community could possibly desire to abrogate an existing government, when the alternative presented would be to place themselves in a state of anarchy, beyond the protection of all laws, and reduce them to the unhappy necessity of submitting to the dominion of the strongest.

This government de facto will, of course, exercise no power inconsistent with the provisions of the constitution of the United States, which is the supreme law of the land. For this reason, no import duties can be levied in California on articles the growth, produce, or manufacture of the United States, as no such duties can be imposed in any other part of our Union on the productions of California. Nor can new duties be charged in California upon such foreign productions as have already paid duties in any of our ports of entry, for the obvious reason that California is within the territory of the United States. I shall not enlarge upon this subject, however, as the Secretary of the Treasury will perform the duty.

The President urgently advises the people of California to live peaceably and quietly under the existing government. He believes that this will promote their lasting and best interest. If it be not what they could desire and had a right to expect, they can console themselves with the reflection that it will endure but for a few months. Should they attempt to change or amend it during this brief period, they most probably could not accomplish their object before the government established by Congress would go into operation. In the mean time, the country would be agitated, the citizens would be withdrawn from their usual employments, and domestic strife might divide and exasperate the people against each other; and this all to establish a government which in no conceivable contingency could endure for a single year. During this brief period, it is better to bear the ills they have than to fly to others they know not of.

The permanent prosperity of any new country is identified with the perfect security of its land titles. The land system of the general government has been a theme of admiration throughout the world. The wisdom of man has never devised a plan so well calculated to prevent litigation and place the rights of owners of the soil beyond dispute. This system has been one great cause of the rapid settlement and progress of new States and Territories. Emigrants have been attracted there, because every man knew that when he had acquired land from the government, he could sit under his own vine and under his own fig tree, and there would be none to make him afraid. Indeed, there can be no greater drawback to the prosperity of a country, as several of the older States have experienced, than disputed land titles. Prudent men will be deterred from emigrating to a State or Territory where they cannot obtain indisputable title, and must consequently be exposed to the danger of strife and litigation in respect to the soil on which they dwell. An uncertainty respecting the security of land titles arrests all valuable improvement, because no prudent man will expend his

means for this purpose while there is danger that another may deprive him of the fruit of his labors. It is fortunate, therefore, that Congress alone, under the constitution, possesses "the power to dispose of and make all needful rules and regulations respecting the territory or other property of the United States." In the exercise of this power, the President is convinced that the emigrants will receive liberal donations of the public land.

Although Congress have not established a territorial government for the people of California, they have not been altogether unmindful of their interests. The benefit of our Post Office laws has been extended to them; and you will bear with your authority from the Postmaster General to provide for the conveyance of public information and private correspondence among themselves, and between them and the citizens of Oregon, and of our States east of the Rocky mountains. The monthly steamers on the line from Panama to Astoria have been required" to stop and deliver and take mails at San Diego, San Francisco, and Monterey." These steamers, connected by the isthmus of Panama with those on the Atlantic, between New York and Chagres, will keep up a regular communication with California, and afford facilities to all those who may desire to emigrate to that Territory.

The necessary appropriations have also been made by Congress to maintain troops in California to protect its inhabitants against all attacks from a civilized or savage foe; and it will afford the President peculiar pleasure to perform this duty promptly and effectively.

But, above all, the constitution of the United States, the safeguard of all our civil rights, was extended over California on the 30th May, 1848, the day on which our late treaty with Mexico was finally consummated. From that day its inhabitants became entitled to all the blessings and benefits resulting from the best form of civil government ever established amongst men. That they will prove worthy of this inestimable boon, no doubt is entertained.

Whilst the population of California will be composed chiefly of our own kindred, of a people speaking our own language, and educated for self-government under our own institutions, a considerable portion of them were Mexican citizens before the late treaty of peace. These, our new citizens, ought to be, and, from the justice and generosity of the American character, the President is confident that they will be, treated with respect and kindness, and thus be made to feel that by changing their allegiance they have become more prosperous and happy.

Yours, very respectfully,

JAMES BUCHANAN.

WILLIAM V. VORHIES, Esq.,

Washington city.

Letter of Instructions of Hon. John M. Clayton, to Thomas Butler King. April 3, 1849.

DEPARTMENT OF STATE,

Washington, April 3, 1849.

SIR The President, reposing full confidence in your integrity, abilities, and prudence, has appointed you an agent for the purpose of conveying important instructions and despatches to our naval and military commanders in California. It is his desire that you should lose no time in repairing thither, by the best and most expeditious route, in the prosecution of the duties devolved upon you, which I shall proceed to explain in the following instructions.

