PROCLAMATION

Of Gen. Kearney to the People of California.

The President of the United States having instructed the undersigned to take charge of the civil government of California, he enters upon his duties with an ardent desire to promote, as far as he is able, the interests of the country and the welfare of its inhabitants.

The undersigned has instructions from the President to respect and protect the religious institutions of California, and to see that the religious rights of the people are in the amplest manner preserved to them, the constitution of the United States allowing every man to worship his Creator in such a manner as his own conscience may dictate him.

The undersigned is also instructed to protect the persons and property of the quiet and peaceable inhabitants of the country against all or any of their enemies, whether from abroad or at home; and when he now assures the Californians that it will be his duty and his pleasure to comply with those instructions, he calls upon them all to exert themselves in preserving order and tranquillity, in promoting harmony and concord, and in maintaining the authority and efficacy of the laws.

It is the wish and design of the United States to provide for California, with the least possible delay, a free government similar to those in her other Territories; and the people will soon be called upon to exercise their rights as freemen, in electing their own representatives to make such laws as may be deemed best for their interests and welfare. But until this can be done, the laws now in existence, and not in conflict with the constitution of the United States, will be continued until changed by competent authority; and those persons who hold office will continue in the same for the present, provided they swear to support that constitution, and to faithfully perform their duty.

The undersigned hereby absolves all the inhabitants of California from any further allegiance to the republic of Mexico, and will consider them as citizens of the United States. Those who remain quiet and peaceable will be respected in their rights, and protected in them. Should any take up arms against or oppose the government of this Territory, or instigate others to do so, they will be considered as enemies, and treated accordingly.

When Mexico forced a war upon the United States, time did not permit the latter to invite the Californians as friends to join her standard, but compelled her to take possession of the country to prevent any European power from seizing upon it; and in doing so, some excesses and unauthorized acts were no doubt committed by persons employed in the service of the United States, by which a few of the inhabitants have met with a loss of property. Such losses will be duly investigated, and those entitled to remuneration will receive it.

California has for many years suffered greatly from domestic troubles; civil wars have been the poisoned fountains which have sent forth trouble and pestilence over her beautiful land. Now, those fountains are dried up; the star-spangled banner floats over California; and as long as the sun continues to shine upon her, so long will it float there over the natives of the land, as well as others who have found a home in her bosom; and under it, agriculture must improve and the arts and sciences flourish, as seed in a rich and fertile soil.

The Americans and Californians are now but one people; let us cherish one wish, one hope, and let that be for the peace and quiet of our country. Let us as a band of brothers unite and emulate each other in our exertions to benefit and improve this our beautiful, and which soon must be our happy and prosperous home.

Done at Monterey, capital of California, the first day of March, A. D. 1847, and in the 71st year of the independence of the United States. S. W. KEARNEY,

Brigadier General U. S. A., and Governor of California.

PROCLAMATION

Of Col. Mason to the people of California.

The undersigned has the pleasure to announce the ratification of a treaty of peace and friendship between the United States of America and the Mexican republic, by which Upper California is ceded to the United States.

The boundary separating this country from Lower California consists of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific ocean distant one marine league due south of the southernmost point of the port of San Diego."

By the conditions of this treaty, those residing within the limits of this territory thus ceded, who may wish to become citizens of the United States, are absolved from all further allegiance to the Mexican republic, and will at the proper time (to be judged of by the Congress of the United States) be incorporated into the Union, and admitted to the enjoyment of all rights and privileges granted by the constitution to American citizens. Those who wish to retain the character of Mexicans will be at liberty to do so, and also to retain their property in this territory, or dispose of it and remove the proceeds thereof wherever they please; but they must make their election within one year from the 30th day of May last, and those who remain after the expiration of that year without declaring their intentions to retain such character will be considered to have elected to become citizens of the United States. In the mean time they will be protected in the free enjoyment of

their liberty and property, and secured in the free exercise of their religion. They, however, are reminded that, as war no longer exists, and as Upper California now belongs to the United States, they owe a strict obedience to the American authorities, and any attempt on their part to disturb the peace and tranquillity of the country will subject them to the severest penalties. The undersigned has received instructions from Washington to take proper measures for the permanent occupation of the newly acquired territory. The Congress of the Umited States (to whom alone this power belongs) will soon confer upon the people of this country the constitutional rights of citizens of the United States; and, no doubt, in a few short months we shall have a regularly organized territorial government: indeed, there is every reason to believe that Congress has already passed the act, and that a civil government is now on its way to this country, to replace that which has been organized under the rights of conquest. Such territorial government will establish all local claims and regulations which, within the scope of its legitimate powers, it may deem necessary for the public welfare. In the mean time the present civil officers of the country will continue in the exercise of their functions as heretofore, and when vacancies exist or may occur, they will be filled by regular elections held by the people of the several towns and districts, due notice of such elections being previously given. The existing laws of the country will necessarily continue in force till others are made to supply their place. From this new order of things there will result to California a new destiny. Instead of revolutions and insurrections, there will be internal tranquillity; instead of a fickle and vacillating policy, there will be a firm. and stable government, administering justice with impartiality, and punishing crime with the strong arm of power. The arts and sciences will flourish, and the labor of the agriculturist, guided by the lamp of learning, will stimulate the earth to the most bountiful production. Commerce, freed from the absurd restrictions formerly imposed, will be greatly extended; the choked up channels of trade will be opened, and the poisoned fountains of domestic faction forever dried up. Americans and Californians will now be one and the same people, subject to the same laws, and enjoying the same rights and privileges; they should therefore become a band of brothers, emulating each other in their exertions to develope the wealth and resources, and to secure the peace, happiness, and permanent prosperity of their common country. Done at Monterey, California, this seventh day of August.

