Sidebilder
PDF
ePub

(tribunal superior) of the Territory, consisting of four judges and a fiscal. Fifth, a prefect and sub-prefects for each district, who are charged with the preservation of public order and the execution of the laws: their duties correspond, in a great measure, with those of district marshals and sheriffs. Sixth, a judge of first instance for each district: this office is, by a custom not inconsistent with the laws, vested in the first alcalde of the district. Seventh, alcaldes, who have concurrent jurisdiction among themselves in the same district, but are subordinate to the highest judicial tribunals. Eighth, local justices of the peace. Ninth, ayuntamientos, or town councils. The powers and functions of all these officers are fully defined in the laws of this country, and are almost identical with those of the corresponding officers in the Atlantic and western States.

In order to complete this organization with the least possible delay, the undersigned, in virtue of power in him vested, does hereby appoint the 1st of August next as the day for holding a special election for delegates to a general convention, and for filling the offices of judges of the superior court, prefects, and sub-prefects, and all vacancies in the offices of first alcalde, (or judge of first instance,) alcaldes, justices of the peace, and town councils. The judges of the superior court, and district prefects are, by law, executive appointments; but, being desirous that the wishes of the people should be fully consulted, the governor will appoint such persons as may receive the plurality of votes in their respective districts, provided they are competent and eligible to the office. Each district will therefore elect a prefect and two sub-prefects, and fill the vacancies in the offices of first alcalde, (or judge of first instance,) and of alcaldes. One judge of the superior court will be elected in the districts of San Diego, Los Angeles, and Santa Barbara; one in the district of San Luis Obispo and Monterey; one in the districts of San José and San Francisco; and one in the districts of Sonoma, Sacramento, and San Joaquin. The salaries of the judges of the superior court, the prefects and judges of first instance, are regulated by the governor, but cannot exceed, for the first, $4,000 per annum; for the second, $2,500; and for the third, $1,500. These salaries will be paid out of the civil fund which has been formed from the proceeds of the customs, provided no instructions to the contrary are received from Washington. The law requires that the judges of the superior court meet within three months after its organization, and form a tariff of fees for the different territorial courts and legal officers, including all alcaldes, justices of the peace. sheriffs, constables, &c. All local alcaldes, justices of the peace, and members of town councils elected at the special election, will continue in office till the 1st of January, 1850, when their places will be supplied by the persons who may be elected at the regular annual election, which takes place in November, at which time the election of members to the territorial assembly will also be held.

The general convention for forming a State constitution or a plan for territorial government will consist of thirty-seven delegates, who will meet in Monterey on the first day of September next. These delegates will be chosen as follows:

The district of San Diego will elect two delegates; of Los Angeles, four; of Santa Barbara, two; of San Luis Obispo, two; of Monterey, five; of San José, five; of San Francisco, five; of Sonoma, four; of Sacramento, four; of San Joaquin, four. Should any district think itself entitled to a greater number of delegates than above named, it may elect supernumeraries, who, on the organization of the convention, will be admitted or not, at the pleasure of that body.

The places for holding the election will be as follows; San Diego, San Juan Capistrano, Los Angeles, San Fernando, San Buenaventura, Santa Barbara, Nepoma, San Luis Obispo, Monterey, San Juan Bautista, Santa Cruz, San José de Guadalupe, San Francisco, San Rafael, Bodega, Sonoma, Benicia. (The places for holding elections in the Sacramento and San Joaquin districts will be hereafter designated.) The local alcaldes and members of the ayuntamientos, or town councils will act as judges and inspectors of elections. In case there should be less than three such judges and inspectors present at each of the places designated on the day of election, the people will appoint some competent persons to fill the vacancies. The polls will be open from 10 a. m. to 4 p. m., or until sunset, if the judges deem it necessary.

Every free male citizen of the United States and of Upper California, 21 years of age, and actually resident in the district where the vote is offered, will be entitled to the right of suffrage. All citizens of Lower California who have been forced to come to this Territory on account of having rendered assistance to the American troops during the recent war with Mexico should also be allowed to vote in the districts where they actually reside.

Great care should be taken by the inspectors that votes are received only from bona fide citizens, actually resident in the country. These judges and inspectors, previous to entering upon the duties of their office, should take an oath faithfully and truly to perform these duties. The returns should state distinctly the number of votes received for each candidate, be signed by the inspectors, sealed and immediately transmitted to the secretary of state, for file in his office. The following are the limits of the several districts:

1st. The district of San Diego is bounded on the south by Lower California, on the west by the sea, on the north by the parallel of latitude including the mission of San Juan Capistrano, and on the east by the Colorado river.

2d. The district of Los Angeles is bounded on the south by the district of San Diego, on the west by the sea, on the north by the Santa Clara river, and a parallel of latitude running from the head waters of that river to the Colorado.

3d. The district of Santa Barbara, is hounded on the south by the district

of Los Angeles, on the west by the sea, on the north by Santa Inez river and a parallel of latitude extending from the head waters of that river to the summit of the coast range of mountains.

4th. The district of San Luis Obispo is bounded on the south by the district of Santa Barbara, on the west by the sea, on the north by a parallel of latitude including San Miguel, and on the east by the coast range of mountains.

5th. The district of Monterey is bounded on the south by the district of San Luis, and on the north and east by a line running east from New Year's Point to the summit of the Santa Clara range of mountains, thence along the summit of that range to the Arroya de los Leagas and a parallel of latitude extending to the summit of the coast range, and along that range to the district of San Luis.

6th. The district of San José is bounded on the north by the straits of Karquinez, the bay of San Francisco, the arroya of San Francisquito, and a parallel of latitude to the summit of Santa Clara mountains, on the west and south by the Santa Clara mountains and the district of Monterey, and on the east by the coast range.

