The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1850-03-20

openly, boldly, and distinctly. 1, claims foI
Congress unlimited power over The Terrific.
ries, and proposes to assert it over the Terri
tories acquired from Mexico, by a positive
prohibition Of slavery. Not SO the Exeou
live Proviso. II takes an indirect course
and in order TO elude the Wilmo, Proviso
and thereby avoid encountering the united
and determined resistance of the South, IL
denies, by implication. the authority Of Con
gress to lesislate for the Territories, nnc
claims the tight as belonging exclusively To
| the inhabitants Of The Territories. But tc
effect the object of excluding the South, II
takes care, IN the mean time, .of letting r
emigran,s freely from the Northern States
| and all other quarters, except from the South
which il takes special care to exclude, by
holding up to them the danger Of having their
slaves liberated under tho Mexican laws
The necessary consequence is 10 exclude the
South from The Territory, just as tffectually
as would The Wilmot Proyiso. The oaly
difference in this respect is, that what Que
proposes TO effect directly and openly, the
other proposes to effect indirectly and GOV.
ertly.
But the Executive Prov go is more oil jec.
iionable than the Nimot, in another and
more mportau, particular. The latter, 10
{ fleet its object, infi,cts dangerous wound
upon the Constitution, by depriving the
Southern States as lonl partners and owners
OF The Territories, fiheir rights in them but
it nflicts no greater wound than is absolutely
necessary TO effect its object. The former
on the contrary, while it iu6icis the same
wound, inf1'cts Others equally great, and, il
possible, greater, as shall next proceed IL
explain.
In claiming The right for The inhabitants
instead OF Congress, 10 legislaie for the Ter.
rito,ies, in the Executive Proviso, i, assumes
that the sovereignty of the Territory is yes
led in the former, or 10 express ii in the Ian
guage used in resolution offered by one Of
the Senators from Texas, Gen. Houston, no +.
absent they have ",he same inheren, right.
! of elfgovernment as the people in the
States. The assumption is vi erly unfuund.
ed, unconstitutional, Without example, and
contrary to the entire practice uf the Gov
eminent, from is commencement; TO the pre-
sent time, as shall proceed to show.
The recent movement of individuals in
California TO form Constitution aud State
Government, and to appoint Senators and
Representatives, is the As, frui, of this mon
sirous assumption. II the individuals, who
made this movement, had gone INTO Cailorna
as ad,enurers, and #, as such, they had con
quered the Territory and established their
| Independence, the sovereignty Of the country
would have been vested in them, as a separ
ate aud independent community. In that
case, they would have had the right 10 form
Constitution, and 10 establish government
for themselves; and il, afterwards. they
thought proper To apply to Congress for sd.
mission into The Union as a sovereign and
independent State. al this would have been
regular, aud according to established princ.
pies. But such Is DOT the case. II was the
U nited States Who corauered Gahinruia, AID
Il 'alIy acquired II by treaty. The sovereign.
~, Of course, is vested in them, and not ia
the individuals who have attempted 10 firm a
Constitution and STATE, without their con
seat. All this is clear, hey oud controversy,
unless II can be shown ih5t they have since
lost or been divestrd OF their sovereignty.
Nor is ii less clear, that the power Of leg.
islai,ng over the acquired territory is vested
IN Congress, and not, as is assumed. IN the
inha btants of the Territories. Nome can de
ny lha, the Government Of the United Safes
have the power 10 acquire Territories, either
by war or treaty bur II the power to acquli e
exists, Il belongs 10 Congress to carry ii into
execution. Ga this point there can be nc
doubt, Tor The Constitution expressly provides
that Congress shall have power 6 to make
all laws which shall be uecf ssaty and proper
TO carry into execution the loregoing pow
ers,' Chose vested ia Congress- and all
other powers vested by this Constitution in
tic Government of the United States, or in
0ny d partment or Office thereof. 1t mat.
tiers not, then, "he e the power is vested
for, # vested al al! in The Government, Of the
unilod States, or any oflts departments, OF
officers, the power oil carving it into execu.
ton is clearly vested IN Congress. BIZ; this
important provision, While II gives TO Con.
gresslhe power Of leg slating over Territories
imposes important restrictions on its exercise
BY RESTRICTING Congress 10 passing laws ne
cessaiy aud proper for carrying the power
into execution. The prohibition extends
not only 10 all laws no, suitable or appropri
ate to the object Of the power, but also TO al
that are unjust, une equal, or unf1ir for al
such laws would be unnecessary aud mprop
er, and, therefore, uucousitut!on |.
HUNG now eeta biI.hcd, hey und con,ruver
sy, thai the sovereignty over The Tefritorie,
Is vested in the L. Siates-ihat is, ia The be
veral States composing the Union aud Ina
the.po"er Of IesislaIlng over them is express
ly vested N Congress, i. follows that The 10
dislduas in California WHO have undertaken
TO form a constitution and State. and 10 ex
erc'se The power Of Iegislallng without th,
consent Of Congress, have usurped the sove
reignty Of the States aud the authority O