The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-11

| inc privileges ana lmmunltles winch may De clnim-
ed by the Inhabitants OF any one OF the States.
After the reception of the treaty, Governor Ma
son, Tor reasons which the committee have not had
an opportunity 10 examine, determined TO continue
the collection OF revenues in this country
Ii Is the opinion, however of the committee that
the power OF authorizing such collections was de-
| rived either from the Government Of the United
States, or from the people of California.
Congress never established government in the
Territory, nor did they legislate with regard to it
until long after the close OF the war, and then only
by giving the sanction Of latc to the taTafi0n of
people entirely urewesented in the national councils
If the Executive Of the United States previous to
the action Of Congress- had any reason for the
else Of the extraordinary powers of legislation that
reason could only be founded upon the absolute
cessity arising from the anomalous condition Of the
I country. But surely such necessity could not be
construed TO require the collection of money
than sufficient TO defray the expenses of the local
government actually existing, and it is but justice
that any surplus should be paid into the treasury
OF the State government created by those from whom
| il collected. Governments derive their Just
powers from the consent of the governed"
| The people Of California, actuated by a sense of
the necessity of some government, and willing to
pay for that government, acqesced in the exercise
OF the power of taxation, as well as many other
powers, by the civil ruler. In the absence of any
recognition OF their existence by Congress, they
had never parted with the right Of self government,
which was alienable only by their will; and
in the exercise Of this right they permitted the
Governor de facto to assume powers which, by the
sanction of the people, enforced prior 70 the
adoption OF the State constitution.
This contract was acknowledged by the ruler
and the ruled 1t was recognised by the people by
their acquiescence in those measures adopted by
the civil governor, and by their uniform responses
at elections. This tacit agreement also recog-
Missed by the Governor by his studious adaptation
OF his measures to the genius of the people, by his
frequent appeals to the popular voice. by his recon-
mendation of convention and the steps which led
to the assembling of that body, and by his resigna-
ton ofail civil authority to the individual entrusted
thar ofinffa sa1rH Of
ernor under written constitution.
The committee believe that it is but fair to refer
to the manner in which the civil fund was used, as
a virtual admission that the derivation of the power
to disburse their money, like that of the other pow
ers to which allusion has been made, was the
sent Of the people Themselves. '.All orders and
sPondence relating to the collection and dsburse-
ment of the fund.- says the late Secretary of State
"were regarded as civil, and recorded in the
chives of the civil government"
"The disbursements from this fund have been
almost exclusively for the benefit of the civil gov
ernment."
The convention, assembled at Monterey, acting
in the name of the people, appropriated money
from this fund for the payment of their contingent
expenses, for the payment of per diem and mile
age to themselves and of salaries to certain officers
of the provisional government
If, then, the "civil fund" was collected and dis
bursed by authority of the people, in the full
else OF the right OF self government it legally
collected and disbursed, and belongs of right to
them.
With regard to the moneys collected in Califor
mia, since the collectors, appointed under the law
of Congress extending the revenue system of the
United States over this country, installed in
office, the committee have but one remark to make.
They cannot believe that the people of this State
are willing to concede that the government at
Washington possesses any power to tax those to
whom they have allowed no representation, and for
whom they have provided no laws. If the persons
collecting these duties are authorized in their pro-
ceedings, it Is by the like consent Of the people,
and the money thus collected is theirs.
In other words the committee suggest the opin-
ion that the persons thus employed really not
officers of the U. S. government but agents of the
people of California. But if the government of the
United States has power to extend system of tara
alton sovereignty with which it has formed no
political connection, other than that flowing from
treaty with third party, conveying the territory
occupied by the sovereignty, the exercise of such
power contrary to the spirit of free institutions,
and can only be exercised upon the ground of
clear necessity: is but justice that the fund thus
collected should be turned to the people by
whom it was paid and expended by them and for
their benefit
With these remarks, the committee ask leave to
lay the matter before the House for their consider
alton; and inasmuch joint resolution of in
structons TO the Senators representing this State
has been presented to the Assembly, the disposition
of which is yet undetermined covering substan-
TALLY the same ground the memorial which, by
the second clause Of the resolution, they in
structed to report they ask leave to be discharged
from the duty ofdrawing up such memorial.
All of which is respectfully submitted.