7th. The district of San Francisco is bounded on the west by the sea, on the south by the districts of San José and Monterey, and on the east and north by the the bay of San Francisco, including the islands of that bay.

8th. The district of Sonoma includes all the country bounded by the sea, the bays of San Francisco and Suisun, the Sacramento river, and Oregon. 9th. The district of Sacramento is bounded on the north and west by the Sacramento river, on the east by the Sierra Nevada, and on the south by the Cosumnes river.

10th. The district of San Joaquin includes all the country south of the Sacramento district, and lying between the coast range and the Sierra Nevada.

The method here indicated to attain what is desired by all, viz: a more perfect political organization, is deemed the most direct and safe that can be adopted, and one fully authorized by law. It is the course advised by the President, and the Secretaries of State and of War of the United States, and is calculated to avoid the innumerable evils which must necessarily result from any attempt at illegal local legislation. It is therefore hoped that it will meet the approbation of the people of California, and that all good citizens will unite in carrying it into execution.

Given at Monterey, Cailfornia, this third day of June, in the year of our Lord eighteen hundred and forty-nine.

Official:

B. RILEY,

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

H. W. HALLECK,

Brevet Captain, and Secretary of State.

TREATY

BETWEEN SPAIN AND MEXICO.

Treaty of Amity and Commerce between Spain and the Mexican Republic. Dated at Madrid, November 28, 1836. Ratified by the President of the Mexican Republic May 3, 1837, and by Spain November 16, 1837; and ordered to be published by a decree of the Mexican Congress of Feb. 28, 1838.

Decree of the Mexican Congress of February 28, 1838.

TREATY OF AMITY AND COMMERCE WITH HER MAJESTY, THE QUEEN OF SPAIN.

THE President of the Mexican Republic to all to whom these presents shall come, Know Ye:-That having concluded and established at Madrid on the twenty-eighth day of December, one thousand eight hundred and thirty-six, a treaty of peace and amity between this republic and her Catholic majesty the queen regent of Spain through the medium of the plenipotentiaries of both governments for that purpose duly and respectively authorized, the tenor of what is as follows:

In the name of the most holy Trinity-The Mexican republic on the one part, and on the other her Catholic majesty Doña Isabel 2d-by the grace of God and by the Constitution of the Spanish monarchy, queen of Spain and during her minority, the queen dowager Doña Maria Christina de Borbon her august mother, regent of the kingdom; earnestly desiring to bring to an end the state of non-intercourse and misunderstanding which has existed between the two governments and between the citizens and subjects of the respective countries and to cause to be forever forgotten the past differences and dissensions, by which for so long a time the relations of friendship and good understanding have been most unhappily interrupted between the people of both countries, although by their mutual bond of union, their identity of origin and reciprocal interests called upon to regard each other as brothers and to establish and permanently to secure said relations for their mutual benefit by means of a definite treaty of peace and sincere friendship—and to this end they have nominated and appointed as their plenipotentiaries as follows-His Excellency the President of the Mexican Republic, His Excellency Jose D. Miguel Santa Maria, minister plenipotentiary of the same at the Court of London and Envoy extraordinary near that of Her Catholic majesty. And Her Catholic majesty, and in her

royal name the queen regent has appointed Sr. D. Jose Maria Calatrava, her Secretary of State and President of the council of ministers: who, after having interchanged their credentials, found to be in due form, have agreed upon the following articles.

ART. 1. Her majesty the queen regent of Spain in the name of her august daughter Doña Isabel II. recognises the republic of Mexico as a free, Sovereign, and independent nation, composed of those states and countries specified in her Constitutional law, that is to say, the territory comprehended in the viceroyalty heretofore called New Spain, that styled the Captain-generalship of Yucatan, that in the Commandicies so called, of the internal provinces of the East and West and of Lower and Upper California, and the lands annexed and the Islands adjacent, in both Seas which are actually in possession of said republic. And Her majesty renounces as well for herself as for her heirs and successors all claims to the government, proprietorship and territorial right in the said states and countries.

ART. 2. There shall be total oblivion as to all that has passed, and a general and complete amnesty in relation to all Mexicans and Spaniards without any exception, who may have been expelled, absent, banished or concealed, or who may chance to have been made prisoners, or confined without the knowledge of their respective governments, whatsoever part they may have taken during the wars and disputations happily terminated by the present treaty, both during the whole period of their continuance and until the ratification of this treaty. And the stipulation for this amnesty, and the granting of the same arise from the high interposition of her Catholic Majesty in proof of the desire which animates her that, united upon principles of justice and kindness, the strictest friendship, peace and union now, henceforth and forever, may be preserved between her subjects and the citizens of the Republic of Mexico.

ART. 3. The Republic of Mexico and her Catholic Majesty agree that the respective citizens and subjects of both nations shall enjoy their rights freely, and promptly to demand and obtain justice and ample satisfaction of debts contracted between them in good faith; and in like manner that there shall not be interposed on the part of the public authorities any legal impediment to the maintenance of their rights arising from marriage, inheritance by will or ab intestato, succession, or by any other of the modes of acquiring property recognised by the laws of the country where reclamation is sought to be obtained.

ART. 4. The high contracting parties also agree to proceed with all possible despatch to arrange and conclude a treaty of commerce and navigation, founded upon principles of reciprocal advantage to the respective countries.

ART. 5. The citizens of the Mexican Republic and the subjects of Her Catholic Majesty shall be treated, in relation to the imposition of duties on the products of the earth, goods, and merchandise which they shall import

« ForrigeFortsett »