New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-07-28

Political Observation-Disclosures OF General
Riley.
The following document has cause great excitement
in the Territory as will be seen below

The following document has cause great excitement
in the Territory as will be seen below
| t. he People Of California
Congress having failed At ts RECENT session 70 provide
a new Government tor this country to replace that
which existed on the annexation Of California 10 the
United States tho undersigned would call attention 70
the means which he deems best calculated ~ avoid the
| embarrassments OF our present position
| The undersigned. in accordance with Instructions
| from the Secretary of War has assumed the admins
tration of civil affairs IN California, not AS mttd'y
Governor but as the executive OF the existing civil
| government In the absence OF properly appointed
civil Governor the commanding officer OF the Depart
ment Is By the laws OF California, RI oco civil Cover
nor of the country and the instructions from w ASH
ington were based on the provisions OF these laws.
This subject has been msrepresented or AT least mis-
conceived and currency given 10 the impression that
the Government of the country is sill military such
| il not the fact The military Government ended wsh
| the war and what remains IS the rrE Government 70
| cosnized IN the existing laws OF California
Although the command OF the troops IN this Depart
nent and the administration of civil affairs in Capr
MIA are by the existing laws OF the country and Tue n
structioBs of the President OF the United states tenn
uorarly LODGED In the hands of the same individual
| they are separate and distinct NO military omeer
other than the commanding General OF the Department
exercise. any civil authority by virtue OF his military
commits sion sDd The powers OF the commanding ten
ra "a er ohci0 Governor are only such AS are htned
and ognized in the existing laws The instructions
of the secretary OF War make II the duty OF all mill
tarv officers to recognize the existing civil government
and 70 aid its officers with the military force under
their control Beyond tns any 10 ohJ
! uncaled for but strictly forbidden.
Tho laws OF Caliiornis not Inconsistent with the
laws. constitution and treaties Of the nted states, are
.tl in force and must continue in force till changed by
competent authority. Whatever may be thought OF
the ri ht OF the people to temporarily replace the ON
Gers OF the existing Government by others appointed
by Provisional Territorial Legislature there can be
no question that the existing laws OF the country mus
continue in force till replaced by others made and
acted by competent power. That power by treaty OF
peace well from the nature OF the case, - vested
8 Cali .rtt in hi. Moot
very different from that OF Oregon The latter was
without laws while the former has system OF laws,
which though defective and requiring many
changes and amendments, must continue IN force III
repealed by competent legislative power
The situation OF California Is almost Identical with
that of Louisiana and the decisions OF the supreme
Court in recognizing the validity OF the laws "hlch
existed in that country previous 10 ts annexation 10
the United states where not inconsistent with the Con
sutuon and laws OF the United states or repealed by
legitimate legislative eDsctments furnish as clear aud
safe guide present situation u IL important that
ctzens should understand this fact 30 rs not 10 endan
ger their property and involve themselves In useless
snd expensive litigation BY giving continuance 10 per
sons claiming authority which 10 not given them oy Ia"
and by putting faith IN laws wnlch can never DC Iecos
nlzed by legitimate courts.
Az Congress has failed organize new Territorial
Government IL becomes our imperative duty 10 take
some active measures 10 provide for the existing wants
of the country This IL Is thought, may he beat accom-
pshes by putting in full visor the administration oil
the laws they now exist and completing Tue o'5hDi
Of the civil government Dy the tfcuoh anu W
oontnent # all officers recognized by law While AT
the same time Convention in which all parts Of the
Territory represented shall meet and frame state
Constitution or Territorial organization, 10 Dc suo'
ntted 20 people for their ratification and then pro
posed 20 Congress for its approval Considerable upe
will necessarily elap.e before any new government can
be legiumsely organized and put IN operation Ia the
interim ne existing government II It's organization De
completed will be found sufficient for AL our temporary
wants
lat
/ Of a Governor. appointed by the Supreme Govern
in default Of such appointment the once - tenn
pOrsrly vested in the commanding military officer OF
the Department The powers and duties OF the Gov
ernor are Of limited character, but fully defined and
pointed by the laws. ~. Secretary whose du'
/ tes and powers also properly defined ID A Ter
| ritoria or Departmental Legislature, with limited
powers 10 pass laws Of local character. ih. gu
prrOr Court Tribunal SaP1'Orl VI the Territory, con.
slsng Of four Judges and Fscal 9Th. Project and
sub Projects for each District who charged with
the preservation Of public order and the execution OF
the laws their duties correspond In great measure
| with those Of District MsIshsls and -herts 9th.
Judge Of First Instance for each District. This Office
j. by inconsistent with the laws vested
10 lsr Alcalde Of the District 7th. Acsdes who
have jurisdiction among Themselves in the
same district but subordinate 10 the higher Judi
cal tribunals eth. Local Justices Of the Peace 9th
| Ay4HiameHtos or Town Councils. Inc powers and
functions Of all these officers fully defined in h'
laws Of this country and are almost identical "lti
those Of the corresponding officers IN the Atlantic an'
In order " complete this organization with the less
possible delay the undersigned, In virtue O. power II
him vested, does hereby appoint the fret Of Angus
next the day for holding special election for Dele
gates ~ general Convention and for filling the Office
Of Judges Of the Superior Court. Projects and sut
Projects and al yacancies in the Offices Of lst Acad'
0r Judge OF nrst nstance) Aicaldes Justices Of N
Peace. and Town Councils The Judges Of the Sup'
ror Court. and the Projects by law executive a.
p0ntIuents, but being DESTROYS that the wishes OF N
people should be fully consulted the vernon viii Al
point such persons may receive the plurality OF vote
IN their respective districts provided that they az
competent and eligible the ofhce Each District "!
therefore elect Preect and two subPrefect- ana
the vacancies in the Offices Of lst Acalde (or Judse
+ First lnstance) and Of Alcsldes
a One Judge OF the Supreme Court will be eiec,e1
the Districts Of San Diego Los Angeles and Ssns "a
bara In the Districts Of -an Luis OoiSPo ana MOI
terey one in the Districts Of an Jose and FRANCISCO
!, and one In the Districts of SOn0ma Sacramento AZ
? San Joaquin The salaries OF the Judges oi the -
peror Court the Projects and Judges OF Frs nstan'
are regulated BY the Governor, but cannot, Tor the mr.
= gOO per annum, for the second WV, and Tor Il
= taird 500 These salaries will DO paid olt Of the civ
= fund which has been formed from the proceeds Of
customs provided instructions 10 the contrary
I, received from Washington The law requires that q
Judges VI as suPssaI GsaTI asss nlsala sass msap