The Placer herald., 1856-07-05

process to execute it," (Laws of California,
page 429, sec. 4s) Has an insurrection
such as is defined by our statute, existed in
San Francisco since the organization Of the
Vigilance Committee To constitute it
there must have been not only a resistance to
process, but such resistance as could not
be overcome by the exertions Of the "power
of the county"
The only process which has been issued,
having any relation to the action of the Wig
lance Committee was the writ Of hobeoS cor
pus designed to liberate Muligan The stat
ute says.
1t is exceedingly doubtful whether the ser
vice of the writ was made pursuant to the pro-
visions of the statute, but it seems certain
that no attachment was ever legally issued.
In this state of facts, it is impossible that any
resistance could have been made to that pro-
them for years boarding in the county Jail
ceeding of the Court If no resistance was
made by the vigilance committee to that pro-
cess of the Court no ''insurrection" could by
possibility have existed in San Francisco. But
more than resistance is necessary to consti-
tute 'insurrection." There must have been
torciJie resistance, or combinations to resist
by force the execution of the process, such
as the whole power of the county, legally
appealed to, could not overcome. Is there
any evidence, on file or record to show that
any resistance was made or contemplated
by the Vigilance Committee! that the pow
er of the county was unsuccessfuIly appealed
to, and that such facts were iegdily certified
by the proper authorities? None; none what
ever. | hence conclude that no acts of the
Vigilance Committee, so far as the record
shows, have rendered themselves justly obnoX-
ious, to the charge of EnsuTectiOn,' even the
technical construction. 1t is not denied by
the friends and adherents of that Committee
that in prosecuting their avowed purposes,
they have not adhered to the forms Of law
but they have with emphasis declared that
it is their intention to enforce the spirit Of
the laws. Whatever difference of oppinion
may exist as to the mode pursued by the
Committee, to correct the evils complained
of, it must be admitted that their acts have
exhibited extraordinary prudence, calm delib-
erations, energetic action, and great wisdom
The object of government, in the language
of the preamble to the Constitution Of the
United States, is: "To establish Justice, in
sure domestic tranquility, provide for the
common defence, promote the general well
fare, and the blessings of liberty to ourselves
and our posterity." When government
wholly fails to secure to the governed the great
purposes for which it was established, but on
the contrary, becomes an engine of oppres-
sion and outrage, in consequence OF the cor
rupt character and untaithtul action of those
appointed to administer the laws, the people
have the undoubted right to provide the rem
cdy as the cxigency of the occasion may le
mand, consistent with the rights reserved to
the people
The Constitution of California declares that,
"All men are by nuture free and independent
and have certain unalienable rights, among
which are those of enjoying and defending
life and liberty; and pursuing and obtaining
safety and happiness" Declaration of Rights
Art. l. Sec. l.
The Declaration of Rights is an important
part of the Constitution.
1t is intended to restrict the action of the
government within the limits prescribed by
such declarations. The Constitution can
confer no authority that will contravene or
infringe upon the rights thus declared to be
inherent in the people and "unaienabIe"
The section, to which | have referred, is
peculiar in its language and import. 1t de-
clarcs that the people have the right ''ot
enjoying and defending life and liberty; ac-
during, possessing and protecting property;
pursuing and obtaining SAFETY and happiness.
That those great rights, guaranteed by the
Constitution of our State to all the people
have been rendered wholly nugatory to the
people of San Francisco, no man can doubt.
What, then, is the Constitutional remedy for
the violation Of those sacred rights: Under
ordinary circumstances, the law has provided
a remedy by the ballot-box. That agency
the great arbiter, to determine between con
ticting opinions entertained by different par
ties, to correct evils and protect rights
had become the great engine Of corruption
and oppression.
BY its agency Williams were elevated to
power, who plundered, insuted, and oppres-
sed the people at will. Virtue lay Frustrated
in the dust, whilst vice exulted in its triumphs.
What Constitutional remedy, then remained
to the people Of San Francisco? | answer,
the authority of resorting to the great rights
expressly reserved to the people and ''unalien-
able," and an appeal to the people Of the
State to sustain them in the exercise of those
rights. If upon such appeal, it is found that
a large majority Of the people of the State
in whom is vested all power, shall sustain
such action, it, is then constitutionaly eXer-
cised, for the majority principles determine
all political action under our institutions
Such, Gentlemen, is my opinion of the char
acter and acts of the Vigilance Committee of
San Francisco.
The effect of the action of that Committee
will be- not only to punish criminals, who
have been protected by the officers Of the
law-not only to require those infamous
persons who have aided and abetted in the
Preparations ofthe outrages referrrd to, to
leave the State but it will create public