The southern press., 1850-06-25

al oSIuioisioh VI toii'.oiJ J 10 oiso al oSiuiSi-
tion Of the sovereignty over it. If this be
SO, it cannot be a divided sovereignty, partly
in the United States, and partly in the peo-
Pile of the Territory. 1t resides exclusively
in the United States, and no government
erected in the Territories, in time Of peace,
can have legal existence, unless it has
been established or authorized by Congress.
Previous to the call Of the convention at
Monterey, there was provisional govern
meut in California, organized by the author
ty of the United States during war, and
which was continued after peace by the con-
sent of the Executive Of the United States.
1t was a government Of necessity, with a
legal commencement, which could not be
superseded without the authority Of Con-
gress. 1t has been destroyed by an illegal
and revolutionary movement, without the
authority Of the United States, constitution
ally expressed. The action of General Riley,
under which the convention was assembled
which framed the present constitution Of Cali
fornia, has been disavowed by the Secreta-
ries of State and War Of the last administra-
ton, the only officers from whom an order
could have proceeded to sanction lis course.
The convention had not even the merit Of a
spontaneous revolutionary movement pro-
ceeding from the people. 1t had its origin
in the proclamation or military order Of Cen
eral Riley, Of the Sd of June, ls49. By
this order he called a convention, fixed the
number Of delegates, and the boundaries Of
districts. Thus were the highest attributes
Of sovereignty arrogated by this military
,commandant, at remote position, in open
violation of law and the Constitution.
Although the convention which framed
the constitution of California was convened
by General Riley without Executive or
ders, he states in a proclamation Of 22d Of
June, that it was confirmed by instructions
subsequently received by the steamer 'sPa-
mama" Thus was this convention assem-
bled, contrary to law and the Constitution;
and to the unauthorized Government which
it provided, was delivered over the then ex-
isting government Of California by General
Riley, with the remarkable declaration that
"whatever may be the legal objections to
putting into operation State government
previous to its being acknowledged or ap-
proved by Congress, these objections must
yield to the obvious necessities of the case !;
for the powers Of the existing government
are too limited, and its organization too i'm
perfect, to provide for the wants Of coun-
try so peculiarly situated, and of popula-
ton which is augmenting with such unpre-
cedented rapidity."
If such action is authorized by the Con-
stitution of the United States, what be-
comes Of the doctrine Of the Supreme Court,
that the right to governthe Territories is in
the United States, think it quite demon
strable, as legal proposition, that this ac-
ton in California is not merely irregular,
but that she cannot be admitted into the
Union, under her present constitution, with
out another convention authorized by Con-
gress. | should rejoice to see this action
had, the slavery question settled, the limits
Of California adjusted, and her worthy rep
resentatives admitted to their seats.
proceed to state some objections to the
present admission of that State.
The Constitution of the United States
declares, that "new States may be admitted
into the Union" Now, what is State, in
the sense contemplated by the Constitution
of the United States If Cuba, without
any previous sanction Of Congress, were to
present herself here with a constitution
ready formed, would she be a State which
couldlegally be admitted into the Union 1t
seems to me that the previous assent of
Congress would be necessary to the creation
Of State out Of foreign country, which
lol - ,,,lar L. L.. zc I'll
Government by virtue OF territorial organi-
zation.
The case Of Texas has been cited as fur
nishing precedent for different rule of
action but its authority is clearly the other
way. BY the joint resolution of annexation,
Congress gave consent that Texas might be
erected into State, in order to its admission
into the Union, by means Of convention
of delegates chosen by the people. This
convention was assembled, and the constitu-
ton formed by authority of the Congress of
the United States, as well as by the legsla-
tive department of the Republic Of Texas. AS
the first admission Of a foreign State into
the Union, it is strong precedent to prove
the necessity Of previous consent IN order
to legalize the preparatory action Of forming
government which is to enter the Union as
State. Obviously, no foreign government
has right to proceed to the election Of Sc
nators and Representatives until its admis-
sion into the Union. No political organiza-
ton has any warrant for this until it is in
side Of the Union; for it is by virtue Of the
Federal Constitution, as well as Of the
membership Of the Union, that State has
this privilege.
The admission Of Vermont, Kentucky,
and Maine are not exceptions to this rule, in
asmuch as they were fLrmed out ofpre-existlng
States; and, in that case, the Constitution
contemplates that the initiatory step shall be
taken by the old States, and that the appro-
baton Of Congress should follow; which, in
their admission, was the course pursued, the
respective laws Of admission defining their
boundaries,
1t is worthy of fobscrvation that in no case