It is thereby ordered that all persons so
holding or detaining Indians shall release them, and permit them to
return to their own homes. Unless they can make a contract with them
which shall be binding upon both parties. The Indian population must
not be regarded in the light of slaves, but it is deemed necessary
that the Indians within the settlement shall have employment, with the
right of choosing their own master and employment. Having made such a
choice they must abide by it, unless they can obtain permission in
writing to leave, or the Justice in their complaint shall consider
they have just cause to annull the contract and permit them to obtain
another employee. All Indians must be required to obtain service and
not be permitted to wander about the country in idleness in a
dissolute manner. If found doing so they will be liable to arrest and
punishment by labor on the public works at the direction of the
Magistrate. All officers, Civil or Military under my command are
required to execute the terms of this order and take notice of every
violation thereof.--Given at headquarters in Yerba Buena.--Signed,
John Montgomery. Sept. 15, 1846. Published for the Government of all
concerned. Washington A. Bartlett, Magistrate of San Francisco, Sept.
15, 1846.--_California Star_, Sept. 15, 1846.

[25] California Laws, 1849-50, p. 408.

[26] _Ibid._, p. 408.

[27] Bancroft, "_History of California_," VI, p. 313.

[28] _Ibid._, p. 313.

[29] _The Californian_, March 16 and Nov. 4, 1848.

[30] Bancroft, "_History of California_," p. 287.

[31] _Jour. Cal. Leg._, 1850, 372-373.

[32] _Cong. Globe_, 1849-50, App., pt. I, 149-157.

[33] Tuthill, "_History of California_," p. 320.

[34] Bancroft, "_History of California_," VI, pp. 252-253.

[35] _Ibid._, p. 595.

[36] Many Negroes were returned to slavery by the Courts. An owner of
slaves in Mississippi brought them voluntarily into California before
the adoption of the Constitution by the State. The slaves asserted
their freedom and for some months were engaged in business for
themselves. The owner under the provision of the Fugitive Slave Act of
1852 brought them before the Justice of Peace, who allowed the claim
of the owners and ordered them into his custody. The slaves then
petitioned for a writ of habeas corpus which came before the Supreme.
Court and after hearing the case the Court ordered that the writ be
dismissed and the slaves remanded to their owners.--_C