Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-03-08
FRIDAY MORNING, MARCH s, 1880.

10 It no
10 %" e'u nnt us means 10 end When ttaied 10 ini6
us end and instead of aprdug protection was converted
o e means vi depressing the colonies did not hcsitat,
~ u'"w MS sword and head the great BY which
la union was forever severed, and the ndependesre
T oiates established This was the great and crownnl
glory ot his life which has spread his fame over the whole
siope' ana WIZ transmit ii 10 the latcsi posteriiy
Nor can the plan proposed by the distinguished Senator
,,on' hen'cRy, nor that OF the administration save the
Union shall pnss by without remark the plan nronoset
h Senator and proceed directly the consideration
mat {" the administration. however assure the dsrn.
shshed and able Senator that In taking this course no dis
respect Whatever is intended TO him or hi, plan have
adopted because many Senators of DISTINGUISHED ab
e w" were present when he delivered his speech and ex
planned hs plan and who fully capable To do Justice
lhe slde they support, have replied 10 him.
Inc plan Of the administration cannot save the Union be-
cause II cnn have effect whatever towards satisfying the
states composing the Southern section of the Union that
ey can consistently with safety and honor remain in the
Union III Is in fact bur modification of the Wiiot Pro-
vso II proposes effect the object 10 exclude the
South from all territory acquired by the Mexican treaty II
well Known that the South is united aganst the Wiulo
frovis" and has committed itself by solemn resolutions 10
resist should be adopted lis opposition not to the name
but that which proposes ffttha the Southern States
hoid 10 be unconstitutional. unjust inconsistent with
thclr equality rs members Of The common Union, and
calculated 10 destroy inetrievably he equilibrium
between The two sections These objections equally app,
10 what for brevitv will call the Executive proviso Their,
us no difference between IL and III, Wmot except in the
mode of eectng The object and in that rcspec must say
that the latter is much the least Objectionable II goes 10 lis
object openly boldly and distinctly Ii claims for Congress
unlimited power over the Terri ies and proposes
over me acquired from Mexico
! prohibition of slavery Not the Executive proyso Ii
takes an indirect and in order ede the Wmot
pylsu and thereby avoid encountcng the united and
erlnned resistance oi the South il denies BY implication
the authority Of Congress leaate for the Territories and
claims The right belonging exclusively 10 the inhabitants
ot The Territories But 10 effect the obcc, excluding the
SOUTH II taxes care in the mean time, let in emigants
freely from the northern States and all other quarters ex-
cep from the South, which il takes special care To exclude
BY holding up Ia them The danger Of having their slaves
liberated under the Mexican laws The necessary conse,
qnencc 10 exclude the South from the territory lust
erclnaly n would the Wmol proyso The only difference
IN this respect is that what proposes effect directly
and openly the other proposes eecr indirectly and
verify.
But the Executive pruyso IL more Objectionable than the
Milmot, IN another and more important particular The
latter 10 effect its object nc,s dangerous wound upon
the Constitution by depriyng the Southern States as loint
partners and owners of the Territories, Of their rights in
hem but IL ntcts no greater wound than is absolutely
ccssnrv eec; its Object The former the contrary
while IL niicts the wound nilicts others equally
great and possible greater shall next proceed
plain.
In claiming the right inhabitants instead of Con.
ress legislae for The Territories in the Executive pro
vlso II assumes that the sovereignty the Territories
vested in the former express il in the language used
4 resolution offered hy Of the Senators from Texas Gee
neral Houston ABSENT they have che inherent
sh al scli-goyernncni a the people i'll the States. The
assumption IS utterly GnoGnded unconstitutional without
rSan anG contrary the entire practice o he Govern
men;. from ts commencement The prcscni time shall
proceed 10 show.
The movement Of individuals in California To form
constitution and Stale government, and 10 appoint
tors and representatives the first of this
assumption. Ii the individuals who made this movement
had into California advcntucrs and if SUCH they
had conquered the territory and established their indepen
encr the sovereignty o IN. would have been
I'd IN them separate and independent community In
that they would have had hs right To form consu-
ton ana 10 establish government themselves and if
forwards they thought proper Ia apply 10 Congress ~. nd
mission into the Union sovereign and independent State,
all this would have been regular and according established
principles. Bnt such Is not the II was The United
States who conquered California and finally acquired il by
'ly The sovereignty Of coiroe is invested in them ard
in the individuals wo have attempted form consii-
tuon and S;ae, without their consent All this is clear
beyond controversy unless enn lie shown that hoy have
aince lost or been dlvested of their sovereignty.
