History of the State of California: From the Period of the Conquest by Spain to Her Occupation by the United States of AmericaFrost, John
History
History of the State of California: From the Period of the Conquest by Spain to Her Occupation by the United States of America
Frost, John
California -- Gold discoveries; California -- History
The publication of a portion of the instructions received from
Washington respecting the government of this country, and the
disposition manifested by the authorities here to enforce the existing
laws, have done much to remove the erroneous opinions which were for a
time entertained by a portion of the people of California. The civil
government of this country has been, and will continue to be,
administered on the principle laid down by the Supreme Court of the
United States, viz: on the transfer of the ceded territory, it has
never been held that the relations of the inhabitants with each other
undergo any change. Their relations with their former sovereign are
dissolved, and new relations are created between them and the
government which has acquired their territory. The mere act which
transfers their country transfers the allegiance of those who remain
in it; and the law which may be denominated political is necessarily
changed, although that which regulates the intercourse and general
conduct of individuals remains in force until altered by the
newly-created power of the State.
The treaty is the law of the land, and admits the inhabitants of
[California] to the enjoyment of the privileges, rights, and
immunities of citizens of the United States. It is unnecessary to
inquire whether this is not their condition, independent of
stipulation. They do not, however, participate in political power;
they do not share in the government till [California] shall become a
State. In the mean time, [California] continues to be a territory of
the United States, governed by virtue of that clause of the
constitution which empowers Congress to make all needful rules and
regulations respecting the territory and other property belonging to
the United States.
When we take into consideration the great mass of floating population
of the United States and of other countries--people of all nations,
kindreds and tongues--which has been suddenly thrown into this
country, it must be acknowledged that every thing has, thus far,
remained remarkably quiet, and that the amount of crime has been much
less than might, under the circumstances, have reasonably been
expected. It is to be feared, however, that during the coming winter,
when large numbers of the miners collect in the towns, public order
may be occasionally disturbed. But it is believed that in the mean
time a more complete organization of the existing government will be
effected, so as to enable the authorities to enforce the laws with
greater regularity and efficiency.
Public-domain text, read in full here on John Shaqi.
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