The Madisonian. (Canton, Miss.) 1850-1855, 1850-04-11

II leglSlatlng over lerFltoEleS, IulPOS-
IS important restrictions on ITS exeE- '
Use, by restrictig Congress 10 passing
avs necessary and proper tor carrying
he power into execution. The pro-
libition extends, not only toall laws not
suitable OF Appropriate to the object that
are unjust, unequal, or unfair. ior all
such laws would be unnecessary and
improper, and, therefore, unconstltn-
tional.
Havlngnow established, beyond all con
troversy, that the sovereignty oITerrl-
tories is vested in the U. s. composing
the Union Il that the power otlegisla-
ting over them is vested in Congress, it
follows, that the individuals in Callfor-
MIA who have undertaken to form a
constitution and state, aud to exer-
else the power of legislating without
the consent OF Congress, have usurPed
he sovereignty Of the state, and the
authority of Congress, and have ac-
ted in open de6a nee OF both. In other
words what they have done is revoIu-
tionary and rebeIious in its character
anarchical in its tendency, and caIcu-
lated to lead to the most dangerous
consequences. Had they acted from
premeditation and design, 1t 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
a course so unconstitutional and dam
gerous. They have been led into it 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 intorma-
ton as to the course which it took,
or the part which it acted in reference
to what was done in California. lun-
derstand the answers have been prln-
ted. But there is enough known to
Justify the assertion, that those who
profess to represent and act under the
authority OF the Executive, have ad-
vised, aided and encouraged The move
ment, which terminated IN forming
what they call "a constitution and
State. Gen. Riley, who protesSed to
act DIS civil governor, called the con
vention, determined on the number
} and distribution of the delegates, aP-
pointed the time and place OF its meet.
Ing. was present during the session.
and gave its proceedings his appro
bation ana sanction. II ne acted
) without authority, he ought to have
: been tried or at least reprlnanded and
) disavowed. Neither having been done
, the presumption is, that his course ha'
5 beeh approved. This Of itself is SUI
: ficient to identity the Executive witt
j, his acts, and to make it responsible fo
them. | touch not the question
: whether Cen Riley was appointed
!. Tor received the instructions unde
d which he professed to act from tn
d present Executive, or its predecessor
l. II from the former it would lmpllcat
It the preceding as we'll as the preser
l. Administration. If not, The reSPor
n sibiIity rests exclusively on the pres
ID ent.
@ tits manifest from this statemeI
is that the Executive Department hf
es undertaken to perform acts preparato
Iy nv to the meeting OF the indlvidua
n to form their so-caIIed constitution all
ID government, which appertain excll
It. slvely to Congress. Indeed they al
a identical, in many respects, with tt
Ill provisions adopted by Congress, whe
v, il gives permission to a territory
ve forHl a constitution and governmel
" ia order to be admitted as State In
the Union.
eT Having now shown that the q
r. sumption upon which the indlvldua
ot in California acted throughout tn
OF whole affair is unfounded. unconsI
at tional and dangerous, it remains
es make a few remarks, in order to sho
Is, that what has been done is contral
he to the entire practice Of the Cover
to ment from its commencement to u
present time.
- From its commencement until y
u u time that Michigan was admitted u
!" practice was uniform. Territorl
- = Governments were first organized
~ the Governors, Judges, Secretarle
re Marshals, and other officers and y
. inhabitants OF the Territory were 70
~ resented BY legislative bodies, who
+ acts were subject to the FevisiOns
is Congress. This state Of things CO
y. tlnnsd until the government OF