The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-17

To The Editors Of the Washington Republic,

To The Editors Of the Washington Republic;
GENTLEMEN My attention has been directed to an edi.
toal in your paper Of the goth uuo headed The Cal
iforna Constitution and Mr. King" in which 10 quoted
an article from The New Orleans Delta the subject OF
Executive interference in the formation OF the Stale gov
eminent of California This matter supposed had been
put TO rest long ago by the publication OF the California
correspondence, nor would notice it, or do any
thing which may have the appearance. be consider
attempt, to revive a controversy upon question
which has already been settled in the minds OF the intel
lgent and unpre JUDGED portion OF all parties, not
for The grave and positive assertions made in this article
conflicting with my own previous Statements and pub
lshed as they have been, the authority OF person
who alleges that " he acted my legal adviser" and
therefore. it would seem, must speak knowingly and
g by the book" The Delta in commenting the state
ment OF Commodore Jones, In relation to the tune my
proclamation issued calling the convention, says
at is true that General Rileys proclamation was issued
before the steamer on which Nj T Butler King was, ar
Panama had touched 4, san Diego. from which place let
and instructions were despatched TO General Riley at
issuing General Rleys proclamation recommending the
formation of State government This fact was commu-
Csiiornia formerly Of this State AID .Ooaetsd as General
Rys legal advtsr In the matter He saw the communi
fore the latter issued his proclamation This fact was
known to Mr. King and we marvel much that he did not
in hts publication In which he denies that he
cised any influence in the formation Of tho State govern
ment OF California"
The whole Of this statement which saw in your
paper for the first time few days SINCE is xsrxe. from
beg inning to end and 80 now pronounce it. How Mr.
Patrick Barry reconcile the in formation furnished by
him 10 the Delta with proper regard tor the truth OF the
The paragraph quoted bears evidence within itself OF its
fals,y and how keen and discriminating lawyer
MIR. Barry ought TO be- and as well acquainted as he
should be with California, could get up his story cum
silly is to 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
Mr. Barry tells the editors Of the Delta that these nsruc-
tons landed at San Diego and sent to me at Mon
terey Now, to show how perfectly absurd such
ment is will merely say that il there had been such in
srucons for me, and such had been pursued in
sending them me- would have required from eight to
ten days for to have received them at Monteey and
days after MIR King arrived at San Francisco This
would have been the for the simple that by
the steamer the trip from San Diego to San Francisco
usually four, most but five days, while by land il
Qures journey Of eight ten days reach Monterey
from San Diego.
As to Mr. Barys ever having seen any instructions to
from the late administration regard to the
pursue California, received before the issuing
my proclamation, and his acting as my legal adviser in
the matter think il scarcely worth while to say anything
to those with whom am acquainted but to Others who
may be deceived by the positive in which these
assertions made, would remark that here again Mr.
Barry has been extremely unfortunate The experience
would have been than useless, had atsr having
instructions from my government asked or taken
advice. as he intimates did, as to whether or not
should follow them am too old soldier ever to ask
legal advice (by this mean lawyers advice to
whether should obey the instructions receive from
those who, by the laws OF my country, are placed oveI
me. knew my duty too well aAd, after having re-
ceved instructions. advice is needed. They are my
guide unless manesty against law and reason, and Of
this do not think an arrogstng too much for myself
when say that believe myself capable Of judging
Mr. Patrick Barry, with all his acumen and legal abili
y The truth is, this gentleman consulted by
me- did not ask bis advice. either in regard to the
course to pursue, or ~ to the propety Of issuing
the proclamation calling the convention did he ever
see any Instructions from the late administrator in my
possession, before issuing my proclamation. A2sising
instructing TO adopt such course Consulted
one in regard to the course pursued but the nary and
naval commanders the Pacific coast and tu6Se whom
the Law allowed to have to aid in the discharge
of my duties acted from sense OF duty on my own
responsibility, and for what honestly and truly believed
to be the best interests OF California and my country.
Very respectfully, your obcdient servant,
RILEY,
b. Brig. Gen. United States Army,
Late Governor OF California
UNITED STATES HOTEL, lLAprLPHIA December 1850