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 justico 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,

J. G. MAJORS,

H. W. HALLECK,

Brevet Captain, and Secretary of State.

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 transgress 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 Presi dent 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

of prejudice or personal dislike may exist against the individual holding such office, the office itself should be sacred. For any incompetency or mal-administration the law affords abundant means of remedy and punishment-means which the executive will always be found ready and willing to employ to the full extent of the powers in him vested.

Given at Monterey, California, this 4th day of June, in the year of our Lord 1849. B. RILEY,

Official:

Brevet Brig. Gen. U. S. A., and Governor of California.

H. W. HALLECK,

Brevet Captain and Secretary of State.

PROCLAMATION

Of Gen. Riley, to the people of California, June 3, 1849.

Congress having failed at its recent session to provide a new government for this country to replace that which existed on the annexation of California to the United States, the undersigned would call attention to the means which he deems best calculated to avoid the embarrassments of our present position. The undersigned, in accordance with instructions from the Secretary of War, has assumed the administration of civil affairs in California, not as a military governor, but as the executive of the existing civil government. In the absence of a properly-appointed civil governor, the commanding offi. cer of the department is, by the laws of California, ex officio civil governor of the country; and the instructions from Washington were based on the provisions of these laws. This subject has been misrepresented, or at least misconceived, and currency given to the impression that the government of the country is still military. Such is not the fact. The military government ended with the war, and what remains is the civil government recognised in the existing laws of California. Although the command of the troops in this department and the administration of civil affairs in California are, by the existing laws of the country and the instructions of the President of the United States, temporarily lodged in the hands of the same individual, they are separate and distinct. No military officer other than the commanding general of the department exercises any civil authority by virtue of his military commission; and the powers of the commanding general as ex officio governor are only such as are defined and recognised in the existing laws. The instructions of the Secretary of War make it the duty of all military officers to rec. ognise the existing civil government, and to aid its officers with the military force under their control. Beyond this, any interference is not only uncalled

for, but strictly forbidden. The laws of California not inconsistent with the laws, constitution, and treaties of the United States are still in force, and must continue in force till changed by competent authority. Whatsoever may be thought of the right of the people to temporarily replace the officers of the existing government by others appointed by a provisional territorial legislature, there can be no question that the existing laws of the country must continue in force till replaced by others made and enacted by competent power. That power, by the treaty of peace, as well as from the nature of the case, is vested in Congress. The situation of California in this respect is very different from that of Oregon. The latter was without laws, while the former has a system of laws, which, though somewhat defective and requiring many changes and amendments, must continue in force till repealed by competent legisla tive power. The situation of California is almost identical with that of Louisiana; and the decisions of the Supreme Court in recognising the validity of the laws which existed in that country previous to its annexation to the United States, where not inconsistent with the constitution and laws of the United States, or repealed by legitimate legislative enactments, furnish us a clear and safe guide in our present situation. It is important that citizens should understand this fact, so as not to endanger their property and involve themselves in useless and expensive litigation by giving countenance to persons claiming authority which is not given them by law, and by putting faith in laws which can never be recognised by legitimate courts.

As Congress has failed to organize a new territorial government, it becomes our imperative duty to take some active means to provide for the existing wants of the country. This, it is thought, may be best acccomplished by putting in full vigor the administration of the laws as they now exist, and completing the organization of the civil government by the election and appointment of all officers recognised by law; while at the same time a convention, in which all parts of the Territory are represented, shall meet and frame a State constitution, or a territorial organization, to be submitted to the people for their ratification, and then proposed to Congress for its approval. Considerable time will necessarily elapse before any new government can be legitimately organized and put in operation; in the interim, the existing government, if its organization be completed, will be found sufficient for all our temporary wants.

A brief summary of the organization of the present government may not be uninteresting. It consists, first, of a governor, appointed by the supreme government: in default of such appointment, the office is temporarily vested in the commanding military officer of the department. The powers and duties of the governor are of a limited character, but fully defined and pointed out by the laws. Second, a secretary, whose duties and powers are also properly defined. Third, a territorial or departmental legislature, with limited powers to pass laws of a local character. Fourth, a superior court