Weekly Alta California, Number 2, 11 January 1849
United States.
By the Brig Cayuga, Capt. Sevige, twenty-three days from San Blas, we have received late intellgence from the United States. We are indebted to Capt. Savage and the supercargo of the Cayuga, Mr. Probst, for a copy of the N. Y. Courier & Enquirer, of October 13, 1848, and for files of late Mexican and English papers. We extract from the Courier & Enquirer the following letter of Col. Benton. We have not time or room for comment:
TO THE PEOPLE OF CALIFORNIA: The treaty with Mexico makes you citizens of the United States; Congress has not yet passed the laws to give you the blessings of our government; and it may be some time before it does so. In the meantime, while your condition is anomalous and critical, it calls for the exercise of the soundest discretion and the most exalted patriotism on your part. The temporary civil and military government established over you as a right of war, is at an end. The edicts promulgated by your temporary Governors Kearny and Mason, (each an ignoramus,) so far as these edicts went to change the laws of the land, are null and void, and were so from the beginning, for the laws of a country remain in force unless altered by the proper legislative authority, and no legislative authority has yet altered the laws which existed at the time of your conquest. The laws of California are still what they were, and are sufficient for your present protection, with some slight additions derived from your voluntary consent, and administered by officers of your own election.
Having no lawful government, nor lawful officers, you can get none except by your own act ; you can have none that can have authority over you except by your own consent. Its sanction must be in the will of the majority. I recommend you to meet in convention — provide for a cheap and simple government — and take care of yourselves until Congress can provide for you.
You need a governor and judges, and some peace and militia officers — that is about all. The Roman civil law, which is the basis of your law, is just and wise, and only needs to be administered by upright judges, (alcaldes) whom you should elect. Avoid new codes of law until introduced by permanent authority — You need little at present, in addition to what you have, and that your convention can give you, to wit: elections, trial by jury, and courts of “Reconciliation.” The latter is for the termination of disputes without law, by the mediation of the judge; it is easily engrafted on the Roman civil law, which you have, and which favors arbitration and amicable settlements. It is founded on the command in Scripture, ” agree with thine adversary quickly while thou art in the way with him, ” &c. It exists in some of the northern European nations, Norway especially, where two-thirds of all the disputes are settled in courts of ” Reconciliation.”
You have been disappointed in not receiving the pay due you for military services and sacrifices during the war. A bill passed the Senate appropriating $700,000 for that purpose; that bill was balked in the Committee of the House of Representatives by lies against Col. Fremont, sent here by Col. Mason and the notorious Col. Jonathan D. Stevenson. Seeing that bill was lost, a less sum of $200,000 was again passed by the Senate to meet the most urgent best ascertained claims; it also was lost in the House of Representatives through the effect of the same lies. But, do not despair, you will yet be paid; and I believe there are funds now at the disposal of the President for war purposes, out of which he may order you to be paid.
The emigrants want land; they went to the country for land. It is a great misfortune that Congress has passed no law to grant it to them, but the law will come, and grants will be made, probably according to the Oregon bill that passed the Senate some years ago — 640 acres to each head of a family (widows and young men over 18 being so counted) — 160 acres to the father for each child under 10, and the same to the wife. I would advise you to act upon this bill of the Senate — all the present emigrants, and all that shall arrive before Congress establishes a Government for the country, and all the old settlers who are without land; each to make his own location, taking care to avoid interferences with one another, or with old claims considered good, or even probably good; and making tracts in squares, and to the cardinal points.
Avoid, if possible, law suits above everything else. They are a moth which eats up the crop, and often the land itself. Beside, no judgment in a land case would be valid, being a proceeding in rem. unless agreed to by both parties — decided by arbitration, or in a court of “Reconciliation.” Imports which have paid no duties to the U. States should pay them to you — moderately, so as not to repress trade or burden the consumers — say 20 per cent, on the value whence imported. Less, or even none, would be better.
You are apprised that the question of extending African Slavery to California, occupies at present, the attention of our Congress. l know of nothing that you can do at this time that can influence the decision of that question here. When you become a State, the entire and absolute decision of it will be in your own hands; in your present condition, and with your paucity of numbers I would recommend total abstinence from the agitation of the question. Such agitation might distract yourselves when you ought to be united as one man, doing harm where you are, and no good here.
Two years ago, when the people of Oregon were left without a Government, I addressed them a letter, recommending to them peace and order among themselves, reliance upon Congress and submission to their own voluntary Government until replaced by another; and I promised them eventual protection from our laws if they so conducted themselves. They did; and the promise has been fulfilled. I now make the same promise to you, in the name of many others as well as myself; and I hope to see it fulfilled on the same conditions.
Written at Washington City, this 27th day of August, 1848, and sent by Col. Fremont.
THOMAS H. BENTON.
APPENDIX A — LAWSUITS. The ” Court of Reconciliation,” as established in Norway, is thus described by a late American traveler: “ln every school district, the free-holders elect a Justice of the Court of Reconciliation. Every lawsuit must be brought before this Justice, and by the parties in person, as no lawyer or attorney is allowed to practice in this Court. The parties appear in person, and state their mutual complaints and grievances at length, and the Justice carefully notes down all the facts and statements of the plaintiff and defendant, and, after due consideration, endeavors to arrange the matter, and proposes for this purpose, what he considers perfectly just and fair in the premises. If the judgment is accepted, it is immediately entered in the Court above, which is a Court of Record; and if it is appealed from, the case goes up to the District Court upon the evidence already taken in writing, by the Justice of the Court of Reconciliation. No other evidence is admitted. If the terms proposed by the Justice are pronounced to be just and reasonable, the party appealing has to pay the costs and charges of appeal. More than two-thirds of the suits commenced are settled in the Court of Reconciliation, and of the remaining third not settled, not more than one-tenth are ever carried up.”