R. B. MASON, Colonel 1st Dragoons, Governor of California.

61

Communication of H. W. Halleck, by order of Gov. Riley, June 2, 1849.

STATE DEPARTMENT OF THE TERRITORY OF CALIFORNIA,

Monterey, June 2, 1849.

Sir: I am directed by Governor Riley to reply as follows to so much of your communication of the 16th ultimo as relates to the powers and duties of the ayuntamiento or town council of the town of Santa Cruz.

The laws of California, as they existed on the 1st of June, 1848, which are not inconsistent with the provisions of the constitution or the laws of Congress applicable to this country, as a part of the territory of the United States, are still in force, and must continue in force, till changed by competent authority. The powers and duties of town councils in California (except so far as they may be modified by the constitution and laws of Congress) are the same as they were previous to the conquest of the country. As the laws touching this subject may not be of convenient reference, I subjoin a few of their provisions.

The number of members of each town is regulated by the approbation of the governor, but can in no case exceed six alcaldes, twelve regidores or councilmen, and two syndicos.

They are charged with the police and good order of the town, the construction of roads, the laying out, lighting, and paving of streets, the construction and repair of bridges, the removal of nuisances, the establishment of public burying grounds, the building of jails, the support of town paupers, the granting of town licenses, the examination of weights and measures, and the management and disposition of all municipal property. The council appoints its own secretary, who, as well the members of the council, before entering upon their respective duties, must take the usual oath of office. Each member of the council is bound to assist the alcaldes in executing the laws, and is individually liable for any mal-administration of the municipal funds. A full account of the receipts and expenditures of the council must be kept, and at the end of each year submitted to the prefect of the district, who, after his examination, transmits them to the governor, for file in the government archives. In case of the death of any member of the town council, the vacancy may be supplied by a special election; but if such vacancies occur within three months of the close of the year, it will not be filled until the regular annual election. In case of the suspension of the members of the council, those of the preceding year may be reinstated with their full powers.

Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State.

J. G. MAJORS,

Alcalde, Santa Cruz, California.

PROCLAMATION

Of Gen. Riley to the people of the District of San Francisco, June 4, 1849.

Whereas proof has been laid before me that a body of men styling themselves "the legislative assembly of the district of San Francisco" have usurped powers which are vested only in the Congress of the United States, by making laws, creating and filling offices, imposing and collecting taxes, without the authority of law, and in violation of the constitution of the United States and of the late treaty with Mexico: Now, therefore all persons are warned not to countenance said illegal and unauthorised body either by paying taxes or by supporting or abetting their officers.

And whereas due proof has been received that a person assuming the title of sheriff, under the authority of one claiming to be a justice of the peace in the town of San Francisco, did, on the 31st of May last, with an armed party, violently enter the office of the 1st alcalde of the district of San Francisco, and there forcibly take and carry away the public records of said district from the legal custody and keeping of said 1st alcalde: Now, therefore, all good citizens are called upon to assist in restoring said records to their lawful keeping, and in sustaining the legally-constituted authorities of the land.

The office of justice of the peace in California, even where regularly constituted and legally filled, is subordinate to that of alcalde; and for one holding such office to assume the control of, and authority over, a superior tribunal, argues an utter ignorance of the laws or a wilful desire to violate them, and to disturb the public tranquillity. It is believed, however, that such persons have been led into the commission of this rash act through the impulse of the moment, rather than any wilful and settled design to trans gress the law; and it is hoped that on due reflection they will be convinced of their error, unite with all good citizens in repairing the violence which they have done to the laws. It can hardly be possible that intelligent and thinking men should be so blinded by passion, and so unmindful of their own interests and the security of their property, after the salutary and disinterested advice and warnings which have been given them by the President of the United States, by the Secretaries of State and of War, and by men of high integrity and disinterested motives, as to countenance and support any illegally-constituted body in their open violation of the laws, and assumption of authority which in no possible event could ever belong to them.

The office of alcalde is one established by law, and all officers of the United States have been ordered by the President to recognise and support the legal authority of the person holding such office; and whatever feelings