The North-Carolina standard., 1850-02-20

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they should proceed to form State constitution. and
establish State government preparatory to asking
mission into the Union. 1t authorized its agent fully
ures best calculated to give them effect" The Exec
utive did not merely tolerate connive at the ac
tion of the people. 1t invited and recommended it.
Through its subordinate the Governor it determined
the time Of actingof election in efec-the qualif-
cations of electors and all the necessary details for
the assembling Of the convention It is true. the Pre-
sident manifests solcitude, that the people, when
thus assembled in convention, should be entirely free
in the formation Of the plan of their new government,
in the adoption Of their constitution and in the esab
shment Of their domestic Institutions. He likewise
has all the time reference to their intended prayer for
admission into the Union, and to the necessity of the
supposed assent of Congress thereto. With strange
inconsistency and confusion of ideas, the Admins
taon seems think itself entirely innocent and ex-
empt from all charge of Executive interference pro-
vided only it left the convention free in action not
withstanding it directly melted and recommended all
the preliminary movements, determined upon quail
cations, and all other the most important details 1t
did not interfere when tdrecty invited subverson of
the existing de acto government 1.-THE formation of a
wholly new and different government, and the adoption
of constitution, permanent organic law Itseems to
consider too, that, the of Congress is
cessary, and be applied for previous to admissions
its knowledge, assent, or approva may be dispensed
with as to all preliminary proceedings, Of whatever
versity and unsoundness Of view in all this.
The mere invitation Recommendation of action
to the people, and his subsequent connivance at all
the ulterior movements, may seem to the superficial
observer very small matter. The first false step
here in morals, entails succession of evils per-
haps not dreamed of. A very small seed apparently,
it has been prolific. 1t has grown, and branched,
and pened, until numberless mschefs its fruits.
The Administration has wholly transcended its simple
executive functions. 1t has incited and aided to
throw the dc facto government it was bound to MAIN
tain, and to supersede all laws it was bound to en-
force. 1t has trenched upon and assumed high leg
islave powers the exclusive functions of Congress,
its coordinate department under the Constitution.
What more clearly matter Of delicate legislative
discretion than to determine the proper time and mode
of establishing rsta territorial government, and sub
sequently the more advanced state of development
and maturity which would justify the erection of
territory into State What graver function Of leg
slatve power than to determine the people who shall
that people who shall enjoy the rights Of Citizen
ship, the qualifications ofthe elective franchise, and
the circumstances under which it shall be exercised
What more solemn occasion for the exercise of Leg
isatve deberaton than to determine on the proprie
ty of calling heterogeneous people to assemble in
convention for radical change Of government, and
the establishment of organic law that may be perpet-
ual Even the details for the assembling Of such a
body-are they not all clearly for Legislative regula
tion Yet the determination of alt these grave mat
ters, the assumption Of all these high powers have
been taken on itself by the present administration,
and are directly involved in its action.
Even more, sir. If this action of the Executive be
tolerated sustained. it involves the divesting and
stripping the States Of this Conederacy without their
concurrence, it may be against their will, of their
this whole Territory of California. They are all
transferred and vested in this new State Of California,
which, with enormous proportions. has sprung into
vigorous existence under the dexerous accouchement
of Executive skill-and this, too, while yet those
very States sadded with the necessity Of paying
many millions for the rights thus summary divested.
This action of the Executive, unless annuled, not
only has involved the exercise of the high Legislative
powers have referred to- but likewise the abrogation
of them in Congress, and its utter inability rghtuy
to exercise them in respect to California. Its action
has been entirely anticipated and frustrated. Con-
gress cannot exercise such powers as, in subordina-
on to the Constitution the principles of our institu-
ons and the rights of the States, it nnquestionably
had. 1t cannot propose territorial government; 1t
cannot prescribe boundaries carve out new territorial
communities it cannot watch over--rear, under its
supervision, infant communities into maturity-pre-
scribe the character of their citizens, determine the
period of their adequate development and preparation
for the high privilege of sovereign States-nay. can
not even (except with the consent of the State OF
California; assert the rights of these United States
make needfnl rules and regulations for their DISPOSE
ton. directly prescribed in Congress by the Con-
stitution.
Sir the entire relation Of California to the United
States has been changed. tits no longer Territory
of the United Staes bnta State clothed with all
ereign attributes, and demanding admission, an
equa into this noble confederacy of sovereignties.
Under the sole tntelage of the Executive; upon his
mere invitation, and by his connvance, the sover-
eighty Of the United States has been abrogaed ter
ritoria dependence renounced, and the attitude OF
independence and sovereignty assumed. Is not this
SO Has not California at this time constitution
and laws, Executive, Legislature, and Judiciary
all the machinery, the powers. and the attributes Of
a separate sovereign State! Has she not already
exercised the highest functions of State! She has
sent forward her prayer for admission State, and
we daily expect her knock at our door. She has
Territory elect Senators, or be admitted to this
Union! The Constitution says States. States only.
But as has been Justly remarked, IS if the Constiu-
ton We're SILENT he would be ignorant indeed of the
character Of political system who did not that
States-sovereign, Independent communties-and
Union of Sates-a Federal .RepubEc.'' Each State
into noble fraternity of equal sovereigntfes,
in every respect coequal. She pledges to the great
constitutional compact faith which should be eve'
sacred. Such act implies option and requires free
dom from territorial subordinaton, and Independence
at liberty TO stay out The privileges of the Union
must be the inducement to admission. A State can
not be eoerced into this Union. That woulc be
| ly at wat with the whole character Of system
and would destroy the very basis of the constitutional
compact-the assent of the States as parties. This
souri, on her memorable application for admission
Under the authority and with the assent Of Congress
the people of pYeviously.consttuted Territory had
met in convention, adopted constitution, and form.