California Romantic and Resourceful; : a plea for the collection, preservation and diffusion of information relating to Pacific coast history by John Francis Davis
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page 12 of 49 (24%)
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"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 public domain of the United States. The army of occupation, however, offered no opposition to the invading army of prospectors. The miners were, in 1849, twenty years ahead of the railroad and the electric telegraph. The telephone had not yet been invented. In the parlance of the times, the prospectors "had |
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