The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-09


ness OF the country have been reyolutionzed and
versed-the population increased beyond all expec-
| tation--commerce extended-our ports hlled with
shipping from every nation and clime-our com
mercial cities have sprung up as II by enchant-
| ment-our beautiful bays and placid streams now
navigated by the power of steam; and amidst all
this unprecedented hustle and excitement the en-
ergetic intrepid, and sensible people OF California
| have framed a constitution for State-the
| Pacific star.
You have assembled as the representatives Of the
people to put the State government into practical
operation; and the duty you have before you is a
sublime but difficult task, requiring great unanim-
| ity, vigor, and wisdom in your councils:
The first question you have to determine is, whe-
ther you will proceed at once with the general bust
of Legislation, or await the action of Congress
| upon the question Of our admission into the Union.
| The convention which formed the constitution
| der which you have assembled, and the people who
have ratified il with great unanimity, have set
tied that question for themselves; but they have not
settled it for you or for me. The same oath that
you and have taken to support the constitution of
| California also obges TO support the Constitu-
ton of the United States; and when the provisions
OF the two instruments conflict, the Constitution of
| our common country must prevail. That great in
| strument, which now governs more than twenty
millions OF inhabitants, and links In one common
destiny thirty States, and is to govern the hun
dred millions that will soon succeed and the many
| free States yet TO be, must claim purest affec-
| tons, and our first and highest duty. IT, then it
| would be inconsistent with the Just rights of the
United States for you to proceed to put the State
government into full operation before she be for
mally admitted into the Union, you should without
hesitation forbear, and leave people still to suf-
fer on, rather than violate single principle of
the great fundamental law of the land.
| But apprehend there exist no well founded
objections to the proposition that you have the right
To proceed at once to put the State machine into
full and practical operation The Federal Govern
ment is one of limited delegated powers, and al
though supreme within it's appropriate sphere, yet
outside that sphere and in reference to the reserved
| Or haan In
do. So far their reserved powers are concerned,
the States are independent of the general Govern
ment, of each other, and of the whole world. The
exercise Of other powers, conferred by the consti-
tuition of California, can in way interfere with
the rights Of the United States, they only
to regulate our own internal, social and business
relations with each other.
Perhaps it may be satisfactory to refer 10 a few
examples to be found in the constitutions of some
of the States. In the constitution of Missouri
4 adopted on the nineteenth day of July, eighteen
hundred and twenty three, is provision that one
election should be held throughout the State, the
fourth Monday of August of the same year, for
Governor, Lieutenant Governor, members of Con-
gress, members of the Legislature, and other officers
The Legislature were required TO meet on the third
Monday of September, and to pass laws of per-
manent character, at the frat session. It is well
known that the State was not admitted into the
Union upon the first application; but in the mean
time, far as am enabled to state from informa-
tion having access to the records of the State the
State government was put into successful opera
ton. Her members of Congress were not permitted
to take their seats, and she excluded from all
voice in the national legislature; but, far her
more internal relations were concerned, she had
the same rights that she had after her admis-
sion.
In the constitution of Michigan adopted in con
vention, begun and held on the 1lth day Of May,
1885, is provided that election be held for gov
ernor, lieutenant governor, members OF the legis-
lature, and a representative in Congress, the
first Monday in October, of the same year. and the
first meeting of the legislature held on the first
Monday Of November, 1885. In that year Congress
not in session after the 4th day of March until
the first Monday of December following, so that
the state government of Michigan was in full oper
alton before application could be made TO Congress
, for her admission into the Union.
These reasons and precedents would to
leave doubt OF your right to proceed at with
the great business OF legislation, imperiously de-
manded by the destitute and confused condition of
the country; and would therefore most earnestly
recommend you to set about the great and difficult
task before you, without hesitation or delay
Among the first and most important of your du-
ties besides the local Legislation necessary for the
State, will be the adoption of civil and criminal
code of law for her government. This is an object
OF supreme Importance; and il is the more from
the consideration that the action of the first Legs-
laturc will hardly be disturbed by any succeeding
one. What shall be done now, cannot be touched
changed hereafter but at great cost and incon-
vcnience. The new State Of California is in a
position TO adopt the most approved and enlight-
ened code Of laws TO be found in any of the States.
admits OF some improvement, and in our posi-
ton we readily adopt all the improvements
that the researches and experience of others have
made. have given the subject my most careful
attention for some years past; and the result Of
my own convictions, recommend the adoption of
the following codes, so far they applicable TO
the condition of the State, and not modified by the
constitution or the vote Of the Legislature.
l. The definition of crimes and misdemcanors
contained in the common law of England.
2. The English law of evidence.
3. The English commercial law
4. The civil code of the State of louisiana
5. The Louisiana code Of practice.
These codes, IL is thought, would combine the
best features Of both the civil and the common law,
and at the same time omit the most Objectionable
portions of each. The civil code of Louisiana was
compiled by the most able of American iurists-
contains the most extensive and valuable references
70 authorities-has undergone no material changes
for the last twenty years-and, for its simplicity,
brevity, beauty, accuracy and equity, is perhaps
unequaled.
Its provisions almost entirely relate To general
subjects, not local, and would be quite applicable
TO the condition and circumstances Of the State.
The civil law, the basis of the Louisiana civil code,
aside from its mere political ma1ims, and 20 far
only as IL assumes 10 regulate the intercourse Of
men with each other, Ne system OF the most
fined, enlarged and nlightened principles Of cqui-
ty and justice. So greet portion Of the cases that
will arise in courts, for years 20 come,
must be decided by the principles Of the civil law,
that the study Of its leading features will be forced
upon our judges and our members Of the bar. The
civil code Of louisiana, being a condemnation
of the most valuable portion Of the civil law, would
greatly lessen the labors Of our juriss and prscti
TONERS; and from the simplicity, and yet compre-
hensye nature OF It's provisions, general know
ledge Of the leading principles Of the law might the
more readily be diffused among the people.
sufficient number Of copies Of Both the civil code
and the code Of practice could be procured in New
Orleans at much less cost than they could be pub
lishcd here.
The grave and delicate subject Of revenue is one
20 which would call your particular attention.
From the best estimate I have been able 10 make,
the current expenses Of the State Government for
the first year will reach half million Of dollars,
but most probably viii exceed that This
large amount can be raised only in two modes
either by loan or by taxation. The first Of these
modes y Objectionable many accounts. The
high rate Of interest which money readily com
mands in the markets Of California would prevent
the State from negotiating loan except at such
cxorbitant rates would be ruiDous 10 her future
prosperity. There can be no policy, perhaps, more
injurious TO our young State before her credit u es