Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-04-18
WASHINGTON, March ODD, 1850.

dated the Sd of April last, | proceeded to
California by way of the Isthmus of Pana-
ma, and arrived at San Francisco on the
4th of June.
The steamer in which took passage was
the first conveyance that reached Califor
MIA with intelligence of the Inauguration of
President Taylor, and the appointment of
his Cabinet, aud that Congress had failed
TO aid the Executive in providing govern
ment for the people of that territory. The
greatest anxiety naturally felt and man
ifested to ascertain the cause of this neg
Iect on the part of the Government of the
United States, and what steps duty to them
selves required them TO take, in the pain
fui and embarrassing position in which they
were placed, for their protection and well
fare.
A brief sketch of their position will ex-
plain the cause of this anxiety.
The discovery of the gold mines had at
tracted very large number of citizens of
the United States to that territory, who had
never been accustomed to any other than
American law. administered by American
courts. There they found their rights of
property and person subject to the uncer-
tain, and frequently most oppressive, oper-
atious of laws written in language they
did not understand, and founded Oh prnci-
pies, in many respects, new to them. They
complained that the alcaIdes, or judges,
most of whom had been appointed or elect
ed before the immigration had commenced,
were not lawyers by education or profess
sion and, beng Americans, they were, of
course, unacquainted with the laws OF Mex
leo, or the principles of the civil Law on
which they are founded.
As our own laws, except for the collec-
ton of revenue, the transmission OF the
mails, and establishment of post Offices, had
not been extended over that Territory, the
laws of Mexico, as they existed at the con-
cusion Of the treaty Of Gaudaloupe HIdal-
90, regulating the relations OF the mia bit
ants OF California with each other, ueces>a-
rily remained ia force j. yet, there was not
single volume containing those laws, as
far as | know or believe, in the whole terri
tory, except. perhaps, III the GoHernor's Oh
fee, at Monterey.
The magistrates, therefore, could not
procure them, and the administration OF
Justice was, necessarily, as unequal and
iluctuatng as the opinions of the judges
were conflicting and variable.
There were no iee-bils to regulate costs,
and, consequently, the most cruel eXactions,
in many instances, were practlsed.
The greatest confusion prevailed respect
ing titles to property, and the decision OF
suits, involving the most important rights,
and very large sums Of money depended up
Oh the dictum of the Judge.
The sale of the territory by Mexico to the
United States had necessarily cut off or dis
solved the laws regulating the granting or
procuring titles TO land; and, as our own
land-laws had not been extended over it, the
people were compelled to receive such IT,
ties as were offered TO them, without the
means of ascertaining whether they were
valid or not.
Litigation was so expensive and precarl-
Gus, that iriustice and oppression we're fire.
quently endured, rather than resort to so
uncertain a remedy.
Towns and cities were sprlnglng into
existence-many of them without charters
of any legal right to organize municipal
authorities, or to tax property or the citi-
zens, for the establishment OF police, the
erection of prisons, or providing any OF
those means for the protection OF lille and
property which are so necessary IN all CIV
il communities, and especially among peo-
pie mostly strangers to each other.
Nearly one million and half of dollars
had been paid into the custom houses, as
duty on imported goods, before our revenue
laws had been extended over the country
aud the people complained bitterly that
they were thus heavily taxed without being
provided with government for their pro-
lection, or laws which they could under
stand, or allowed the right to be represent
ed in the councils OF the nation.
While anxlousy awaiting the action OF
Congress, oppressed and embarrassed by
tins state OF affairs, aud feeling the press
ing necessity OF applying such remedies as
were IN their power and circumstances
seemed to Justify, they resolved 10 substI-
tute laws OF their own Tor the existing sys-
TEN, aud TO establish tribunals ior their pro-
per and faithful administration.
In obedience, therefore, To the extraordl-
nary exIgencles of their condition, the peo-
pie of the city of San Francisco elected
members 10 form Legislature, aud clothed
them with lull power to pass laws.
The communities o. Sonoma and OF Sac
ramento city followed the example.
Thus were three legislative bodies or
ganized, the two most distant beng only
1870 miles apart.
Other movements of the kind were threat
ened and doubtless would have followed,
in other sections of the territory had they
not been arrested by the formation OF a
State government
While the people of California were look
ing to Congress for Territorial Govern
ment, ii was quite evident that such an or
ganization was daily becoming less suited
to their condition, which was entirely diff
ferent from that of any Of the Territories
out of which the new States of the Union
had been formed.
Those Territories had been at first slow
ly and sparcely peopled by few hunters
and farmers, who penetrated the wilder
ness, or Iaversed the pralries In search oil
See American Insurance Company ct al, Canter, LIST
PeieI.s Supreme Court Reports, 5i2