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

lAture there be no question that the existing
laws Of the country must continue in force till re-
placed by others made and enacted by competent
power That power, by treaty Of peace as well as
from the nature Of the case, is vested in Congress
The situation of California in this respect Is very
different from that of Oregon The latter with
out laws, while the former has system of laws,
which, though somewhat defective, and requiring
many changes and amendments. must continue in
force till repealed by competent Legislative power
The situation of California 10 almost identical
with that Of Louisiana. and the decisions Of the
Supreme Court, in recognising the validity Of the
laws which existed In that country previous to it,
annexation to the United States. where not incon-
sistent with the Constitution and laws of the United
States, repealed by Legitimate Legislative enact
ments, furnish clear and safe guide In our pre-
sent stuation is important that citizens should
understand this fact, SO as not TO endanger their
property and involve themselves in useless and cx
pensive litigation, by giving countenance TO per-
sons claiming authority which is not given them by
law, and by putting faith in laws which can never
be recognised by legitimate courts.
As Congress has failed to organize new terri
torial government it becomes our imperative duty
to take active measures to provide for the
isting wants of the country. This, il il thought,
may be best accomplished by putting in full vigor
the administration of the laws they exist and
completing the organization of the civil govern
ment by the election and appointment of all officers
recognised by law; while, at the same time, a con-
vention, in which oil parts Of the Territory are
represented, shall meet and frame State constitu-
ton territorial organization, to be submitted
the people for their ratification, and then proposed
to Congress for its approval. Considerable time
will necessarily elapsc before any government
can be legtimately organized and put in operation
In the interim the existing government, il its or
ganization be completed, will be found sufficient
for all our temporary wants.
brief summary Of the organization Of the pres
cnt government may not be embarrassing. It con-
siss: let, Of governor, appointed by the Supreme
Government; in default Of such appointment the
Office is temporarily vested In the commanding mil
itary officer of the department. The powers and
duties of the governor Of limited character,
but fully defined and pointed out by the laws I'd.
secretary, whose duties and powers arc also pro-
perly defined Sd. A territorial or departmental
legislature, with limited powers to pass laws Of a
local character. 4th. superior court Tribunal
SUPERIOR of the Territory consisting Of four judges
and a fiscal. 9th. project and sub projects for
each district, who charged with the preserva-
ton of public order and the execution of the aws
their duties correspond, in great measure with
those of district marshals and sherfs. 9th Judge
of first instance for each district. This Office is by
custom not inconsistent with the laws, vested in
the first alcalde Of the district 7th Acaldes who
have concurrent jurisdiction among themselves in
the district, but subordinate to the higher
judicial tribunals. Sth Local Justices Of the peace
9th. Ayuntamientos, town councils. The powers
and functions of all these officers are fully defined
in the laws Of this country, and almost identi-
cal with those of the corresponding officers in the
Atlantic and Western States.
In order to complete the organization with the
least possible delay, the undersigned, in virtue of
power in him vested, does hereby appoint the first
of August next as the day for holding special eec
ton for delegates to general convention, and for
filing the offices of judges of the superior court,
projects and sub-prefects and all vacancies in the
offices of first alcalde, Tor judge of first nsiance,)
alcaldcs, justices of the peace, and town councils
Theudges of the superior court and district prefects
are by law executive appointments, but being de-
sirous that the wishes of the people should be fully
consulted, the governor will appoint such persons
may receive the plurality of votes in their re-
spective districts, provided they are competent
and eligible to the Office Each district WILL there
fore, elect project and two sub prefects and fill
the vacancies in the Offices of first acalde Tor Judge
of first instsnce,) and of alcaldes.
One judge Of the superior court will be elected in
the districts Of San Diego, Los Angeles, and Santa
Barbara; in the districts of San Luis Obspo and
Monterey; ope in the distrcts of San Jose and San
Francisco and in the districts of Sonoma Sacra
mento, and San joaquin The salaries Of the judges
of the superior court tie projects, and judges of the
first instarce, are regulated by the governor, but
cannot exceed for the first $4,000 per annum,
for the second $4,000, and for the third 8 500.
These saaics will be paid out Of the civil fund
which has been formed from the proceeds of the
customs, provided no instructions TO the contrary
arc received from Washington. The law requires
that the judges Of the superior court meet within
three months after its organization, and form a
tariff of fees for the different territorial courts and
legal Offices, including all alcaldes justices Of the
peace, shcnfs, constabcs, &c.
All local acaldes, justices Of the peace, and men,
bers OF town councils elected at the special cleo
ton, will continue in Office till the LIST January,
1850. when their places will be supplied by the per-
sons who may be elected at the regular annual
election which takes place in November, at which
time the election Of members to the territorial As
scmbly will also be held.
The general convention, for forming a State
constitution plan for territorial government
will consis Of thirty seven delegates who will
meet in Monterey on the first day Of September
next. Thee delegates will be chosen as follows:
The distinct Of San Diego will elect two delegates
Of Los Angeles four, Of Santa Barbara two, Of San
Luis 0bisPD two, of Monterey FIVE, Of San jose fve
Of San Fraacisco FIVE, of Sonoma four of sacramen-
to four. Of San Joaquin four. Should any district
think itself entitled to a greater number Of dele
gates than that above named, IL may elect super
numcrares, who, on the organization OF the con-
vcntion will be admitted not, at the pleasure Of
that body.
The places for holding the election will be fol-
lows: San Diego, San Juan Cspistrano, Los Ange-
les, San Fernando, San Bucnsventura, Santa Bar
bara, Nepoms, San Luis obispo. Monterey, San
Juan Bautiste, Santa Cruz, San Jose de Guadalupe,
San Francisco, San Rafael, Bodegs sonoma, BENZ
cia (The places for holding election in the sacrs-
merto and San Joaquin districts viii be hereafter
designatcd.) The local alcaldcs and members Of
the ayuntamientos town councils will act as
judges and inspectors Of elections. In case there
should be less than three such judges and inspectors
present at each Of the places designated the day
Of election, the people win appoint some compe-
tent persons TO fill the vacancies The polls will be
open from 10 o'clock, a. m. 10 p m, until
set II the judges deem IL necessary.