California as it is, and as it may be : $b or, A guide to the gold regionWierzbicki, Felix Paul
History
California as it is, and as it may be : $b or, A guide to the gold region
Wierzbicki, Felix Paul
California -- Description and travel; California -- Gold discoveries
Judging from the specimens of the laws proposed in Congress for the
benefit of California, and which, thanks to the knowledge, wisdom and
eloquence of Hon. T. H. Benton, Senator from Missouri, failed to go
into effect, we fear that that honorable body is in danger of running
on shoals in its legislative measures relating to this country, and
particularly in laws affecting landed property. The gentlemen in
Congress apply their American ideas of the value of landed property
to a country that has been, so to say, born and raised under Spanish
system of laws, and is totally different from any of the States in
its domestic and civil arrangements. It would be impossible by any
legislative act to change suddenly the character of former civil
institutions of the country without committing outrageous injustice
to its inhabitants, and even running the risk of raising their
opposition. California, as well as New Mexico, comes into the Union as
a full-grown man, whose habits are already formed, connects himself by
ties of matrimony with another family; his new relations, if they be
wise, do not wish him to be like themselves in every particular, but
gradually by gentle influences, try to assimilate him to themselves,
in which, in the long run, they will succeed. This is precisely the
position of the government of the Union in regard to these newly
acquired territories. To assimilate them by degrees without doing
violence or injustice to their habits and possessions, should be the
rule of a wise legislation. They are not to be punished for what,
in the eyes of American legislators, appears to be defective in the
Spanish or Mexican laws; if so, it would be doing violence to justice,
to the laws of nations, and to the very late treaty by which the
American government bound itself to respect their rights of property
precisely as the Mexican government would have done or did do. The
plain meaning of this is that the government of the United States is
bound to recognize and legalize after its fashion to suit its system of
laws, the present possessions of the Californians as it finds them, and
has no right to go behind the fact of actual possession and scrutinize
and invalidate them. The Mexican government has left them so, as we
find them, and if it had continued its sway in these countries, there
is no possible doubt but it would not have disturbed them. These people
who were brought up to tend their cattle on a large surface of land,
as their grazing farms are, without any knowledge of any other mode
of getting a living, if cut down to the American idea of a farm, of a
hundred and eighty acres, or supposing even a section of 640 acres,
would be reduced to beggary, nay, worse, to servitude. Would such a
step be creditable to an enlightened, Christian nation like the United
States? Tending cattle is their only occupation and only knowledge; it
will take some time before they be trained to a different mode of life.
Public-domain text, read in full here on John Shaqi.
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