FREE BOOKS

Author's List




PREV.   NEXT  
|<   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32  
33   34   35   36   37   38   39   40   41   42   >>  
amation concerning the mines, which at the time was taken as a finality and certainty as to the status of mining titles in their international aspect. "From and after this date," the proclamation read, "the Mexican laws and customs now prevailing in California relative to the denouncement of mines are hereby abolished." Although, as the law was fourteen years afterwards expounded by the United States Supreme Court, the act was unnecessary as a precautionary measure[3] still the practical result of the timeliness of the proclamation was to prevent attempts to found private titles to the new discovery of gold on any customs or laws of Mexico. Meantime, California was governed by military authority,--was treated as if it were merely a military outpost, away out somewhere west of the "Great American Desert." Except an act to provide for the deliveries and taking of mails at certain points on the coast, and a resolution authorizing the furnishing of arms and ammunition to certain immigrants, no Federal act was passed with reference to California in any relation; in no act of Congress was California even mentioned after its annexation, until the act of March 3, 1849, extending the revenue laws of the United States "over the territory and waters of Upper California, and to create certain collection districts therein." This act of March 3, 1849, not only did not extend the general laws of the United States over California, but did not even create a local tribunal for its enforcement, providing that the District Court of Louisiana and the Supreme Court of Oregon should be courts of original jurisdiction to take cognizance of all violations of its provisions. Not even the act of September 9, 1850, admitting California into the Union, extended the general laws of the United States over the State by express provision. Not until the act of September 26, 1850, establishing a District Court in the State, was it enacted by Congress "that all the laws of the United States which are not locally inapplicable shall have the same force and effect within the said State of California as elsewhere in the United States[4]." Though no general Federal laws were extended by Congress over the later acquisitions from Mexico for more than two years after the end of the war, the paramount title to the public lands had vested in the Federal Government by virtue of the provisions of the treaty of peace; the public land itself had become part of the p
PREV.   NEXT  
|<   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32  
33   34   35   36   37   38   39   40   41   42   >>  



Top keywords:

California

 
States
 

United

 

Congress

 

Federal

 

general

 
extended
 

Mexico

 

District

 
Supreme

September

 
public
 

titles

 

provisions

 
proclamation
 
create
 
military
 

customs

 

jurisdiction

 
violations

original

 

cognizance

 

extend

 

districts

 

collection

 

tribunal

 

Oregon

 
Louisiana
 

enforcement

 

providing


courts
 
inapplicable
 
paramount
 

acquisitions

 

vested

 
Government
 
virtue
 

treaty

 

Though

 

establishing


enacted

 
locally
 

provision

 

express

 

admitting

 

waters

 

effect

 
authorizing
 

expounded

 
unnecessary