Morris less clear that the power OF legialang over the
acquired territory is vested i'm Congress and not
nc in the inhabitants of the Territories None deny
that he Government of the United States have the power TO
acquire Territories either rs treaty; but if the power
acquire exists belongs Congress 10 carry II into exc
cunn On this point there can be doubt for the Cons
uon expressly provides that Congress shall have power
make all laws which shall b. necessary and proper 10
carry into execution the foregoing powers Chose vested IN
Congress- and all other powers vested by The Constitution
in he Gorrrninea; of tie nicd States in any dpGrt
nen; officer thereof" II then, where the power
lis vested for if vested al all in the Government ot e t.
States any of lis departments or officers The power oil
carrying into execution is cleary 'eated in Congress ii
this important prov's3" while u gives 10 congress me
power Of egislang Territories imposes important re-
sricons is exercise by restricting Congress TO passing
lava and proper for carrying The power o exc
cuti0n The prohibition extends not oE,y al! lava not
suitable appropriate the oect ol the power but also
10 all that unjust, Unequal unfair for all such laws
stiti.,onal
Having now established beyond controversy that The
yoreeny the Territories vested in the United Slnes
that in the several States composing the Cnonand mar
the power leaslaiing them ia expressly vested IN
Congress il follows that the individuals in California VINO
have undertaken form constitution and State, ana 10
exercise the power OF lgsatng without Inc consent OF
Congress have usped tic sovereignty o the State and The
authority of Congress and have acted In open dehaIce oil
hoth In other words what they have done Is revoluona-
ry and rebeous in its csrac,e anarchcal In lis enuen-
cy ard caca;ed lead 20 the dangerous conseqc
eea Had they acted from premedaIion and design, II
would have been in fact, actual Fcbelon bu SUCH IL not
the The blame lies much lees upon them than upon
those who have induced them to take course So unc'--
uona and dangerous They have been led into II BY IAN
gage held here and the course pdrsuet by he Executive
branch Of the Government,
have rot seen the answer Of the Executive the calls
m1d ty the Houses Of Congress for information as u
the course which took the part which acted IN rel
ercnce To what done in California undersan: ile
answers have yet been printed Rlt .here l5e"hgh
known 10 Justify the assertion ihaI those who profess "a
represent and unde the authority OF The Executive
advised aided and encouraged the movement "hch eIil
naied in forming wha; they call constitution ana Se
Genera, Riley Hho polesscd 10 act civil governor calico
tie convention determined the number ana dlstrlbion
~ ,hs delegates appointed the and place Of lis meet
n was present during the session. and gave its proceedings
his appoba,ion and sanction If e acted without au'io
80 hr ought 10 have been tried least reprimanded and
dsavowej. Neither having been done, the presumption Is
,hat his course has approved This Of itself sui
cen identify the Executive with hs ecis ard 10 make
il responsible for them Touch not the question whether
General Riley appointed or received the instructions
under which lie prnessed IL rom the present Executive
ar jts predecessor If from the former, II would impcalt
he preceding rs well the present Administration D.
not the responsibility exclusively on the present
II manfes. from this statement tat the ESecu'e ~
partmen has undertaken perform acts preparatory TO W
meeting Of The individuals form their -ocaled c"nsutu
ti1n and government which appctsin exclusively 10 oh
RI Iess Indeed they identical in many respects win I'M
provisions adopted by Congress when gives PERMISSION
territory form constitution and government, III '"l'
10 he admitted as State into the Union.
Il Having now shown tha, the assumption upon winch th'
Executive and the inv in California acted hIohghou
this whole lir is unoundod unconstitutional ana danger
Al ols remains make remarks, IN "rarr 10 s""
what has hren done ia contrary 10 the ene paeuee Vi W
Government, from liz commencement to the present ''
A. From commencement until the time that chRau va
/, admitted the practice unloIn leIIiloihi uoNeih
mcns first organized by Congtess Inc '1ovcrhhSn
OF the United States appointed the Governors Juaees DC
cetares arshals and other officers, and inc
the Territory were represented by legislative BODIES "hos
acts were subject tho rcyisons OF Congress MS s'aS
things continued until the government oi effltois aPie
10 Congress permi, its inhabitants 10 form co'is'.io
and government preparatory 10 admission INTO lhe .io
The preliminary act giving PERMISSION was 10 asre'
wheher the inhabitants sufficiently numerous 10 a'
f rilr them To BE- formed into State ms was dome D
taking census That being done. and the n'mocf EE's
sufficient PERMISSION granted The ac granilng II aNe
All The prclminarics mr and pace OF holding hc con
ycnon the qualification Of the voters; establishment o u
boundaries and all other measures necessary 10 he se
The giving permssinG nece6sari