The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-02

is taken is dated August z, ls4e. No mill
tary government, il will be observed, is pro
jected. The civil officers will continue in tn,
exercise Of their functions as heretofore; where
vacancies exist or may occur, they are to b,
| oiled by regular elections held by the people
Of the several towns and districts; the existing
laws of the country aeM necessarily continue i,
force till others are nude 10 supply their place.
But Colonel Mason was disappointed in his
belief that, at the date Of his proclamation
Congress had already passed an act organizing
a Territorial government for California AS is
well known, no such act was passed. The ex-
istlng condition of things in California had u
continue. In March, lS49, General TAYLOR
was inaugurated President of the United States
''On coming into Office" says the PRESIDENT,
January Il, 1850, IL found the military com
mandant OF the department Of California exer-
cising the functions Of civil governor in that
Territory; and left, as was, to act under the
treaty Of Guadalupe Hidalge, without the aid
Of any Legislative provision establishing gov
ernment in that Territory | thought it best not
to disturb that arrangement, made under my
predecessor, until Congress should take some
action on that subject"
When it was known in California that the
last Congress had adjourned without providing
government for the Territory, movement
was put on foot for calling convention and
framing State government, with the view to
apply for admission into the Union The ne
cessity of the case seemed to leave no alterna-
tive. General RELY, then in command and
exercising the functions of civil governor, is
sued a proclamation on the third Of June, lS49.
calling convention of the people. The sub
sequent results need not be recaptulated.
The course of things in New Mexico has
been analogous. The people of that Territory
having twice applied for territorial govern.
ment in vain, and being now menaced by
Texas, have taken the step also Of assembling
in convention TO frame State constitutions SO
we learn from proclamation signed by Col
MUNRoE, and dated April %, 1850.
In the failure by Congress to provide govern
ments for the territories, it is difficult to see
what other course could have been pursued than
that which was followed. 1t would not have
which was in force at the close OF the war, be
fore another was substituted in the place of it,;
and as Congress failed from time to time to pro
vide another, the people in their primary capa-
city have undertaken to act for themselves Mr..
CAss admits the right of people ''to establish
government for themselves, where none is es-
tablished for them by competent authority"
but he adds, .'it is the first time in our history
that the sword has been thrown into the scale.
and the people have been taught by military
authority what to do.'
We do not admit that the facts in the case
warrant this rhetoric Neither in California
nor in New Mexico did the Governor exercise
any other than 4 reoommendatory power,
which, if it mad not been in accordance with
the popular will, would have been of no effect
No military influence was used in any way.
When domestic wants and exigencies of a M
htical nature move people to take soue steps
for their own better government. they being
neglected by the supreme Government. the
concurrent action Of the existing local authori
ties is very properly invoked convention
ritoral organization; it may assemble and frame
State constitution; but nothing 50 done can
have validity until it shall have finally been
recognised and sanctioned by Congress Eve
ry thing SO done in advance is preliminary
and provisional, and involves only the exercise
of primary rights. We are happy to have
the concurrence of the Union in this view.
when Congress neglects to provide Govern
ment for a territory" says the Union of Jan
uary %, 1850, eve are not prepared to say
that the people may not, Of their oun voluntary
lciH establish provisional government-and
such must be the character Of State goucrn-
ment us forn,-before it is assented to by the
Congress of the United States
But with regard to the fgurative phrase by
the distinguished Senator from Michigan, that
1.-The sword has been thrown into the scale, and
the people (of the Territories) have been taught
by military authority what TO do, ;" we may re-
fer, in further illustration of the governments in
that quarter, TO a speech delivered in the House
of Representatives on the 10th ultimo. by Mr.
GENTRY of Tenncssee--an admirable speech
both in substance and expression. Mr.. GEN
TRY abiding to these governments said:
Nothing like military government exists in
either Of those Territories. The military arm OF
the United States is there to protect, rule.
The Secretary of War in his annual report, refer
ring to the delicate duties imposed upon the army
by the peculiar state of things existing in Califor-
mia and New Mexico, says, zone Of its assigned
duties is TO aid civil functionares when required
in the preservation Of public tranquility and, in
communication addressed to Gen Reilly, acting
civil governor ofCsliforna, dated June &C. ls49, he
says
"rt is equally true that all laws existing and Of
force in California at the period of the conquest
still operative with the limitation that they not
repuRnsnt To the Constitution and laws Of the Uni
ted States. In my opinion these constitute the
whole code of laws Of force in California
should add, that this opinion does not infringe on
the right Of communities TO make necessary regu-
lstions for the police and security Of persons and
property. Such regulations must necessarily bs
temporary, as they are presumed to be VOLUNTARY
and designed 10 meet emergencies and difficulties
which the sovereign power will take the earliest
occasion TO remove