Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1849-08-16
FROM CALIFORNIA.

a great excitement in the territory, as
will be seen below:
To the People Of California:
Congress having failed at its recent
session TO provide new Government
for this country to replace that which
existed on the annexation of California
10 the United States, the undersigned
would call attention TO the means which
he deems best calculated to avoid the
embarrassment of our present position.
The undersigned, in accordance with
instructions from the Secretary of
War, has assumed the administration Of
civil affairs in California, not as mill.
tary Governor. but as the executive of
the existing civil government. In the
absence of a properly appointed civil
Governor, the commanding officer of
the Department, is by the law of Cali
fornia, &c oficio civil Governor of the
country and the instructions from Wash
ington were based on the provisions Of
these laws. This subject has been mis-.
represented or at least misconceived,
and currency given to the impression
that the Government of the country
is still military. Such is not the fact
The military Government ended with
the war, and what remains is the ciUil
Government recognized in the existing
laws of California.
Although the command of the troops
in this department and the administra,
ton Of civil affairs in California are,
by the existing laws of the country and
the instructions of the President of the
United States, temporarily lodged in the
hands of the same individual, they are
separate and distinct. No military off.
Ger other than the commanding Gen.
eral of the Department exercises any
civil authority by virtue of his military
commission, and the powers of the COM
handing General as er o6fcio Governor
are only such as are defined and recog-
nized in the existing laws. The instruc.
lions of the Secretary of War make it
the duty of all military officers to re-
cognize the existing civil government
and to aid its officers with the military
force under their control. Beyond this
any interference is not only uncalled for
but is strictly forbidden.
The laws of California, not inconsis,
tent with the laws, constitution, and
treaties Of the United States, are still in
force, and must continue in force, till
changed by competent authority
Whatever may be thought ofthe right
of the people TO temporarily replace the
officers of the existing Government by
others appointed by o Provisional Ter
ritorial Legislature, there can be no
question that the existing laws of the
country must continue in force till re-
placed by others made and enacted by
competent power. That power by
treaty of peace, as well as from the ma.
,ure of the case, is vested in Congress.
The situation of California in this res.
pect, is very different from that of Ore
gon. The latter was without laws,
while the former has system of laws,
which, though somewhat defective and
requiring many changes and amend
ments, must continue in force till repeal
ed by competent legislative power.
The situation of California is almos,
identical with that of Louisiana, and
the decisions of the Supreme Court in
recognizing the validity of the laws
which existed in that country previous
TO its annexation 10 the United States
where not inconsistent with the Con.
ssitution and laws of the United States,
or repealed by legitimate legislative en-.
actments; furnish US clear and safe
guide in our present situation. 1t is
important that citizens should under
stand this fact, so as not to endangsr
their property and involve themselves in
useless and expensive litigation by CIV
ing countenance to 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 a
new Territorial Government il becomes
our imperative duty to take some active
measures to provide for the existing
wants of the country. This il is thoughl