The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-02-08


Is a sublime but difficult task, requiring great
unanlmity, vigor and wisdom, In your councils
The first question you have TO determine Is,
whether you ilproeeed at once with the general
business of legislation, or await the action OF Con-
gress upon the question OF our admission INTO inc
Union The convention which formed the constl-
tuition under which you have assembled, and tne
people who have ratfedu with so great unanlmy,
have settled that question for themselves; but tey
have not settled il tor you or for me. The same
oath that you and have taken TO support the cen
stitution of California, also oblges us TO support
the constitution of the United States; ana wnea
the provisions OF the two instr umehts cohA'c' ue
constitution of our common country must prevail
That great instrument, which now governs more
than twenty million OF inhabitants, ana INKS In one
COMMON destiny thirty States, and Is to govern
the one hundred millions that VIII soon succeed
us and the many free States yet to be, must claim
puIest affections, and our nrst and highest
duty. If, then, II would be Inconsistent with the
lust rights of the United States. for you proceed
10 put the State government into full operation,
before she be formally admitted into the Union,
you should without hesitation forbear, and leave
people still to suffer on, rather than violate one
single principle OF the great fundamental law of the
land.
But apprehend there can exist no well founded
objections to the proposition that you have the right
To proceed at once 10 put the State machine into
full and practicable 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 reference the reserved
powers OF the States or the people, II has nothing
10 do. So far their reserved powers are con-
cefneO, Inc states are INDEPENDENT OF the general
government, Of each other, and of the whole world
The exercise of other powers conferred by the
stituuon OF California can in way interfere with
the rights OF the United States as they only assume
10 regulate our own internal, social, and business
relations with each other
Perhaps il may be satisfactory TO refer to few
examples to be found IN the constitutions of some
OF the new States. In the constitution of Missouri
adopted on the nineteenth day of July, eighteen
hundred and twenty three, is a provision that one
election should Ebe held throughout the State, on
D4 - h.
a Governor, Lieutenant Governor, member OF Con-
gress, members of the Legislature, and other off,
Gers The Legislature were required to meet on
the thlrd Monday OF September, and to pass laws
ot permanent character at their first session. 1t
is well known that the State was not admitted into
the Union upon the first application I; out the
meantime, so far as am enabled to state from in
formation, having no access to The records OF the
State, the State government was put into success
ful operation. Her members of Congress not
permitted 10 take their seats, and she excluded
tIom all voice In the national legislature but,
far as her mere internal relations concerned,
she had the same rights before that she had after
her admission.
In the constitution of Michigan adopted in con-
venion, began and he Id on the 18th day of May,
1885, 1t is provided that election be held for
Governor, Lieutenant Governor, members of the
Legislature, and repre- sentative in Congress, on
the FIRST Monday of October of the same year, and
The hrs NEE ting OF the Legislature held on the
1rst Monday OF November, ls3o In that year..
Congress was not in session after the 18th day of
March until the first Monday of December follow
ing, so that the State government of Michigan was
IN tull operation before application could be made
10 congress Tor her admission INTO the Union.
These reasons and presidents would seem TO
leave no doubt of your right TO proceed at once
with the great business oflegslaton, SO imperious-
~ demanded by the destitute and confused condI-
ton OF the country and would, therefore, most
earnestly recommend you 10 set about The great
and difficult task before you, without hesitation
delay.
Among the first and most important of your
duties, besides The local legislation necessary for
Inc State, VIII be the adoption of civil and crimi-
nal code OF law tor her government. This is an
object OF supreme Importance and 1t is the more
20 from the consideration that the action of the
hrst Legislature will hardly be disturbed by any
succeeding What shall be done now cannot
BE- touched or changed hereafter, but great cost
and inconvenience. The new State of California
is now IN position TO adopt the most improved
and enlightened code OF laws to be found in
any Of the States. The science of law is not
Yet fully perfected, and admits of some inn
proyement, aud IN our new position we can
readily adopt all the Improvements that the
researches and experience of others have made.
J have given the subjec my most careful attention
for some years past and as the result of my own
CONVICTIONS, ] recommend the adoption of the fol-
lowing codes, far they are applicable to the
condition Of the State and modified by the con-
stitullon or the vote Of the Legislature.
i. The definition OF crimes and misdemeanors
Confined IN the common law of England
2. The English law of evidence.
3. The English commercial law.
I. The civil code of the State Of Louisiana.
. The Louisiana code Of practice.
These codes, II is thought, would combine the !
best features Of both the civil and the common law,
portions of each The civil code of Louisiana was
compiled by the most able of American Jursts-
contains the most extensive and valuable references
TO authonues-has undergone no material changes
for the last twenty years-and for lis simplicity,
brevity; beauty, accuracy, and equity, is perhaps
unequslled.
Its provisions almost entirely relate to general
subjects, not local, and would be quite applicable
10 the Conditlon and circumstances Of the STATE.
The civil law, the basis ofthe Louisiana civil code,
aside from its mere political maxIms, and so far
only as II assumes to regulate the intercourse of
men with each other, Is system of the most re-
hned, enlarged and enlightened principles t equity
and justice. 10 great portion OF the cases that
Will eilse IN our courts, for some years 10 come,
must be decided by the principles Of the civil law
that the study Of ts leading features will be forced
upon our Judges and our members OF the bar. The
civil code OF Louisiana, being mere condemnation
81 the most valuable portion OF the civil law, would
greatly lessep the abors OF our ursts and practi.
TONERS; and from the simplicity, and yet c0mpre-
hensiye nature al Its provisions, general know
ledge Of the leading principles OF the law might
the more readily be dIfIus, among the people A
sufficient number Of copies 81 both the civil code
and the code Of practice, could BE- procured in New
Orleans, al much lees cost than they could be pub
hfhtd here.
The grave and delicate subject of revenue one
10 which ] would call your particular attention
From The best estimate | have been enabled to
maize, the current expenses of the state govern
mtn tor the tirst year, will reach half million Of
collars but most probably will exceed that sum.
THIS large 1mout can be raised only in two modes /
-eliher by loan, or by taxation. The first of these
modes - objectionable on many accounts. The
high rate ot interest which money readily COM
nards IN the markets Of California, would prevent
the state from negotiating a loan. except az such
eXOihtant rates would be ruinous To- herfltrre
pTosreri'y There can be TO policy, perhaps, more
Injurious 10 our young State. before hsr credit is
established or her resources developed. than that
system Of borrowing. which has proved so dsas-
iItus to 30 many new States AZ between indiu-
duUls. u is tediHgy doubtful whether the credit
system. urcn the whole. has produced most good
or ~ ost evil aud the objection applies. with much
greater force, to organized States or communities
There u scme thing wrong IN principle in the very
Icea OF entaihng our burthens upon posterty When /
state bortows money to construct some gre At and
permanent Improvement, and leaves future geners-
lions to pey tie cebt, she also leaves them the work