Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1850-03-20

!
.roversy, that the sovereignty over the Ter
riiories is yesled in The United States
that is, in the several States composing The
Uninn-and that the power of Iesislaling
over them is expressly vested in Congress,
il follows. that the individuals in CaliIor'
MIA who have undertaken 10 form Con
slituIion and a Sale. and to exercise The
power of leSislating without The consent
Congress, have usnrped the sovereignty
Of the States and the authority of Con-
sress, aud have acted in open defiance
Of both. In other words, what they have
done is revolutionary mud rebelllous IN It's
character, auarctical in its tendency, ond
calculated to lead 10 lhe mnst dangerous
consequences. Had they acted .rnm pre-
meditation and design, il would have been,
in fact. actual rebellion; but such is mot The
ease. The blame lies much less upon
them than upon those who have induced
them 10 tai course so unconstitutional
and dangerou They have been led inlo
it by language held here, aud the course
pursued by he Executive branch Of the
Government.
have not seen the answer Of the Ex-
ecutve to he calls made by ihe'two iinu.
ses Of Consress. for information EeIo the
course which il took, or The part which It
acted, in reference 10 what was done IN
California. ] understand the answers have
NOT yet hcen printed. But there is enough
known 10 justify the assertion, that those
who profess 10 represent aud act under the
authority of tIro Executive, have advised,
aided and encouraged The movement,
which terminated in fnrming, what they
called Constitution and Slate. Gen.
Riley, who professed 10 acl as civil Gov.
ernor, called the Convenrion, determined
on the number aud distribution of The dele.
ga,es-nppointed lime and place of its
meeting-was present during the session.
aud gave its proceedings his appreciation
and sanction. If he acled without aus
thority, he ought to have been tried, or al
least reprimanded and disavowed. Neither
having been done, The presumption is, that
his charge has been approved. This, of
itself, is sufficient TO identify The. Execu'
live with his octs, and TO make it respon-
sibe for them. ] touch NOT The question.
whether Gen. Riley was appoinled, or
received the Instructions under which he
professed TO aci, from tho present Execu.
live, or its predecessor. If from the for
mer. it would implicale The proceeding as
we'll as the present Administration. lfnot,
the responsibility rests exclusively on. The
present.
1t is manifest from this statement. thai
the Executive Department: has undertaken
10 perform acts preparatory 10 the meeting
Of The individuals TO form their so called
Constitution and Government, which ap-
pertain exclusively 10 Congress. lndeeh,
they are Identical in many respects, with
the provisions adopted by Congress. when
it gives permission to Territory to fora, a
Constitution and Government, in order 10
5e admitted as Stale into The Union.
Having now shown lha, The assumption
upon which the EXecuIise aud The indi-
viluaIs in California acrt4 throughout this
whole affair, is uniounded, uncoDsliluiion.
al. and dangerous, il remains 10 make Il
few remarks, in order To show that what
has been done is contrary to the entire
practice If the Government, from its com
mencement TO the present time.
| From ii5 commencement, uE,il tho lime
that Michigan was admitted. the practice
was unifurm. Territorial Governments
were first organized by Congress. The
Government of the Uuiled States appoint.
ed the Governnrs. Judges, Secretaries.
| Marshals, and other officers and The in
habilanls of the Territory were represented
by legislative bodies. whose acts were sub
ect TO The revisions o. Congress. This
State Of things continued until the govern
ment of Territory applied to Congress
10 permit its inhabitants 10 furm Cnnsti-
tuition and Government preparatory 10 ad
mission into the Union. The preliminary
act To giving permissiUn was, 10 ascertain
whether the inhabitants were sufficiently
numerous to authorize them TO be formed
into State. This was done by taking n
Census. That being done, and the mum
ber proving sufficient, permission was
granting it fixed all the prelminaries-
time aud place Of holding the convention.
the qualification of The voters; establish
menl of its boundaries, aud all other mea.
sures necessary TO he settled previous TO
admission. The act giving permission
necessarily wiIhdraws The sovereignty Of
the United States, and leaves The inhabi.
tauls of the incipenl State as free 10 form
their Constitution aud Government, as
were the original States of The Union,
altor they had declared their independence.
! At this stage, the inhabitants of the Ter
rilory became for The first lime people,
10 legal and constitutional language. Priur
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 Uried Suites, with the
powers of Cohgress, and wiz, the right of
people 10 self government.
Michigan was the first case in which
there was any departure from the uniform
rule Of acting. Hers was a very sigh,
departure from established usage. The
ordinance OF 81 secured To her the right of
becoming State when she should have
10000 inhabitants. Owing 10 some neg
lecl, Congress delayed taking the census.
ln The meantime her population increased,
until il clearly exceeded more than twice
the number which entitled her 10 adlns-
sion. AT this slage'"le formed a Consli-
luIion aud Government without the census
being taken by The Uni ed Slales, and Con.
gress waived the omission, astthere was no
L