The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-31
cALISoRsIa.
REroRT OF HON. I. BUrLEa KING


The steamer IN which took passage was the first con-
yeyance that reached California with intelligence OF the
Inauguration OF President Iay o and the appointment oil
his cabinet and that Congress had failed to aid the Exec
uve in providing government for the people OF that
Territory. The greatest anxiety was naturally fet and
manifested to ascertain the cause o. 6s neglect On Inc
steps duty themselves required them 10 take IN Inc
painful and embarrassing position in which they were
placed. for their protection and welfare
brief sketch OF their condition will explain the cause
OF this anxiety.
The discovery Of the gold mines had attracted very
large number OF citizens OF the United States to that Ter
roy who had been accustomed to any other than
American law administered bv American courts. There
they found their rights Of property ann person anhec to
the uncertain and frequently mos. oppressive operation
Of laws written in language they did not understand,
and founded on principles, In many respects, new TO
them. They complained that the acaldes, or Judges,
most OF whom had been appointed or elected before the
cation or professon and, being Americans they were.
OF course with the laws Of Mexico, the
principles Of the civil law which they are founded
AS laws except for the collection oil revenue
the transmission OF the mails and establishment of post
Offices had not been extended over that Territory, the
laws OF Mexico o. they existed at the conclusion OF the
the inhabitants of California with each other necessarily
remained in force !. yet, there was not single volume
containing those laws, as tar as know or believe IN the
whole Territory, except perhaps, in the governors Office
The magistrates therefore could not procure hem and
the administration Of justice necessarily unequal
and auctuang as the opinions OF the judges were con-
There were no fee bills regulate costs, and conse
quenty the most cruel exacons in many instances were
practised.
The greatest confusion prevailed respecting titles 10
property, and the decision of suits, involving the most
important rights and very large OF money depended
upon the dicum OF the Judge.
had necessarily cut of dissolved the laws regulating
the granting procuring titles to land and. as our own
laws had not been extended over it, the people were
compelled to receive such titles offered to them,
without the means OF ascertainng whether they were
valid or not
Litigation was 50 expensive and precarous, that in.
Justice and oppression frequently endured rather
than resort to so uncertain remedy.
Towns and cities were springing into existence many
of them without charters any legal right to organize
municipal authorities to tax property or the citizens
for the establishment OF police, the erection of prisons,
providing any of those for the protection OF life
and properly which are SO necessary in all civil commu
mites, and especially among people mostly strangers to
each other
Nearly one million and half of dollars had been paid
into the cusomhouses duties imported goods, be-
fore revenue laws had been extended over the coun
try and the people complained bitterly that they
thus heavily taxed without being provided with gov
ernment for their proectlon laws which they could
understand allowed the right to be represented in the
councils OF the nation.
While anxiously waiting the action OF Congress, OPP
pressed and embarrassed by this stale of affairs and feeling
the pressing necessity OF applying such remedies as were
their power and circumstances seemed justify they
resolved substitute laws Of their for the existing
system, and to establish tribunals for their proper and
faithful administration
In obedience therefore, to the extraordinary sxgences
OF their condition. the people OF the city OF San francisco
elected members TO form alegisature and clothed them
with full powers 10 pass laws
The communities vi Sonoma and OF Sacramento city
followed the exarspIe
Thus were ihfse legislative bodies organized the
two most distant being only one hundred and thirty miles
apart
Other movements Of the kind were threatened. and
doubtless would have followed in other sections OF the
territory had they not been arrested BY the formation OF
While the people Of California were looking to Con-
gress for territorial government, 1t was quite evident
that such an organization was daily becoming less suited
their condition, which was entirely different from that
OF any OF the Territories out OF which the States of
the Union had been formed.
Those Territories had been al first slowly and sparsely
peoped by few hunters and farmers, who penetrated
the wilderness, or aversed the prairies in search Of
game home and, when thus gradually their pop
uiation warranted II, government was provided for
them. They. however, had no ioregn commerce, nor
the various branches Of business which usually accom-
pany u, 10 induce immigration within their borders. Sew
era years were required TO give them sufficient popua
hon and wealth to place them in condition 10 require, or
enable them 10 support, State government
Not 50 with California. The discovery OF the vast
metallic and mineral wealth in her mountains had already
attracted 10 her, IN the space of twelve months,
than one hundred thousand people; an extensive
merce bad sprung with China, the ports Of Mexico
The Pacihc, Chill, and Australia.
Hundreds OF vessels from the Atlantic ports OF the
Union, fregbted with manufactures and agricultural
products, and filled with our fellow citizens, had
nvedsor were on their passage round Cape Horn so
that IN the month Of June last there were more than
three hundred seagong vessels in the port OF San Fran
cisco.
California has border on the Pacific OF ten degrees
of latitude, and several important harbors which have
never been surveyed; nor is there buoy beacon,
lighthouse, or a fortihcaton, on the whole coast
There are no docks for the repair OF national
camille vessels nearer than New York, distance OF
some twenty thousand miles round Cape Horn.
All these things together with the proper regulations
Of the gold region, the quicksilver mnes the survey and
disposition Of the public lands, the adjustment OF land
tails, required the immediate formation OF more perfect
civil government than California then had and the oster
ing care oil Congress and the Executive.
California had, as II were by magic, become State
OF great wealth and power One short year had given
her commercial importance but little inferior to that of
her minority al single bound, and might Justly be re-
garded as fully entitled TO take her place an equal
among her sisters OF the Union.
when, therefore, the reality became known to the peo
eo that Territory, that the had done moth
ing 10 relieve them from the evils and embarrassments
under which they were suffering, and seeing proba
mhy OF any change the subject which divided Con-
gress, they adopted with most unexampled unanimty
ana pomptude, the only course which lay open TO
mem-the immediate formation OF a State government.
lhey were induced TO take this step not only for the
reason that promised the most speedy remedy Tor pres
ent dncues, but because the great and rapidly growing
interests OF the Territory demanded il and all rejecting
and could not under any circumstances be much longer
postponed
They not only considered themselves best qualified, but
nal they had the right to decide far they were con-