The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-04-10

/ of the constitutional convention Of FI0fida ID
dressed . memorial 10 Congress, In which they
sia,e TINT in 1913, the territorial council pass
ed a law submitting 10 The people The question
| OF Stat, ~ Territory" 10 be decided Mt the
clectioo II Je.ga,ss 10 Congrsss IN the month
Of Nav ID that year that decided majority
Of ,Le ssfira9es given ii that cIectIon was IN
fsyor Of state" that the legislative council Of
1913, In obedience TO the Expressed wishes Of
the people, enacted law authorizing the hold
ing Of o convention 10 form and adopt State
consultation; that The convention assembled on
The 81 Of December, 1893. and continued in ss-
sion until the ! I,b of January. -33 and that,
on behalf of the people 81 Florida, they trims
nit the constitution, or form Of government
and ass for admission into the Union II ~
nhe stated 10 the memorial that IN 1888 u "f'-
s,ssAoi the Territory was taken, 10 obedieroe IA
"a lsy pasScL liz The territorial council, aud that
this cvnsus although taken during the favages
of Indian hostiliiiss, WHEN large portion Of
thc Inhabitants could not be- found at home,
showed aD aggregate popalstion Of iorty<'gh
thousand Two huDdred and tweni y.thrcc per-
sons. which the memofisl,sis insisted lurnish0i
satisfactory assurance Of - sufficient population
10 entilie them 10 admission, according 10 the
! treaty acquiring ihe country from Spain, and
= member 81 Coogi,sa TO each iorty.sevcn thou.
sand aud seven hundred inhabitants. Congress
falling 10 Yield its assent to the admission u
Florida for more than six years after this con
Atiution was formed and application made, the
people Of Florida during all that period re-
manned loyal TO the territorial government, aud
obdent to To laws, and did not assume tbs right
10 supcrsedo tbs existing government by put
| ting into operation State government until
I the ASSENT 81 Congress waa 0btaiDed ~ lS45.
| The eir. umslagag connected with the forIna-
| ton of tbs constitution and State government
VI California are peculiar. During tho Mex
can war tho country was conquered and occ1'
pied by our troops, and the civil government
administered 10y the military authorities under
the war power According 10 All Official com
munieaiion 81 General Persifer i. smith, act.
inR governor 81 California. 10 n COMMITTEES Of
citizens Of s3an Francisco. under date 81 March
~, 1910. Withholding bis recognition aud con.
cafr,nce' ia their propagation Ito Organize u
, legislative assembly. AID 10 appoint judges and
other ministerial officers. and 10 oDaet suitable
H.. Q! iasIee and
/, equity, and 10 rive protection 10 iile liberty,
aud properly it nppcars that the President Of
tho United States Mr. Polk) aud his cabinet
officially promulgated the following opinions
"a the de-, ision of tbs Executive On the points
stated
LEI. That al tho conclusion OF the treaty
with Mexico. on the y0ih Of May, el4s the mil
iiary government existing Ia California was n
gosctnmrnt dc fastO.
/ "a That II Of ncccssity continue until
Congress provide another because, II II cease.
auarchy mus, onAue thus ,oierring that no
power bat Congress eau establish any govern
mcnt
II aiso appears from the proclamation ol
General Riley. acting governor to the people
Of California dated June ,, lSa9. thai gov
ornmont de Bado was constituted IA followsi
"A brief summary Of the organization Of the
present government may not be unin,ercsting.
Il consists Fliai Of governor appointed by
the supreme government IN dciaplt OF snch APP
p0in,mcnt thr Office Is temporarily vested IN
lhr commanding military oilccr Of tho depart
mant, The powers and duties Of the governor
aie ui limited character, bat fully defined and
pointed ont by the laws. Second. secretary
vince dutica and powers ara also properly tie.
fined Third. q territorial or departmental
legislature, with limited powers to pass laws oi
a local character Fourth, a superior court
Tribunal SUPERIOR 81 the Territory. consisting
III four Judges AMI fiscal FI'th. a project
charged with thu preservation oi the public OF.
drr sud the execution oi tic laws their duties
corr,sp pond ia fl great measure with those OF
district marshals aud sheriiTs sixth, jndgc
of first instance. for each district. This Office
IL, iy custom moi Inconsistent with the lava,
vested 10 the frat nlcabc of the district. Sew
,nth. alralks. who have concurrent jurisdiction
among thrnaclspa in the sa,n district. hut are
subordinate TO the higher judicial tribunals. --
Eighth, local Justice ot the peace. Ninth
,ayuntancnioa. OF town councils, Tho power
and functions ot all thee officers ARE fully de
lupA Ia the laws of The country, aud are amost
; identical with tipr Of the corresponding OH
GERS IN thu Atlantic and western States.
Ga the ID Of April. lsi9 President Taylor
, appointed Thomas lutlcr King agent, for the
purpose Of conveying important Instructions to
cur military and naval commanders who were
inirustcd with the administration Of the civil
! government az iaft0 IN California, and 10 make
\ known to the people hM opinions IN respect
tp the formation OF constitution and state
government preparatory To- their admission IN
to- The Union Nhn, ,hcse opnions and wish
90 were nrr distinctly stated by the President
ia the following extract from hR special mes
sage 10 Congress on the 2al of January, 1850;
dill not hesitate 10 express to the people
Of ihoec 'lCrri,orics my desire that each Terri,
tory shoGlj II prepared 10 comply with the
teuuAitiOns at the constitation Of the United
States. form plan Of n State constitution, and
submit the sans to Congress, with prayer Tor
ADM aion into the Union ~ n State but ! did
not anticipate suggest. or authorize the o.
tlhlshmcnt ot any such government with
out the nsscnf At Congress nor did | au
,huriFc any government agent or officer to
interfere with, or cNorcIU any influence or
control over. the election or Delegates, or
over any convention. IN making OF modifying
their domestic institutions. or amy Of the pro
visions Of their proposed constitution. On the
contrary The instructions by my orders, were
,h4t al measures oi domestic policy adopted
b., tie Icop'r ug California mus, originate sole
IN VITA thoms'iScs that, while the Executive
81, thc United States was dC~irous to protect
them Ia ths trmatiou OF any government re
puh.tan in ~ ,.1ncirr. 10 hr At the proper
t.r, admitted ~ 'ungr~s, vet il was 10 be
! distinctly understood tina, the plan of such a
gov, rnmsp' must, 40 he same time, be the ~
g a.i ~ their own 81 b,rate cholcc and origi-
mate with themselves withnu, the reference
ut Tie Executive
c On the 9o'h Of juno. 1850. Gen. Rlcy. in
p his capacity as civil governor II California. re
, ports ~ the government, ~ Washington thu, -
Il On the ~ IHsant i'SGed nv proclamation
To the people " California defining what was
: understood ,o hc the legal position ol affairs
here and pointing out the course !, WAS iccucd
advisable To pursue in order to procure a new