Draft signed August 29, 1846
This is a draft version of the proclamation later issued by Commander John B. Montgomery at Yerba Buena on September 15, 1846.
The published version is more formal and precise in its legal wording, but the main points remain: Native Californians were not to be regarded as slaves, yet their labor and ability to leave employment were still under official control.
The draft shows this proclamation was not a casual notice, but a governing document to curb abuse while preserving the existing labor system.
Key changes between the August 29 draft and the September 15 published version:
“without any contract” > “without any legal contract. (This made the requirement more legally precise.)
“which contract must be faithfully kept on both parties” > “which contract shall be binding upon both parties.” (This is legal tightening. “Faithfully kept” sounds moral, but “binding upon both parties” sounds enforceable.)
“should have employment” > “shall have employment.”
“should” > "shall" ( "should" sounds advisory, whereas "shall” sounds mandatory.
“he must be made to abide by it” > “they must abide by it.”
Heller Reading Room, Bancroft Library Folder 162
