The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-17
TIE Rcvolmtsea In CalASornia-xs it TroasOn'
-Inter1erencc OF the President.

VAe 0CV0AUtt0A In C0lA3Ofmno-Ao ~ VT0o1Ons
-Interferencc Of the President.
The continuance of the disturbances in San
Francisco, the cool and calm determination of
the Vigilance Committee on the one hand and
the enrolment of an antagonist force, under the
authority Of the Governor, on the other, natu-
rally turn the attention Of rejecting people to
the probable issue. How will this extraordinary
struggle endg What will be done with the actors
in the scene? Is it revolution or an insurrec-
ton? Are the acts committed reasonable, or
only breaches of the peace! -
The question is asked, whether reform should
have been attempted under the forms of the ex-
listing laws, and whether the present illegal me-
thod of redress was not the only proper one to
be pursued?
It is evident that the assassination of James
King of William, for his editorial independence
was but forerunner of what the reformers of the
press had to expect if they persisted in calling
for reform. The continual escapes of the most
depraved criminals from the hands of justice were
also an indication that they were in no danger
of punishment, no matter what they might do.
We come to the conclusion inevitably, then,
that the citizens who have, as Commute of
Vigilance, taken into their keeping the substan-
tial power of the State, administering the details
Of criminal law independently of the rules OF
courts have acted under ~ Ssnviction which
in their manifestoes they solen9 have declared,
that forbearance had not only ceased to be a vir-
tue, but was no longer possible. This is their
s,%o 80.
ing the government.
Are these movements reasonable /? Are they
reasonable against the United States, or the
State OF California, or both 1t is the former
branch OF this question which nearly concerns us.
Eight thousand Californians in arms, supported
by the majority of the people of the State need
not much fear any technical or legal consequen-
ces from their present acts. A change in the
State administration there will carry full pardon
for al offences. They will have little to fear in
that direction. But what are the relations which
exist between them and the United States as a
whole? Are they traitors to the Union at
large
We have in our national career suffered so
little from treason that it has greatly troubled
the lawyers todefineit. 1t hasbeen doubted whe-
Their treason might he committed against any one
OF the States Our own constitution defines trea-
son against this State to consist in levying war
against the people within the State, combine
ton Of two or more persons to subvert or over
turn the government, evidenced by forc5le at
tempts or adhering to the enemies of the State
under certain circumstances. Similar provisions
are TO be found in all the constitutions of the
States. Nevertheless, it is the best settled OPT
MON, and the uniform course Of practice, to con-
:ider the levying Of war against State as 4
State offence. cognizabe by a State court, and
punishable by State authority. If this be So the
United States have nothing to do with the pro-
ceedings of the Vigilance Committee, and they
have committed no treason against the Union.
The constitution however, looks to the proba-
bility Of instructions and domestic violence
and they have occurred in Massachusetts,, Penn
sylvania and Rhode Island. BY the fourteenth
clause Of the eighth section Of the first article.
Congress has power TO provide for calling forth
he militia to suppress Instructions" and
such laws have accordingly been passed. BY
he fourth section of the fourth article. the
United States are bound, ION application of the
Legislature or Of The Executive, when the Legs-
iature cannot he convened, to protect a State
lgains. domestic violence !" AMI these acts have
clothed the President with the necessary power.
II seems. by the reports from Washington that
the Governor Of California has made requisi-
tion for the interference Of the President bat it
i eyidcn; from the news OF the last steamer that
he had not made any attempt first to convene the
Legislature. If this does not appear clearly
and distinctly the President need not interfere.
The old acts Of Congress. passed in the time Of
Washington and jefferson, which gave the Presi-
dent his powers IN detail to suppress instructions
should he thoroughly examined and the course
taken, IL h. docs interfere, and the exgcncy Of
which the United States Court has declared him
to be The sole judge, Is deemed TO have arisen.
probably will be to Issue proclamation calling
on the present organization, to dissolve, with the
offer Of pardon on submission. We have no
doubt but that the Vigilance Committee would
be well pleased to have the presence Of a re-
spectacle body Of United states troops, under the
Of such pac.fcator a. General Wool
Confidence would b. restored, and IL the ballot
box stuifrs. gamblers. blacklegs and assaS.ins
.hould carry the approaching elections in spite
Of superior numbers and rcspcctability combined
against them California had better 20 out Of the
Union and become q dependency Of the Car.
whose territory il contiguous to their own and
washed by the same OCEAN. which should no
longer be called the Pacific"
At any rate. the solution Of the problem i no,
difficult. view IL a. We may.
THE CENTRAL RAILROAD COMPANY AND INV