The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-10
ADDITIONAL NEWS FROM CALIFORNIA.


Proclamation or the Governor or California.
1oths People OF the STATE Of Caitfornia:-
he late deplorable and unfortunate disturbances
at Sacramento City, resulting in the melancho
deaths OF several individuals on both s,des render
II the duty OF the undersigned, Governor of the
State Of California, issue this proc lamation 10
all good citizens of the State, invoking their ear
nest aid IN sustaining the administration of jus
tlce and the preservation of the prace OF the State
With the merits OF the controversy existing be-
tween the different classes Of claimants to lots ia
Sacramento city, as Governor OF the State, have
nothios 10 do, nor any opinion to express; nor VIII
make any statement Of facts that might prejudice
the public mind against individuals Implicated IL
these disturbances, on either side. -
Ia rel alton 10 questions of Law, there are many
different opinions entertained by different indivl.
duals; and hence the necessity that there should
be some tribunal to settle all questions arising be.
tween individuals. The constitution and laws oil
the State have provided judicial tribunals, whose
night and duty II is to decide all questions OF law
With their determinations il is not my province,
nor the right of any individual, class of indivi-
duals, TO interfere In any manner whatever. 10
DO SO Is to invade the sacred Independence OF the
JUDICIAL department. and TO trample upon one OF
the hrst principles Of American freedom II an In
ferior tribunal denies the right Of appeal when il
exists, the law affords the injured party ample and
ptaceable redress, by process 30 plain and SIM
pie, that every intelligent lawyer we'll understands
II. To resist by force the decisions of the courts,
is to make war upon the existence of the govern
ment itself
The constitution Of California was adopted by
the almost unanimous vote of the people them
selves. Ii is the work of their own hands, and in
putting the State government into practical opera
ton, pending an application for admission into the
Union, Is but following the precedsnts set US by
the States of Missouri and Michigan. Until our
present State organization is abrogated and set
aside in the constitutional and regular way, by the
competent authority, II must and will be sustained
The constitution has declared il my duty, as
Executive Of the State, to A" see that the laws
faithfully executed" and 50 far as in me lies,
will discharge with all fidelity the duty have un-
dertaken. In doing this, know No man, and no
class of men. The decisions of the courts are
the law to me, whether against me or for me, or
against or for my opinion. 1t is neither my right,
nor the right of any individual, to question their
correctness.
The officers Of the government are but the mere
agents of the State and the people; and act, not
for Themselves, but tor the community. To resist
civil officer in the discharge of his duties, is a
highly criminal offence; and when that resistance
10 violent to occasion the death of the officer,
or any one called TO his assistance, it is
a crime of the darkest hue, and the grossest
possible insult to the people of the whole
State, and TO the majesty of the law itself. Ii
is high crime against God and our country
and before an American citizen ventures to take
justice into his own hands, and TO decide for him-
sell, and TO IN AXE war upon regular government
IN force at the time, he ought TO reflect most can
didly, honestly, and periodically, and not act
hastily. He should remember that there must be
some sort of government and that changes IN gov
eminent cannot possibly be brought about by
force. To resist successfully organized gov
eminent, founded upon the will of American citi-
zens, is most desperate and forlon hope, and will
inevitably lead In the end, TO the most fatal cOnse-
quences to those who undertake it. Ii is my duty
10 order out the militia of the whole State when
necessary TO sustain the laws; and if they are not
sufficient, TO apply TO the President of the United
States, who will never refuse the aid of the army
and navy, whenever proper case shall arise.
The people of California may rest assured that
the laws will be sustained. Whatever doubts
some may entertain of the legal existence of
State government prudence certainly would
dictate forbearance and acquiescence, until that
question can be decided by the regularly constitut-
ed authorities of the Union; and until they so de-
eide, the State government will be sustain 3D.
IL is not the right Of individuals to determine this
question, but II must be settled by the appropriate
in the appropriate way.
earnestly invoke every officer, and every cti-
zen " the State TO do HE duty II is what the
State has a right TO demand, and what ought right
willingly to be granted. That the officers may
know how TO maintain peace and the supremacy
of the laws, append a copy of the 49.h section of
The =" Act to regulate proceedings in Criminal
Cases"
Given under my hand, at Sacramento city, this
18th day of August, in the year Of our Lord
one thousand eight hundred and fifty, and Of
the Independence of the United States, the
seventy fifth. PRTER Ii. BURNETT,
Governor of California.
ssc Az When there IL unla uful or riotous As
eembiy, with intent to commit felony. or TO oner
hs ns ss sss aet msis TO
to the Governor or TO Judge Of the Supreme or Dis
trict Court the sheriff Of the county either OF
those officers ay is<ue order directed to the
msnding oacer OF division, brigade. regiment, bat
TALON. or company, TO order his commSud, or any
part thereof describing the kind and number OF
troop') TO appear at time and place therein speci
fed aid the civil authorities In suppressing vo-
lence and enforcing the laws.