« PrejšnjaNaprej »
rior Court (Tribunal Superior) of the Territory, consisting of four Judges and a Fiscal. 5th. A Perfect and sub-Perfects 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. 6th. A Judge of First Instance for each District. This office is loy a custom not inconsistent with the laws, vested in the 1st Alcade of the District. 7th. Alcades who have concurrent jurisdiction among themselves in the same district, but are subordinate to the bigher judicial tribunals. 8th. Local Justices of the Peace. 9th. 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. 1. In order to complete this organization with the least possible delay, the undersigned, in virtue of power in him vested, does hereby appoint the first 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 Ist Alcade (or Judge of First Instance,) Alcades, 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 wisties 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 Ist Alcade (or Judge of First Instance) and of Alcades. One Judge of the Superior Court will be elected in the Districts San Diego, Los Angeles and Santa Barbara ; one in the cts of San Luis Obispo and Monterey; one in the Districts of San Jose and San Francisco ; and one in the Districts of Sonoma, Sacramento, and San Joaquin. The Salaries of the Judges of the Supe. rior 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 Alcades, Justices of the Peace, Sheriffs, Constables, &c.
All local Alcades, Justices of the Peace, and members of Town Councils elected at the special election, will continue in office till the 1st 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 37 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 Jose 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 the 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 Baptiste, Santa Cruz, San Jose de Guadalupe, San Francisco, San Rafael, Bodega, Sonoma, Benecia; (the places for holding election in the Sacramento and San Joaquin Districts, will be hereafter designated.) The local Alcades and members of the Ayuntamientos or Town Cuuncils
, 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 o'clock, 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 district where they actually reside.
Great care should be taken by the Inspectors that votes are received only from bona fide citizeng 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 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.
38. The District of Santa Barbara is bounded 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 existing 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 Jose is bounded on the north by the straits of Carquenas, 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 Jose and Monterey, and on the east and north by the bay of San Francisco, including the islands in 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 by 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, California, this third day of June, A, D. 1849.
Brevet Brig. Gen. U. S. A., and Governor of California. Official-H, W. HALLECK,
Brevet Cupt. and Secretary of State.
PROCEEDINGS OF THE CONVENTION.
SATURDAY, SEPTEMBER 1, 1849. In pursuance of Gov. Riley's Proclamation of the 3d of June last, the Con. vention for forming a State Constitution for California, met in Colton Hall, in the town of Monterey, at 12 M. on Saturday, the 1st of September, 1849.
The following Delegates appeared and took their seats, viz :
District of San Jose.—Kimball H. Dimmick, J. D. Hoppe, Joseph Aram, An. tonio M. Pico.
District of Monterey.--H. Wager Halleck, Thos. O. Larkin.
On motion of Mr. HALLECK, Kimball H. Dimmick, Esq., was appointed Chair. man, pro tempore.
On motion of Mr. DIMMICK, Henry A. Tefft, Esq., was appointed Secretary, pro tempore.
Whereupon, it appearing that a quorum was not present, on motion of Mr. HalLECK, the Convention adjourned to meet again on Monday, September 3, 1849, at 12 M.
MONDAY, SEPTEMBER 3, 1849. The Convention met pursuant to adjournment. Prayer by the Rev. S. H. Willey. The minutes of Saturday's meeting were read and approved.
The Chair announced the receipt of a communication from the Governor, through the Secretary of State, transmitting the election returns from the various Districts of California, together with the names of the Delegates elected. The communication was read by the Secretary of the Convention, as follows:
STATE DEPARTMENT OF CALIFORNIA,
MONTEREY, SEPTEMBER 3, 1849. Hon. K. H. Dimmick, Chairman of the Convention :
Sir: I have the honor to transmit herewith by direction of the Governor, all the returns which have been received up to this date, of the election of delegates in the several districts for the general Convention. These papers are numbered from 1 to 51 inclusive. As they are originals, and contain the vote for district and town officers, as well as for delegates to the Convention, it is hoped that they will be preserved with care, and returned to this office as soon as your honorable body shall have completed its organization,
It appears from the returns that the following regular delegates are elected from the several districts, viz :
From San Diego.—Miguel de Pedrorena, Henry Hill.
San Joaquin.-It appears from the returns from this district, that in the town of Stockton, (for reasons stated in the report of the Judges and Inspectors of election) the election was held on the 16th instead of the 1st of August. Counting all the votes polled in the district, including the town of Stockton, it appears that the four delegates elected are, J. M. Hollingsworth, S. Haley, B. S. Lippincott, C. L. Peck.
But if only the votes polled on the 1st of August are to be counted, i. e., if the vote of Stockton be excluded, the four delegates elected are, J. M. Hollingsworth, S. L. Vermuile, M. Fallon, B. F. Moore.
This question is left for the decision of your honorable body, which is deemed the proper judge of the election returns and qualifications of its own members.
As the relative population of the several districts has materially changed since the issuing of the proclamation of June 3d, calling for the election of delegates to this Convention, the Governor would respectfully recommend that additional delegates be received from some of the larger and more populous districts. It should, however, be remeinbered, that, at the time of holding the election, (on the 1st day of August last,) many of the legal voters were absent from the middle and southern portions of the country; so that the number of votes actually polled, will not serve as a perfect criterion by which to judge of the true relative population of the different districts. It is hoped that, by mutual concessions, all these questions may be amicably arranged, and that a spirit of harmony and good will may prevail in your councils. You have an important work before you, the laying of the corner-stone of the State structure ; and the stability of the edifice will depend upon the character of the foundation which you may establish. Your materials are good ; let it never be said that the builders lacked skill in putting them together! By order of the Governor :
H. W, HALLECK,
Brevet Capt. and Secretary of State. THE CHAIR stated that there appeared to be a question as to the regularly elected delegates from the District of San Joaquin. It would be for the Convention to decide who were the members elected.
MR. SEMPLE observed that he would offer, as soon as he could put it in writing, a resolution accepting the whole vote of the district, and admitting the four dele. gates having the highest number of votes. From the best information he could collect, he understood it to be a very fair and full election, notwithstanding it had been postponed from the day first designated, to á later period. He presumed the principal object in view was, that the mass of the people should be fully and fairly represented in this Convention; and he trusted the House would
pursue most liberal course in admitting the additional members.
MR. Gwin asked if the gentleman (Mr. Semple,) would introduce his motion in writing. He had an amendment to offer.
MR. SEMPLE then submitted the following resolution :
Resolved, That the whole vote from the San Joaquin District be received, and the members elect be invited to take their seats.
MR. GWIN would move an amendment to the resolution. To admit all of the members now present from the San Joaquin District, without contest as to the number of votes cast, or where they were cast. He considered that the district was entitled to a much larger representation than the number now here claiming seats. He considered it nothing but an act of justice that the the District of San Joaquin should be fully and fairly represented in the original organization of this body; and he contended that every member who had received a respectable num. ber of votes, was entitled to a seat in the Convention. San Joaquin was clearly entitled to ten members. If there were not ten other persons voted for, who had
eceived more votes, these members were dúly elected by the people, and had a right to participate in the organization of the Convention. He was authorized to say that the returns presented to the House were not correct—that a full statement of the vote polled, had not reached the Secretary of State.
MR. HALLECK was opposed to both the resolution and amendment. He thought the difficulty might be obviated by the appointment of a committee of one delegate from each district, with authority to report to the Convention the number of dele. gates regularly elected in each district, and the names of the persons entitled to seats. It was quite probable complete returns had not been received. Additional returns to the Secretary's office might possibly come in during the day. The only