The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-05

others equally great, and, if possible greater as
shall next proceed TO explain.
In claiming the right for the inhabitants instead
of Congress, to legisate for the Territories in the
Executive proyiso, il assumes that the sovereignty
over the Territories is vested in the former; or to
express ii in the language used in resolution Of
fered by one OF the Senators from Texas General
HousToN, now absent,) they have 'the same in
herent right Of self government as the people in the
States" The assumption 10 utterly unfounded
unconstitutional, without example, and contrary
to the entire practice Of the Government, from its
commencement TO the present time, as shall pro-
coed to show.
The recent movement Of individuals in Califor.
mia to form constitution and State government
and to appoint senators and representatives, is the
hrst fruit OF this monsrous assumption. II the in
dividuals, who made this movement, had gone in
TO California adventurers and If, as such, they
had conquered the territory and established their
independence, the sovereignty of the country
would have been vested in them, as a separate and
independent community. In that case, they would
have had the right to form a constitution. and to
establish government for themselves and, if
afterwards, they thought proper to apply to Con-
gress for admission into the Union as a sovereign
and independent State, all this would have been
regular, and according to established principles.
But such is not the case. II was the United States
who conquered California, and finally acquired it
by treaty. The sovereignty, of course, invested
in them, and not in the individuals who have at
a
out their consent. All this is clear beyond contro-
versy, unless it be shown that they have since
lost or been Invested Of their sovereignty.
Nor is it less clear that the power of legislating
over the acquired territory is vested in Congress,
and not, as is assumed in the inhabitants Of the
Territories. None can deny that the Government
OF the United States have the power to acquire Ter
ritories, either by treaty; but if the power
to acquire exists, belongs to Congress to carry it
into execution. On this point there can be no
no Ivy hat
Congress shall have power !" to make all laws
which shall be necessary and proper to carry into
execution the foregoing powers" (those vested in
Congress,) " and all other powers vested by this
Constitution In the Government ofthe United States,
or In any department or office thereof" 1t matters
not, them where the power is vested; for, Invested
at all in the Government of the United States, or
any OF Its departments, or officers, the power Of
carrying IT into execution Is clearly vested in Con-
gress. But this important provision, while it gives
TO Congress the power of legislating over Terrific
ries, imposes important restrictions its exercise
by restricting Congress to passing laws necessary
and proper for carrying the power into execution.
The prohibition extends, not only to all laws not
suitable or appropriate to the object of the power
but also to all that are unjust, unequal, or unfair
for all such laws would be unnecessary and impro-
per, and, therefore, unconstitutional.
Having now established, beyond controversy, that
the sovereignty the Territories is vested in the
United Statesthatis, in the several States compos-
ing the Union-and that the power of legislating
over them is expressly vested in Congress- it follows
that the individuals in California who have under
taken TO form constitution and State, and to
ercise the power of egslating without the consent
OF Congress, have usurped the sovereignty of the
State and the authority of Congress, and have acted
In open defiance of both. In other words, what
they have done Is revolutionary and rebellious in
its character, anarchical in its tendency, and cal
culated to lead to the most dangerous consequences.
Had they acted from premsditation and design, it
would have been in fact actual rebellion; but such
Is not the case. The blame lies much less upon
them than upon those who have induced them to
take course 80 unconstitutional and dangerous.
They have been led into il by language held here,
and the course pursued by the Executive branch Of
the Government.
have not seen the answer of the Executive to the
calls made by the two Houses of Congress for in
formation az TO the course which it took the part
which II acted, in reference to what was done in
California. j understand the answers have not yet
been printed But there is enough known to justify
the assertion, that those who profess to represent
and act under the authority Of the Executive have
advised, aided, and encouraged the movement,
which terminated in forming what they call con-
stituton and State. General Riley, who protested
to act as civil governor, called the convention, de-
termined ON the number and distribution of the
delegates, appointed the time and place of its meet
ing, was present during the session, and gave its
proceedings bis appreciation and sanction. If he
acted without authority, he ought TO have been
tried, or at least reprimanded and disavowed. Mel
Their having been done, the presumption is, that his
course has been approved This of itself sufficient
to identify the Executive with his acts and to make
1t responsible for them touch not the question,
whether General Riley appointed or received
the instructions under which he professed to act
from the present Executive, its predecessor. IL
from the former, il would implicatc the preceding
as well as the present Administration If not, the
responsibility rests exclusively on the present.
IL 10 manifest from this statement, that the Execu-
tive Department has undertaken to perform acts
preparatory to the meeting Of the individuals TO
form their so-callcd constitution and government,
which appertain exclusively to Congress. Indeed,
they are Identical, In many respects, with the pro-
visions adopted by Congress, when it gives permits
sion 70 Territory 10 form a constitution and gov
ernment in order TO be admitted as State into the
Union.
Having now shown that the assumption upon
which the Executive and the individuals in Cali
fornia acted throughout this whole affair is I'M
founded, unconstitutional, and dangerous, il re-
mains TO make few remarks, in order to show that
what has been done IL contrary TO the entire prsc-
tice OF the Government from its commencement 10
the present time.
From its commencement until the time that
michigan was admitted, the practice was uniform.
Territorial governments were first organized by
Congress. The Government Of the United
States appointed the Governors, Judges, Secreta-
ries, Marshsls, and other officers and the inhabi
tants OF the Territory were represented by legs
latve bodies, whose acts were subject TO the revi
sions OF Congress. This state Of things continued
gress 10 permit its inhabitants to form constitution
and government, preparatory TO admission into the
Union. The preliminary act TO giving permission
vas 10 ascertain whether the inhabitants suf-
GENTLY numerous TO authorize them 10 be formed
into State. This done by taking a census.
That being done, and the number proving sufi-
Gent, permission was granted. The act granting
i fixed all the preminarics-tht time and place Of
holding the convention; the qualification Of the
voters; establishment Of its boundaries, and all
other measures necessary 10 be settled previous 10
admission. The act giving permission necessarily
withdraws the sovereignty Of the United States,
and leaves the inhabitants of the incpent State
free 10 form their constitution and government as
we're the original States Of the Union after they had
declared their Independence. At this stage, the
inhabitants Of the Territory became for the first
time people, in legal and constitutional language.
Prior TO this they were, by the old acts OF Con-
gress, called inhabitants, and not people. All this
Is perfectly consistent with the sovereignty Of the
United States with the powers ofCongress and with
the right Oft people to selfgovernmcnt.
Michigan was the first case in which there was
any departure from the uniform rule Of acting.
Hers was a very slight departure from established
usage. The ordinance Of 'S7 secured 10 her the
right Of becoming State when she should have
$1,000 inhabitants. Owing 10 some neglect, Con-
grees delayed taking the census. In the mean
time her population Increased, until IL clearly
cecded more than twics the number which entitled
her 10 admission. Al this stage she formed a con-
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