The situation of the people of California and New Mexico has already, at this early period of his administration, attracted his attention. By the late treaty with Mexico, provision was made for the future admission of these Territories into the Union as States; and, in the mean time, the government of the United States is bound to protect the inhabitants residing in them in the free and entire enjoyment of their lives, liberty, and property, and in the exercise of their civil and religious rights. Owing to causes with which you are fully acquainted, the Congress of the United States failed to assist the Executive by the passage of a law establishing a government in either of the new Territories. You are aware, however, that an act was passed, at the last session, to extend the revenue laws of the United States over the territory and waters of Upper California. This act creates a collection district in California. And you also know that, by another previous act, certain mail facilities have been extended to the same Territory. Whatever can be done, by the aid of the constitution of the United States, the treaty with Mexico, and the enactments of Congress, to afford to the people of the Territories the benefits of civil government and the protection that is due them, will be anxiously considered and attempted by the Executive.

You have been selected by the President to convey to them these assurances, and especially the assurance of his firm determination so far as his constitutional power extends, to omit nothing that may tend to promote and secure their peace and happiness. You are fully possessed of the President's views, and can, with propriety suggest to the people of California the adoption of measures best calculated to give them effect. These measures must, of course, originate solely with themselves. Assure them of the sincere desire of the Executive of the United States to protect and defend them in the formation of any government, republican in its character, hereafter to be submitted to Congress, which shall be the result of their own deliberate choice. But let it be, at the same time, distinctly understood by them that the plan of such a government must originate with themselves, and without the interference of the Executive.

The laws of California and New Mexico, as they existed at the conclusion of the treaty of Guadalupe Hidalgo, regulating the relations of the inhabitants with each other, will necessarily remain in force in those Territories. Their relations with their former government have been dissolved, and new relations created between them and the government of the United States; but the existing laws regulating the relations of the people with each other will continue until others, lawfully enacted, shall supercede them. Our naval and military commanders on those stations will be fully instructed to co-operate with the friends of order and good-government, so far as their co-operation can be useful and proper.

An important part of your duty will be to acquire, and to transmit to this department, the best and fullest information in regard to the population, the productions, and the resources of the country; the extent and character of all grants of land made by Mexico prior to the late treaty; the quantity and condition of the public domain, and especially of those portions which are rendered valuable by their metallic and mineral wealth; and the gener al fitness and capacity of these new acquisitions for the great purposes of agriculture, commerce, and manufactures. The development of the resources of this vast and interesting region, in all that concerns the interests and welfare of its present and future occupants, is a cherished object of this government; and all information which you can obtain in relation to these subjects will be most acceptable to this department.

It is desirable to know the numbers of the various Indian tribes which form a portion of the population of the Territories; their power, character, and modes of life; and the number of Mexicans held as captives there by any savage tribes, whose release and restoration to their own country this government is bound to exact by the 4th and 11th articles of the treaty: also, as nearly as may be, the number of Mexicans who, within the year after the exchange of the ratifications of the treaty, have withdrawn from the Territories; and the number of those who have declared their intention to preserve the character of citizens of the Mexican republic, agreeably to the 8th article of the treaty.

It is not credited by this government that any attempt will be made to alienate either of these portions of the Territories of the United States, or to establish an independent government within their limits. But should the existence of any such project be detected, you will not fail to bring it to the immediate notice of your government, that proper measures for the protection of the interests of the people of the United States may be promptly adopted.

You are fully authorised to confer with our military and naval commanders within these Territories, who will be instructed to assist you in the ac. complishment of the object of your mission.

Your compensation will be at the rate of eight dollars per diem, from the time of your departure on the business of your mission until your return

home; and you will be allowed your travelling and other expenses during your absence, for which you will be careful to take vouchers in all cases where they can be obtained.

The sum of one thousand dollars is advanced to you on account.

I am, sir, very respectfully, your obedient servant,

Hon. THOMAS BUTLER KING,

JOHN M. CLAYTON.

Appointed agent of the United States to California.

Letter of Mr. Ewing, Secretary of the Interior, to the Secretary of State, and instructions of the Commissioners of the Land Office to Wm. C. Jones, and Letter of Instructions of Mr. Ewing to Wm. C. Jones.

SIR: That I may be enabled to lay before Congress at their next session, so nething reliable as to the condition of land titles in California, it is important that the archives in that Territory and also in the city of Mexico (so far as they touch those titles) be examined and reported upon by a competent

person.

To this end, I desire that such person be sent with official authority to make the necessary examination, to collect and secure the original archives in California, and to procure the necessary copies in the city of Mexico. This latter duty must necessarily be performed under authority from the State Department.

For this mission I propose William Cary Jones, Esq., well known to you as an adept in the Spanish language, and as a lawyer well skilled in the Spanish colonial titles. I propose, if it meet your approbation, that you commission him to visit the city of Mexico for this purpose, and that he be permitted to go by San Francisco, Monterey, and San Diego, and other places in California, and make at those points the necessary investigations.

For his goverment while engaged in California, I have caused the accompanying instructions to be prepared at the General Land Office; and I propose, if you approve it, that he be governed by them, so far as they be applicable, in his examination at the city of Mexico also.

I am, very respectfully, yours,

T. EWING.

HON. JOHN M. CLAYTON, Secretary of Stute.

GENERAL LAND OFFICE, July 5, 1849.

SIR: By a communication of the 29th ultimo, the Secretary of the Interior advised this office of your appointment as confidential agent of the gov