The republic., 1851-08-12
From The NstO York Express.
CuIiforuSn

blished government there is wholly subverted, and
in its stead substituted vigilance committees
or committees of safety, which recognise no legal
principles or precedents, save what found in
the unwritten and summary code of the law Lynch.
But while all this Is going on, alarming enough in
principle, but, wonderful to say creating no alarm
in practice, the tribunals in all civil matters are
recognised and obeyed. just they are in more
established and in older States Nay, even nice
distinctions drawn between the apparently con-
fiicting jurisdictions of the code Lynch and the
statute law, or law of the land; for we see in St.
Marysville (Cal) Herald before us that the vigi-
lance committee of that place declined to interfere
in Mexican brawl where knives had been used,
and murder almost perpetrated, upon the ground
that the case was not one for them, but for the
statute law. The illustration is SO singular and
sgnihcanrthat we must give our readers the case
in full.
Mexican, it seems, attacked by three
other Mexicans at ST. MarysvilIe, and was SO Sc
verely wounded by knife cuts that he was not ex-
pected to survive. He received seven or eight Sc
we're wounds The cause of the attack is said to
have been dispute, which arose few evenings
since at a Mexican fandango, says the ST. Marys
vile Herald. Thevgilance ecommitteevery prompt
ly arrested two of the men; the other one had not
been taken. The committee examined the two
them very conclusive; but, upon a cool and dis
passionate review Of the whole case, they deter
mined "not 10 infiict punishment upon them, not
deemipg it case in which they were warranted
to proceed. They therefore handed them over to
the authorities" But, adds the editor:
"justice Ellet examined the men, and detained
them till II can be ascertained if the wounds in
hicted upon their unfortunate victim shall prove
mortal. II so, the charge against the men will he
ri hat wit in
tent to kill. In either event, the trial must be
prompt. MUST, in italics, significant of Lynch q
'We think the citizens will commend the action
oil the vigilance committee. The purpose of that
committee Is not to punish offenders OF this class
but those who commit wanton attacks upon the
peace and property of the community; such crimes
as are more extended 10 their consequences, and
the extent of which cannot be known when they
are committed. 1t is no part of the committees
business TO take cognizance Of private quarrels
however fatal their consequences, except it be
found that those whom the law makes the guardian
of the citizen are lax or negligent of their duty
But let not the proper tribunal delay this case;
the trial must be prompt, and the punishment
must speedily follow conviction, if the parties be
convicted; otherwise the vigilance committee will
yet take the matter into their own hands,
The trial must be prompt and the punishment
must speedily follow conviction. The editor speaks
by the authority of Lynch; butt in the distinctions
here drawn between the jurisdiction of the court of
Lynch and the courts of law, we see the Difference
yet paid to the civil and statute law.
What is remarkable, nay, astonishing, is that
the Lynch law is becoming the popular law of the
land. The San Francisco Herald, disproving the
rumor that the Governor about to convoke an
extraordinary session of the Legislature in order to
reinvigorate the laws of the land, exclaims
''Tbe truth is, we are getting on remarkably WE'LL
This city is more free from crime than it ever has
been within recollection, and the measures being
taken by the vigilance committee will make it still
more We are fast and imperceptibly getting rid
of all the vagabonds who have been plundering and
numbering so long with impunity. 1t is true, we
have still wretched Judiciary; have a very in
efficient police but the citizens about to correct
all that thing by degrees, They have set a mark
on the .t forehead OF the Judge, and they have
sumed the duty OF the police There is conyie- !
tion in the minds of all that punishment will now
closely follow the heels Of crime, and that crime
can scarcely be committed without detection. 1t
is true that yet there are many things wanting
but what do not want ia an extra session of the
last Legislature. We have many difficulties 10
contend with, but really that would be burdening
US beyond our strength and patience.
"a great denl ia said about the prevalence of |
Lynch law throughout the country. Some three |
or four hundred warlike Indians have put to death
twelve horse thieves, Well, there is nothing very
deplorable in that. We are glad
to know that there is force of sort to restrain
such depredatons in the lower country; and while |
the native Californians have such force, we hope
they will always call .nto requsition against such
nora for murder, and two persons shot in melee |
at the place. II is to be sure, to be regretted
that the murder was committed, and that the melee
was provoked; but nevertheless the death of those
four persons was perfectly natural consequences |
the necessity of which was to be deplorcd of course
but nevertheless natural and unavoidable In this
city man has been executed for burgary-a man |
belonging TO gang of robbers, assassins and in
cendiaries. Lynch law, no doubt--but Just law |
punishment rendered necessary by the prevalence
of crime.
' In all these cases we have noiniustice and
in those in which the citizens the avengers of
the violated law, no haste, passion or thirst for
blood. A firm determination there is to meto out
punishment where it is deserved, and that determi
nation will be persevered in, whether there be an
extra session of the Legislature at Vallejo or not"
This is cool, complacent even. The attachment
of the people to the law is apparent from their
quiet submission to it. The committees of vigilance
proceed, weaee, with great system in all parts At
st. Marysvle there meeting of the COMMITTEES
held at the court house. The organization of the
was completed. There were tive hun
dred and thirteen signera. 1t the intention of
the committee to take complete census of the city,
keeping record of the name and occupation of
every one Locations in which there is any hesi- |
fancy in giving this information, or where the |
manner of doing so is at all suspicious, will be |
strictly watched, says the narrator Of the scepe In
all parts Of California like proceedings going on
This apparently necessary subversion OF the civil |
and statute lava is more nor less than revolu- |
tion, bloodless though it be; but what must aston
ish mankind is the and quetude in which it is
all done. The american element of self. government
is pTging itseifof the dangerous foreign odni1treS
that haze got into The STATE.
We have one other Lesson in this spectacle, and
that is, tho danger of opening State, California
has been opened, to the conyicts and criminals of
the whole earth. Botany Bay, and all the other
British penal settlements in the Pacific, have vom-
ited their criminals upon this rising State. The |
criminals of Chill, of Peru, of all Mexico, have so
fled there for an asylum. Our States this sido
of the Rocky mountains have no doubt disgorged |
their share of murdercrs, thieves robbers burglars
&c-criminals whom police and our laws
could ovcrawe here, but who run riot in California
Such facts as these the Caiornians offer as their
apology for the subversion Of the statute law, and
the establishment Of the code Lynch in its stead |
1t is fearful experiment the necessity for which
no state of society that have yet lived in or