The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-01-23


under his proclamation, which issued on the
7th of August, s4s-the next day after the ineili-
gence reached him that peace had been restored
between the United States and Mexico This pro-
clamation was communicated TO the Department on
the 22d of November, lS4s, and its receipt ac-
knowledged by the proper bureau ON the z'th OF
January, lS49, without any comment.
On the 18th Of April, 1S49, this ofhcer was re-
lieved of his command in California, and was
ceeded bv Brevet Brieader General Riley. At this
period 1t appears to have been the purpose of this
latter officer with the advice of his predecessor, to
have secured to the people Of that Territory far
Their enjoyment of tho laws, customs and usages
applicable to their condition and wants, and at the
same time to have provided for the organization Of
a government, such as is contemplated by the
ninth article of the treaty of Guadalupe Hidalgo
and the Constitution of the United States. The
cause of delay in executing the purpose of this Off
cor fully explained by the following extract from
communication from the commanding general
of the Pacific division, dated January 20. is49 to
this Department:
.Under the hope that some act of the last Con-
gress had provided, or at least defined, the gov
eminent of California, it was thought prudent to
await intelligence Of tho close of the session, and
then, if nothing had been done at Washington, to
put in action the machinery Of the laws already
existing here and at the same time propose to the
people of California to form State constitution,
and present it at the next session of Congress,
when their admission into the Union as State
would Mt once solve many difficulties; and,
while it removed cause of disagreement at
home, would give them an opportunity Of legis-
lating for themselves
"The steamer Edith has been sent to Mazatlan
for the necessary intelligence and, on her arrival
with information that no other than revenue
law had been passed, General Riley issued pro
caination for the election of the necessary
tive and judicial officers under the existing laws,
and recommending, at the same time, the election
of delegates to convention to form State con-
stitution. Mr.. King arrived at the time these
procamations were about being issued, and it
was matter of great congratulation that the Gov
eminent, by anticipation, had approved OF the
| latter measure. Every means will be used to
give the people of California opportunity Of ex
pressing their wishes on this point, and of bring
: ing the matters to happy conclusion"
| The necessity of civil government in California
adequate to protect and control its increased popu
lation, composed of persons who had iocked from
all quarters of the globe, daily rendered moro
apparent. The common employment in which
every interest directly or remotely connected,
and of mass 80 dissimilar in habits and langua ges,
and probably part not without lively sense of
| an exclusive enjoyment, showed the absolute want
of an authority capable Of upholding public and
private rights. Indeed this want obvious
and urgent that Legislative assemblies were estab-
shed in several districts of California and by their
| authority the existing customs and laws, already
adverted to, were attempted to be superseded. The
| whole plan was considered irregular, and would,
| in the end, have been dangerous to the public
peace and the public interests.
The first duty Of the army was to execute the
| order of March Is, lS4s, "to take with a
view TO its (California) permanent occupation;''
and the second, in my opinion, to separate, as
far as practicable, the citizens from the control OF
martial law. The executive powers exercised by
the two commanding officers in California were
varied only by the emergencies they arose,
which may be seen by their several reports on the
civil affairs Of that territory In their respective
administration each has endcavored to avoid the
application Of the principles and practices of mill
tary law.
Respectfully submitted,
| G. w. CRAWFORD.
To the PRESIDENT.
II will be seen from this letter that the
exercise of civil authority, after fhe peace
in California, was first assumed by Brevet
Brigadier General Mason. The day after
the intelligence that peace had been made
reached him, he issued his proclamation
notifying the people that he intended to
continue the exercise of the civil authority
Heretofore vested in him.
The records Of the war Office furnished
abundant evidence of what sort of civil
authority this was. General MASON had
discharged the highest duties of civil gov
ernor. He appointed collectors, port war
dens, notaries public, alcaldes, harbor
masters, sc. He organized State de-
partment, Of which Brevet Captain H. w.
HALLEcK was secretary. Indeed, he dis
charged the functions and duties common
10 the Office of civil governor.
This proclamation and the records ofthe
acts of General Mason, as civil governor,
after the peace, were received at the De
partment OF War before the opening ol
the session OF Congress Immediately pre-
ceding the expiration Of President PoLK's
term Of service. On the 9th Of January,
when time had been enjoyed for the con-
sideration Of General MAsoN's assump-
ton of power, after the peace, the receipt
Of his despatch was acknowledged in a
communication which 'sfailed TO disavow
and thereby recognised his action in that
behslf,'' on the part Of the last admins
tration.
When General Riley relieved Briga.
der General Mason, he assumed precisely
the powers which his predecessor excr-
cised with the assent Of President PoLK's
administration.
The extract contained in Mr.. CRAw
PoRD's letter, from despatch from Major
General SMITH, Commanding General Of
the Pacific division, informs us that the
machinery Of the laws in existence in Cal
ifornia, and measures for the formation Of
State constitution, were in progress be-
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