The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-03-13

.NNNlAiAlat STU AN4tlt etIAAlkA tANy HfaAg Z
The sovereignty, 81 enBrse, Is vested n
lheIn. and nol ia ilie individuals Who have
aliempIed 10 fern . constitution and :
STATE. without their consent. All This is
clear. beyond controversy, unless il can be
shown ihal lhey have since lost or been
disesifd Of their sovereignty.
Nor is il less clear. lllai The power Of
Iegislsiing over he acquired territory il
vested IN Congress. and not. as il assnm-
ed. in The inhabitants OF The Territories.
Nane can deny thai ilne Government ol
lie United States have The power 20 ac-
quire Territories. either BY war or treaty;
but il the power 10 arquire exists, il be-
longs 10 Congress 10 carry il into execu-
lion. On this point there can be no doubt.
for The Constitution expressly provides
that Congress shall have power a 10 make
all laws which shall be necessary and pro-
per TO carry into execution the foregoing
powers" Those vested in Congress.
" and sll other powers vested By this
Constitution in The Government Of the
United Safes. or in any department or
officer thereof" II maIiers mol, then.
where the pnwer.ls vested. for. " vested
al all in the Government OF The United
States. or any Of its departments or sfli-
sers. The power Of carrying il into execu-
lion is clearly vested in Congress. Bul this
important provision. while II gives 10 Con.
gress The power Of legislaling over Terrific.
ries. imposes important restrictions on its
exercise. by resirieling Congress 10 passing
laws necessary and proper Tor carrying The
power into execution. The prohibition
extends. not only 10 all laws moi suitable
or appropriate 10 The object Of the power.
but also 10 al that are unjust. unequal. or
unfair; for al such laws would be unne-
eessary and improper and, therefore, un.
constitutional.
Having now established. beyond con.
iruyersy, that the sovereignty over the
Territories 10 vested in the United States
-tlai is in The several States composing
the Union-and thai the power of legisla.
ting over them is expressly vested in Con.
gress. il follows that The individuals in Ca
lifornia who have undertaken 10 form a
constitution and State, and 10 exercise
ihe power Of legislatng without The con-
sent Of Congress, have usurped The SOW
ereigniy OF the Stale and The authority of
Congress. and have acted in open defiance
OF them both. In other words, what they
have done is revolutionary and rebelllous
in its character, anarcmcal in lis tendency,
and calculated 10 lead 10 the most danger.
Gus consequences. Had they acted from
generalization and design, il would have
been, in fact, actual rebellion; bui such is
NOT Tie case. The blame lies much less
upon them than apon those who have
induced them 10 take a course so uneonsli.
lulional and dangerous. They have been
led into il by language held here. aud The
course pursued by the Executive branch
Of The Government.
! have mol seen the answer Of the Ex-
eculive TO lie calls made BY the Two
House Of Congress for information as 10
the rourse which il took, OF tile part which
u acud. ia reference To what was done IN
California. ] understand The answers
have rot 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. aud encouraged The
movement. which terminated in forming
wha. they call Constitution and Stale.
General Riley, who professcd 10 act as
civil Governor, called the Convention, de.
termined ON the number and distribution
Of the Delegates, appointed The time and
place OF It's meeting, was present during
The session, and gave its proceedings his
appreciation and sanction. Ii lie acted
without authority. he ough; 10 have been
tried, or al least reprimanded and disayow.
ed. Neither having been done, the pre-
sumption is that his course has been ap.
proved. This of itself is sufficient TO
identify the Executive with his acts, and
10 make j, responsible for them. Itouch
moi the question whether Gen. Riley was
appointed or received the instructions IN.
der which he protested 10 acl from the
present Executive or its predecessor. IL
from the former, il would implicate the
preceding as well as The present Admins.
tration. IL not, the responsibility rests
exclusively on the present.
Ii is manifest from this statement that
the Executive Department has undertaken
10 perform acts preparatory TO the meeting
81 tie individuals 10 form their so>called
constitution and Government, which ap.
pertain exclusively TO Congress. Indeed,
they arc identical in many respects with
tile provisions adopted BY Congress, when
il gives PERMISSION to Territory 10 form
a constitution and government in order 10
be admitted as State into the Union.
Having now shown that the assumption
upon which the Executive and The intivi.
duals III California acted throughout This
whole affair is unfounded, unconslilu.
tinnal, and dangerous, il remains 10 make
a lew remarks, in order To show thai what