The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-05-02

rltory, and il followed the Louisiana
plan of paying no regard TO the wishe:
| OF the people. Like the act of March
20. 1904, creating the territory of Or
/ leans, the Florida act OF 1922 put leg
isIatlve power in the hands OF 4 GOV
ernor and a legislative council of thir-
teen, TO be appointed annually by the
President, by and with the advice and
consent of the Senate and the Gov
ernor and a majority OF the council
| We're empowered to alter or repeal all
| the laws in existence in Florida at the
time OF the passage of that act.
BY the treaty of Guadalupe Hidalgo
| OF February ?. 1913, at the close Of the
war with Mexico, the United Sta les
gained political possession Of Califor-
MA and New Mexico of which it had
secured military possession in 1917.
The discovery of gold by James w.
Marshall near Suffers mill in Califor-
MA, January "a, 1913, nine days before
the treaty of Guadalupe Hidalgo was
signed. which discovery did not be-
come known either in the United
states or Mexico until several weeks
later, sent such a scream of immi-
grants into California from the four
quarters of the globe that it was
knocking for admission as a state be-
lore Congress had time to organize 1t
into a territory. An act creating ii q
state, after a contest which caused a
greater excitement throughout the
country than any other question which
came up in Congress since the admis-
sion of Missouri in 1921. was signed
by President Fillmore on September Q
1880, and it went into operation on
0nat day. On December 20, 1S49, a
state government was installed proyis-
lonally in California, and Gen. Ben
nett Riley, the last of the military
governors, laid down his authority on
that day. from It's acquisition to that
time California had been under mill
tary rule.
There had been extreme dissatisfac-
ton in California with the govern
ment appointed from Washington.
The dissatisfaction appeared in two
elements of the population. The Mex
leans consent was not asked as to the
ceSslon Of themselves and their terri
tory to another nation, and at the time
OF the cession the MeXicans outnum-
Dered all other ingredients of the pop
ulatlon. The MeXicanS Were opposed
to American government of all sorts
Inc Americans wanted a government
chosen by the people just as soon as
they got into majority among the
people, which was before the close of
the year 1S4S. Gen. Riley, who arriv-
ed in California on April u, 1S49. was
told by the Secretary of War, George
w. Crawford, ito assume the admins
tratlon of civil affairs in California.
oC as a military governor, but as the
executive of the existing civil govern
ment. He issued a proclamation
winch, IN order TO overcome the pOpu-
lar antipathy to a military regime,
proposed scheme of civil government
which he told the Californians should
be only temporary but which would
have TO be obeyed while it lasted
The situation in California was like
that which existed in Louisiana just
after the annexation of that province |
The laws of the preceding government |
that of Spain in the Louisiana case
and MeXico's in that of California
were to remain in operation until re-
pealed in a constitutional way, except
where they confiicted with the consti-
tuition, laws or treaties of the United
States. These old Mexican laws. the
CalifOrnians were informed, could not
De repealed by any provisional govern
ment set up in California until Cali
iornia should be admitted to statehood !
The only authority competent to re-
peal them was the Congress of the |
United States. The people declared
hat taxation without representation |
was anti-American. They could not. |
rs Bancroft remarks, see what consti- |
,utional power the President had to
govern a territory by appointing a |
military executive in time of peace or
my at all before the Mexican laws had |
been repealed, much less what right |
he Secretary of War had to instruct |
zen. hiley to act as civil governor"
Despite the irrepressible conflict be-
5ween the practice of Riley and his |
predecessors and the doctrine of the |
Declaration Of independence Riley's
'eglme was maintained until superse-
led by the state government.
In the case of Alaska, purchased |
rom Russia under the treaty signed |
March 80, 1867, the divergence between |
,neory and practice has been particu- |
arly divergent. It's inhabitants were |
not consulted as to the transfer of |
over them, and their locality |
has not yet received the full territor- |
al status accorded to New Mexico, Ar
iona and Oklahoma Unlike those |
Alaska has never received |
local Legislature, is not represented |
n the House of Representatives by q |
delegate, and is directly under the con |
rol of Congress.
CHARLES NJ. HARVEY.