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Matter of Impeachment.

"Resolved, That the charges exhibited by Mr. William Walker against Judge Parsons, of the district court of the fourth judicial district of this state, and the testimony given in support of them show no cause for impeachment.

"Before concluding the duties which have devolved upon your committee, though it may not be deemed within the appropriate sphere of those duties, from the examination they have given the law in this case, they are induced to recommend the passage of a law, more explicitly defining contempts of court, and the power of courts to punish them. All of which is respectfully submitted.

D. P. BALDWIN,

HIRAM P. OSGOOD,
SAMUEL A. MERRITT."

The resolution reported by the majority of the committee was adopted by the house. The minority of the committee made a separate report, but it has not come into the hands of the reporter. The charges against Judge Parsons were dismissed.

APPENDIX.

THE ALCALDE SYSTEM OF CALIFORNIA.

THIS is the name generally given to the legal and judicial system that existed in California, prior to the adoption of the state judiciary. But so confused are the notions entertained in relation to that system, that a brief account of it may not be deemed inappropriate.

It is said, and perhaps truly, that for a long time the law and the administration of justice in California were in the hands of the Comandantes of the Presidios (Forts) and of the Padres of the missions. Their opinion of the very right of each individual case was the law for the time being. And, perhaps, for the wants of an unlettered peasantry on the extreme borders of civilization, it was much better law, and better adapted to their condition, than the ponderous tomes, and complicated refinements, of the civil law. But early in the history of California appeared that class of magistrates, which occupy so conspicuous a place in all Spanish countries-Alcaldes.

The Al-Caid, or village Judge of the Moors, never enjoyed greater license in the administration of justice among the "faithful" than did the Spanish Alcaldes in remote villages. Yet, Alcaldes were generally popular with the people. So far as they exercised the functions of a court, the pleadings before them were oral, and their proceedings were summary and without appeal in all small matters. Their ready disposition of litigation, brought before them, strangely contrasted with "the interminable and long drawn out" proceedings of Spanish Courts of Record.

Another cause of their popularity was, their position under the law, as amicable compounders, and conciliators of disputes, whose friendly offices must be invoked, before a litigious action could be commenced in a Court of Record.

But the highest honor which the Alcaldes enjoyed, was their political position, as head-men of their village. For, having been chosen by their fellow townsmen, as first councillors of their municipality, they exercised ex officio, the office of Justice of the Peace, when there was no such officer in their several villages, and like that officer the Alcalde became, or might become, Judge of First Instance, during the temporary vacancy of that office. And it is a mooted question, whether Alcaldes were not Judges of First Instance, ex officio, in all "jurisdictions," where Courts of First Instance had not been organized. The

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