The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-15
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Fourth, superior court tribunal superior o. tne
tory Consisting Of four judges and hscal Fn Preieet
and for each district who charged win the
preservation OF the public order and the execution " M
laws their duties correspond In great measure VIZ.
those Of district inarshas and sherls sixth Judge
first instance for each district This office H. by custom
with the laws vested In the hrst Acae o.
the district Seventh acaldes, who have Ju
dicon among themselves in the district out are suu
ordinate 10 The higher judicial tribunals EgnihI LOCAL
justices Of The peace Ninth ayuntamlentos OF Town eoun
ellis The powers and functions OF All these onoeis
defined ia the Of the country and are almost dencA
with those corresponding officers IN the Aanue and
western States - ....,
Thomas Butler King agent for the purpose OF conveying
mporant Instructions TO military and naval com
uanders who ntrusted with the administration OF
the civil government dc aetO in California, and 10 make
known 10 the people his opinions and wishes in respect TO
the formation of n constitution and State government
preparatory 10 their admission into the Union what
these opinions and wishes are distinctly stated by the
President in the following extract from his special message
TO Congress the 23d OF January, 1850;
did hesitate TO express 10 the people OF those Ter
rtores my desire that each Territory should II prepared
comply with the acquisitions OF the constitution OF the
United States form plan of State constitution, and SUD
nit the Congress- with prayer for admission INTO
the Union State but did not anticipate suggest or
authorize the establishment Of such government WITH
out the assent Congress did authorize any gov
agent officer to interfere WITH or exercise any
influence control over the election OF delegates OF over
any Convention in making modifying their domestic IN
stutons any Of the provisions OF their proposed con-
stqtion On the contrary the instructions by my orders
were that all measures OF domestic poey aaopleu ~ te
people OF California must originate solely with themselves
that while the Executive OF the United States was de-
srous 10 project them in the formation OF any government
republican in its character to be at The proper he SUD
med to Congress- YET IL to be distinctly understood
that the plan of such government must al the same e
be the result of their deliberate choice and originate
with themselves without the interference OF the Executive
On the 3oth of June 1885, Gen Riley in his capacity as
civil governor Of California reports to the government al
Washington that
Calf
legal position of affairs here and pointing out the course
was deemed advisable to pursue in order to procure
political organization better adapted TO the
and present condition of the country The course lndi-
Gated my proclamation will be adopted by the people
almost unanimously and there is little or no donb
that the convention will meet the first OF September
next and form State constitution TO be submitted 10
Congress in the early part of the coming session
"A few prefer territorial organization, but think ma
jory will in favor of State government so as TO avoid
all further difficulties respecting the question OF slavery
This question win probably be submitted together with
the constitution to direct vote OF the people in order
that the wishes of the people of California be clearly
and fully expressed or course the constitution or plan Of
territorial government formed by this convention can
have legal force till approved by Congress"
On the 2th day Of October Gen Riley acting governor
issued the following proclamation
"To the People Of California.
aThe delegates of the people, assembled in convention
have formed a ssEstuiion which is now presented for
your ratification The tins and manner of voting this
constitution and Of holding the hrs gssal election, are
clearly forth in the schedule The whole subject is
therefore left for your unbiased and deliberate considera
tioa,
The preect person exercising the functions of that
ocel of each district will designate the places for open
ing the polls and give due notice of the election in ac
cordance with the provisions of the copsttuuon and
schsduIe.
The people arr now called upon to form government
for themselves and designate such officers they desire
make and the laws That their choice may be
wisely made and that the government organized may
the permanent welfare and happiness Of the peo
Ia t,rich nf he
present executive Who IL the constitution be ratified viii
E pleasure surrender his powers whomsoever the
pie may des.gnate his successor.
"Gven Monterey California, this twelfth day of DC
tobe in the year Of our Lord eighteen hundred and forty
nine.
GBrevet Brig Gen o. s A. and Gov. Of California.
sOfscial: al w, HALLECK,
"Brevet Captain, and Secretary Of State"
These facts and official papers prove conclusivey that
the proposition the people Of California TO hold conven-
ton and organize State government originated ~h ana
that all the proceedings had in su6ordinaton TO- the
authority and supremacy of the existing local government
Of the Territory, under the advice and With the approval
OF the executive government Of the United SiateF Hence
the action Of the people Of California in forming their
constitution and State government and Of Congress IN ad
hitting the State into the Union be cited with the
least show Of justice fairness n Justification paa
ton Of the revolutionary movements 10 snbyert the gov
eminent which Congress has established In kansas.
Nor can the insurgents derive aid comfort from the
position assumed by either party the unfortunate
ago when effort made 10 change the organic
law and up State government in opposition 70 the
one then In existence under the charter granted by Charles
the Second Of England Those who engaged in that
unsuccessful struggle assumed fundamental truths in
system OF government that Rhode Island sove
reign State in all that pcrtsned to her internal affairs
that the right change their organic law essential
attribute Of sovereignty that nasmuCh The charter
der which the existing government organized
tanned no provision for changing amending the same
and the people bad no, delegated that right to the egsa
ture or any other tribunal IL followed a matter Of
course that they had retained IT, aud liberty
ercse II In such them should vice just
and proper.
Without deemng II necessary express any opinion
this occasion in reference To the merits Of that controversy
Il is evident that the principles upon which con
Quoted not involved in the revolutionary Struggle
going on Kansas for the that the sovereignty Of
Territory remains in allegiance suspended in the United
States in trust for the people until they shall be admitted
into the Union State In the mean time, they
titled enjoy and exercise all the privileges and rights OF
selfgovernmenL in subordination to the constitution Of
the United States and n obedience 10 their organic law
passed by Congress pursuance Of that instrument These
rights and privileges all derived from the constitution
through the act OF Congress and must be exercised and
enjoyed in subection all the limitations and restrictions
which that constitution imposes Hence 1t is clear that the
people 81 the Territory have inherent sovereign right
under the constitution Of the United States annul the
laws and resist the authority Of The territorial government
which Congress has established in obedience the eons
tuition.
Kansas difficulties your committee have been profoundly
impressed with the significant fact that each has
suited from attempt violate circumvent the prn-
cpes and provisions Of the act Of Congrs for the organ
izaon Of Kansas and Nebraska. The leading idea and
fundamental principle Of the Kansas-Nehraska act
observation-disclosures u each TroTg "poflV free 10 form
and reoaLIfs Their donlsSic tRstioas IN their iraV