The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-01-14
The Constitution or caIIforni..


In an article on this subject in November last,
upon sufficient authority, we pronounced GER
tain statements made by the New Orleans
Delta in reference 10 the proclamation of Gene
raj RILEY in California TO be entirely unbound
ed. The following letter, which we have since
received from the gallant old General himself,
very ehectually dsposes of the impotent en-
deavors TO give color of real existence to a
matter which never had any foundation what
ever in fact:
To the Editors Of the Washington Republic:
GENTLEmEs; Myattention has been directed to an
editorial in your paper of the goth ult headed sThe
California Constitution and Mr.. King" in which 10
quoted article from the New Orleans DELTA on the
subject of Executive interference in the forma-
ton of the State government of California. This
matter supposed had been put to rest long ago,
by the publication of the California spondence;
nor would now notice it, or do any thing which
may have the appearance, or be considered
attempt, to revive controversy upon question
which has already been settled in the minds of the
intelligent and unprejudiced portion of all parties,
were it not for the grave and positive assertions
made in this article conflicting with my own pre-
vious statements, and published as they have been,
on the authority of person who alleges that " he
seem, must speak knowingly and "by the book"
The Delta, in commenting on the statement of
Commodore JONES, in relation to the time my
proclamation issued calling the convention,
says:
at is true that General Riley's proclamation was
issued before the steamer on which Mr.. T. Butler
King was arrived at San Francisco. But pre-
viously this steamer the Panama, had touched at
San Diego from which place letters and instruc-
tons were despatched to General Riley, at Mon
terey, which WERE RECEIVED AND READ PREVIOUS
to the issuing of General Rileys proclamation re-
commencing the formation of State govern
ment. This fact was communicated to US by Mr..
Patrick Barry, member of the bar of California,
formerly of this State, and mho acted as General
Riiey's legal adciser IN the matter. He the
communications of the President in the hands Of
General Riley before the latter issued his procla-
nation. This fact well known to Mr.. King,
and we marvel much that he did not state it in
his publication, in which he denies that he
cised any influence in the formation of the State
government Of California"
The whole of this statement, which saw in your
paper for the first time few days SINCE is untrue,
from beginning to end and so now pronounce it.
How Mr.. PATRICK BARRY can reconcile the informa-
ton furnished by him to the Delta, with proper
regard Tor the truth OF the case, Is matter which
shall leave him TO determine. The paragraph
quoted bears evidence within itself of its fasity;
and how SO keen and discriminating a lawyer
Mr.. BARRY ought to be, and we'll acquainted as
he should be with California, could get up his story
30 clumsiy, is to me matter of great surprise.
To prove that did receive instructions from the
late administration, and got them too, before Mr..
KING (who bore the news Of General TAYLoR's in
auguration) arrived at San Francisco, MIR. BAnRY
tells the editors of the Delta that these instructions
were landed at San Diego, and sent to at Monte
rey Now, to show how perfectly absurd such state
ment is, will merely say, that if there had been
such instructions for me- and such course had been
pursued in sending them to me, it would have
quired from agM to ten days for me to have re-
ceived them at Monterey; and they could not posi-
bly, have reached me until some -four sic days af-
Ter Mr. KING arrived at San Francisco This would
have been the case for the simple reason, that by
the steamer the trip from San Diego to San Fran
cisco is usually four or at most but five days, while
by land 1t requires journey Of eight or ten days
to reach Monterey from San Diego.
AS to Mr.. BARRY's ever having seen any instruc-
tions to me from the late administration, in regard
to the course Twas to pursue in California received
before the issuing of my proclamation, and his acting
as my legal adviser in the matter, think it scarcely
worth while to say any thing to those with whom
am acquainted; but to others, who may be deceived
by the positive manner in which these assertions
are made, would remark, that here again Mr..
Barry has been extremely unfortunate. The ex-
perience OF thirty-eght years service devoted to
my SouHuy WOulu nave DCcn worse tnan useless,
had /, after having received instructions from my
Government, asked taken advice, as he init
mates did, to Whistler or not should follow
them. am too old soldier to ask legal ad-
vice (by this mean a lawyers advce) to whe-
Their should obey the instructions receive from
those who, by the laws of my country, are placed
over me. knew my duty too well-and, after
having received instructions, no advice ia needed.
They arc my guide, unless manifestly against law
and reason, and of this, do not think am AFRO
eating too much for myself when say, that be-
heve myself as capable of judging Mr.. PATRICK
BARRY, with all his acumen and legal ability. The
truth ia, this gentleman never consulted by
me. did not ask his advice, either in regard to
the course was to pursue, to the propriety of
issuing the proclamation calling the convention;
nor did he ever any instructions from the late
administration in my possession before issuing
my proclamation advising me nstructing me
to adopt such course. consulted no one in regard
to the course pursued but the military and naval
commanders on the Pacific coast, and those whom
the law allowed me to have near to aid in the dis
charge ofmy duties acted, from sense of duty,
on my own responsibility, and for what honestly
and truly believed to be the best interests of Cali
fornia and my country.
Very respectfully, your obedicnt servant,
Is. RILEY,
Bt. Brig. Gen. U. S. Army,
Late Governor ofCalifornia.
UNITED STATES HOTEL,
PHILADELPHIA, December, 1850.