of San Jose and San Francisco, and
one in the Districts on Sonona. Sacramento and
San JOAQUIN. The salaries Of The Judges OF
the Superior Court, tie Prrfrcts and Judges
Firs. Instance are regulated by the Governor,
bu, cannot exceed, for the first, $1,000 per an
nun; for the second, $4,000, and for the third
$500. These salaries will be paid out the
civil fund whfct, has been lorscd from the pro-
ceeds of the customs, proviled no instructions
to the contrary are received from Washington.
Tie law requires that the Judges of the Sure.
rior Court meet within three months alter its
organization, aud form tariff of fees Tor the
diff.ren. Territorial Courts and legal officers,
all Alcadcs. Justices of the Peace,
Shprifs, Constables, &c.
A la,Ias 1,IIicnc of the Ynprn and