The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-01-29

fornia, and that all good citizens win unite in car
rying it into execution.
Given at Monterey, California, this third day Of
June, A. D. lS4s (Signed) B. RILEY,
. BIT Brig. Gen. IT, s. A. and Coz. Of California
Official-H. w. HALLEcK,
BIT Capt. and Sec'y of State
[coPY.l
Executive DEPARTMENT OF CALIFoRslA,
MONTEREY, June 30th 1849.
GENERAL--I have the honor to transmit here
with copies of all civil correspondence and papers
since the 18th ofApril last, at which time relieved
Colonel Mason from his duties as Governor of Cal
ifornia.
twas with the advice of Colonel Mason) my
intention, assuming the direction of civil affairs
in this country, to complete the organization of the
existing government, at the same time to call
convention for forming State constitution or plan
OF territorial government to be submitted to Con-
gress for its approval But on further consultation,
it was deemed best to postpone all action on this
subject until could ascertain what had been done
in Congress. On the LIST inst, received reliable
information by the steamer Edith" that that body
had adjourned without organizing any territorial
government for this country; aud accordingly, on
the Sd inst issued my proclamation to the people
of California, defining what understood to be
the legal position of affairs here, and pointing out
the course it was deemed advisable to pursue in
order to procure new political organization, bet
ter adapted to the character and present condition
of the country. The course indicated in my pro-
clamation will be adopted by the people almost
unanimously, and there is now little or no doubt
that the convention will meet the first of Septem
Der next, and form State constitution, to be sub
United to Congress in the early part of the coming
session.
A few prefer territorial organization; but think
a majority will be in favor of State government,
TO avoid all further difficulties respecting the
question of slavery. This question will probably
be submitted, together with the constitution, to
direct vote of the people, in order that the wishes
of the people Of California may be clearly and fully
expressed. OF course, the constitutions plan Of
territorial government formed by this convention
have no legal force till approved by Congress.
On the receipt OF the treaty of peace with Mexico
doubt was entertained by portion Of the people
here respecting what constituted the legal govern
ment and laws Of the country. A few contended
that all government and all laws in California were
at end, and that therefore the people, in their
sovereign capacity, might make such government
and laws as they should deem proper. Accordingly,
in two Of the northern districts, local Legislative
assemblies were organized, and laws enacted for
The members Of the Sonoma assembly, however,
soon became convinced of their error, and that
body was dissolved. But in San Francisco, the
Assembly continued its sessions, making laws,
creating and filing Offices, imposing and collecting
taxes, without the authority, and in violation Of
law and finally went far TO abolish the Office
Of alcalde, whose records and papers wero seized
and forcibly removed from his custody. On re-
ceying Official information of these facts issued
my proclamation Of the 4th instant. Since then, /
have made personal visit to San Francisco, and
find that the more respectable members OF the so
called District Assembly are convinced Of the i'm
proprety Of the course pursued by that body, and
in very short time think all the difficulties will
be amicably arranged These difficulties arose in
part from misapprehension az 70 what constituted
the legal government Of the country, and in part
from the unpopularity Of the first slcaldc Of that
district, against whom serious charges had been
made. Unfortunately, there was at the time no
legal tribunal for investigating these charges and
there being other magistrate in that district,
could not with propriety remove him from office.
new election, however, will soon be held 10 sup
ply his place, and the organization Of the "supe
rior Court" the charges against him be pro-
perly investigated.
The publication OF portion Of the instructions
received from Washington respecting the govern
ment OF this country, and the disposition manifest
ed by the authorities here 10 enforce the existing
laws, have done much TO remove the erroneous
opinions which were for time entertained by a
portion Of the people Of California. The civil gov.
eminent Of this country has been, and will continue
10 be, administered the principle laid down by
the Supreme Court Of the United States viz: ION
the transfer Of the ccdcd territory, il has never
been held that the relations of the inhabitants with
each other undergo any change. Their relations
with their former sovereign are dissolved, and
new relations are created between them and the
Government which has acquired their territory.
The mere act which transfers their country,
transfers the allegiance Of those who remain in il;
and the law which may be denominated political
is necessarily changed. although that which reg
uIsics the intercourse and general conduct Of in.
dividosIs remains In force, until altered by the
newly created power Of tho State.
The treaty is the law OF the land, and admits
the inhabitants Of california; to the enjoyment
Of the privileges, rights, and immunitics Of cit
zens Of the United States. II is unnecessary to
inquire, whether this s not their condition. indie
pendent Of stipulation. They do not, however,
participate In political power; they do not share
in the government ill california; shall become
State. In the mean time, [Californial continues
10 be a territory Of the United States, governed
by virtue OF that clause OF the Constitution which
empowers Congress TO make all ncedfu rules and
regulations respecting the territory and other pro-
perty belonging to the United statcs''
When take into consideration the great mass
Of floating population Of the United States and of
other countries-people Of all nations, kindred,
and tonguce-which has been suddenly thrown
into this country, it must be acknowledged that