The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-05


viso while gives to Congress the power OF lssisatins
over territories imposes important restrictions its
exercise ny restricting Congress to passing laws
and proper for carrying the power into execution
The prohibition extends not only TO ell laws suit
able appropriate to the object but also to ell that
unjust unequal unfair, for all such laws would
BE- unnecessary and improper and therefore unoonst
tutiopsl
the sovereignty the territories is vested in the
United Ststesthst is In the several States composing
the and that the power OF sgtslatins them
expressly vested In Congress II follows that the in
dviduss In California who have undertaken to form
constitution and State aud to exercise the power Of
ed the sovereignty Of the States and the authority
Congress, and have acted in open defiance OF BOTH In
other words what they have done is revolutionary aud
rebelous In Its character auarchs In its tendency
and calculated to lead to the most dangerous
quences. Had they acted from premsditAton aud de-
sign IL would have been In fact actual rebellion
but such IL not the The blame lies much less
upon them, than upen those who have induced them
take course so unconstitutional aud dangerous.
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 snswer Of the Executive to the
calls made by the two houses of Congress- for informs-
tioR to the which 1t took the part whcn
acted, in reference to what done In California
understand the answers have not yet been printed.
But there 10 enough known TO justify the assertion,
authority OF the Executive have advised aided aud
couraged the movement which terminsted in for ing
what they call q constitution and State. General
Riley, who professsd Co act civil Governor called the
convention, determined on the number aud distribu-
ton OF the delegates appointed the time and place of
Its meeting present during the session. gave It's
proceedings his appreciation sni sanction II he acted
without authority he ought TO have been tried
least reprims ded and med Neither ha pg been
done the presum pton is that his bsen ap-
proved This of Itsef Is suc-nt IDENTIFY tia Ex-
ecutive with his acts aud TO make 1t Responsible for
them touch not the question whether Gsnsrai alley
was appointed, or received toe iustructions under
which be- professed TO act from the present utive
or its predecessor II from to. FORMER it would im p
cate the preceding we'll the presrnt al ninstra
ton II not the responsibility rests exclusively
present
1t is manifest fem this statement that tn. Z xscu
tive Department has undertaken to perform pre-
paratory to the meeting OF the Individuals to torn tasr
30 called constitution and Sa,e gpverumrnt, ~hiod
pertain exclusively TO Congress. indeed they ar-
identical In many respects with the provisions adopted
BY Congress, ~nen IL sives permission 20 territory -
form constitution and government In order % BE-
mitted ~ State into the Union
Bsving now shown that the assumption upon which
the Executive and the ihdiviaus,s in GafJrna acted
througbout this whole affair Is informal uoccnstitu.
tioDai. and dangerous, t rsmsins 60 mas. f-y r..
marks, In order tn show that what has been done
contrary to the enrs practice Of government fro its
commencement to the present time.
From its commences mspt until the time that Meki.
gan was admitted, the practice was uniorn fsrrlto-
rial government were ur-t orgs.iEed by Congress-.
The government Of the United States appointed the
governors jhdges secretaries marshsls aud otl-r OH.
GERS and the inhabitants Of the territory
sented by legislative bodies whose acts sab-ot
the revision II Congress This state OF thing
until the government Of q territory applied to Con-
grees to permit it's inhabitants to for consttution
and government, preparatory to admission into the
Unon The preliminsr act to giving permission was
to ascertain whether the Inhabitants we're sufficiently
numerous to authorize them to br.forn-i into state
This done By taking q census fhst being 1ons,
and the number proving sufficient permission was
granted. The act granting it, fxed all ths prsmins
ries- the tins and place II holding the convention;
the quad Of the voters establishing its bound
aries aud all other measures necessary TO be settled
previous to admission. The set giving permission
necessarily ~ithdrsss the sovereignty of the United
States aud leaves the inhaoitssts OF the incip,sn
State a. free TO form their constitution and govern
mept we're the original States ~ the q pion after
they Lad declared their Independence At thi. stage,
the Inhabitants Of the territory became for tne nrst
tim. people. In legal aud constitutional Language.
Prior this they were by the old acts OF Congress
called Inhabitants, and not people All this Is psr.
fsctIy consistent with the sovereignty Of ths United
States with the powers OF Congress. and with the rat
Of people to self government.
Michis an the hrst In which there was any
departure rom the uniform rule OF acting Hers Was
q very slight departure from established usage The
ordinance of 81 secured 10 her tn. right OF becoming
n Stats. when abe should have C0.V0D iohsbitsnt..
Owing TO some neglect, Congress delayed takiog the
census. In the meantime, her popustion iacrsas-l
until II clearly sxeseded more thsa t-ic- ths nomp-r
which entitled her 10 aamisson At this stage
sh. formed constitution ana government vitholt tue
being taken by the United sates aud congress
r~c.ved ths admission without gcng through sb- fer
mslity Of taking n as there doubt she ha1
than sufficient number to entitle hrr TO admission.
She admitted at the hrst session chs olie
owing 10 zone cifhculty respecting the boundary be-
tween her and Ohio The great irregaariy a. 10 her
sa,n nsob osn ses .s sess Sg. %
case OF California
The IRE sularity In all other c.es that hsv. ,inse
occurred sr. Of similar character. IA ALL there
ited territorial governments etabis he'd by yress
with ofcsrs appointed by tbs United States la .ll.
the territorial took the lead IL calling
venton., and nxng pr.iimir aries preparatory the
formation Of a constitution and admission into the
Slater aud The authority OF Congress tbs terri
torivs: and ~heusvsr there was any departure fron
established usage was done on the presumed consent
ofCopgss aud not Ia defiance of it, authority ths
sovereignty OF the United States the territori-,
In this resrect California stands alone without usage,
OF q single example TO cover her case.
you will act In reference TO this unprecedented trans
action The Executive has laid the paper purporting
70 be the constitution of Cslfornis before you,
and s.ks you 10 admit her into tbs Union ~ q
State and the qusstion Is, will you will you not
rests upon you heavy responsibility. Much, very
much will depend upon your decision. IN you admit
been done Ars you prepared Co DO soi Are you pre-.
pared tofurrender your poser Of legislation for the ter
rtor'sss poser expressly y..tsd IN Congress by the
constitution has bsen fully established, Can you,
consistent with your oath g. support the constusn
surrender iti Are you prepared 70 admit that the
ovet them; ani that any pani5sr more less, N sy
claim any extent Of territory they pesse may form a
constitution and govern msnt aud erect Il into s.-,
surrender the Sovereignty Of the United states over
vhsseyer territory msy be hereafter % iired 70 tas
prepared 20 surrender virtually II the Executive de-
psrtmept oil the povers which you have heretofore
consistently with your duty ana Jour oath support
the constitution give your assent 20 the admission q
California - . State under pretended constitution
ject OF q constitution which they have adopted has
the lssst vsiidifyg Can you believe. that there is
,eoh : STATE IN reality :. the s's,. q California,
constitutional existence. 10 has validity, and
have none, without your sapction. Hos, then, can
ysiebs of the constitution ycur power s limited 10 cd
hitting Ststes, That is, they must be States,
seS sss s@s ,bs% %ssn ,ou our ,oar
10 the Inhabitants Of territory 20 form consttuOn