Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-03-08

South from ali territory acquired by the Mexican treaty
mot provso and has committed itself by solemn resolution
to resist should it be adopted Its opposition not g ne
States hold to be unconstitutional, UNJUST Inconsistent
with their equality members of the common ana
the two sections These objections equally apply to what
for brevity, will call the Executive proyiso
There Is no difference between and the Whmo except
IN the mode of eecting the object that respect must
saw that latter is much the least objeetlonao goes
its over the
to assert it the Territories acquired from e1co, oy
II takes an indirect course order to euder the
Wilmo proviso and thereby avoid eneounteng the 9ea
the authority of Congress egislae for the Terrific
ries and claims the right as belonging exeiqsvsy 70 @ IN
Guiding the South it takes in the mean time to let In
emigrants freely from the Northern States and all
nv holding up to them the danger Of having their
slaves liberated under the Mexican laws he necessary
is to exclude the South from the Territory just
s eectuay as would the Wmot proviso T. only differ
in respect that what proposes to effect direct
and openly the other proposes to effect indirectly ana COW
But the Executive provso Objectionable than the
Wilmot, in another and importat particular The
latter to effect object ncts dangerous wound upon
the constitution, by deprying the Southern STATES as
Joint partners and of the territories of their in
them but nicts greater wound than absolutely ne
eesary to effect object The former the contrary,
while it incts the same wound ncs others equally great,
and if possible greater as shall proceed to explain
In claiming the right for the inhabitants instead OF Con
gess egate for the territories in the Executive prov
the former or to express It in the language used in
solution offered by of the Senators from Texas Gen
Houston absent they have the inherent right
elfgovernment the people in the States The as
SUMPTION utterly unounded unconstitutional without ex
annie and contrary to entire practice of the government
its commencement to the present time rs shall pro-
The recent movements of individuals in California form
constitution and State government and to appoint Sena
Tors ana .o 0 who made this movement
had gone into California adventures and as SUCH they
conquered the territory and established their ndepen
would
in hem separate and independent community In that
case, they would have had the right to form
and establish government for themselves and if after
wards they thought proper to apply to Congress for adm
G mud 0 dhG bsr s and aceor to- established
principles But such the the United States
who conquered California and finally acquired it by treaty
the Individuals who have attempted to form
controversy that they have since lost
or been Invested of their sovereignty. .
Nor less Clear that the power OF legsatng over the
acquired territory vested in Congress- not is
sumed in the Inhabitants of the territories None can deny
the the United States have the power to
acquire territories either by treaty but if the
acquire exists belongs to Congress to carry it into
On this point there be doubt the consti
expressly provides that Congress shall have power
make all laws which shall be necessary and proper to
Consres and all other powers Vested by his constitution
in the of the United States in department
office thereof 1t matters not then, where the power
for if vested at all in the of the Unit
ed States of its departments officers the power of
carrying into execution is clearly vested in Congress But
this important provision while gives to Congress the power
ofegating territories imposes important
on its exercise by restricting Congress to passing laws ne
and for carrying the power into
The extends not only to all laws not suitable
appropriate to the object of the but also to all that
UNJUST unequal unfair for all such laws would be unne-
nesary and improper and, therefore, unconstitutional
Having established, ond controversy, that the
sovereignty the territories is vested in the United
States-hat is in the several States composing the Union
and that the power of egsating over them is expressly
vested in Congress- it follows that the individuals in Cali
fornia who have undertaken to form constitution and
State and exercise the power fegisatng without the
State and the authority of Congress- and have acted in
defiance both In other words what they have done is
tendency and calculated lead the most dangerous
sequences Had they acted from premedita!on and de-
sign, would have BEEN in fact actual rebellion bu
those who have induced them to take course
and dangerous They have been led into
by language held here and the course pursued by the
utive branch of the government
have the of the Executive to the calls
made by the Houses of Congress for information
the which took the part which it acted in re
ference what done in California. understand the
have been printed But there is enough
known justify the assertion that those who profess tc
and under the authority of the Executive
terminated in forming what they call the Constitution and
State General Riley who protested to civil Cover
nor called the Convention determined on the number
distribution of the delegates appointed the time and place
OF its meeting present during the session. and gave Its
proceedings his appreciation and sanction If he acted with
authority he ought have been tried least repr
manded and dsavowed Neither having been done, the
presumption is that his has been approved This
and make responsible for them. touch not the
tion whether General Riley appointed received the
instructions under which he protested to act from the
Executive orits predecessor If from the former it wouc
impcate the preceding well as the present Adminstra
ton. If not the responsibility rests exclusively TIT
present.
1t is manifest from this statement that the Executive
Department has undertaken perform acts preparatory
the meeting of the individuals to form their socaed
stution and government which apperain exclusively t.
Congress. Indeed they identical in many respects
with the provisions adopted by Congress- when it give
permission territory to form constitution and govern
ment, in order to be admitted as State into the Union
Having now shown that the assumption upon which tn
Executive and the individuals in California acted through
out this whole affair, is unfounded unconstitutional
dangerous, it remains TO make few remarks, in ordr
show that what has been done is contrary to the enr
practice Of the government from its tn
present time.
i From its commencement until the time that Michiga,
was admitted, the practice uniform. Territorial
ernmens first organized by Congress. The govern
men of the United States appointed the Governors Judg
es oecrearle arshals ana one ocers and the inhaol
tants of the territory represented by legislative bodies
whose subject TO the revisions of Congress
This state of things continued until the government Of
territory applied Congress to permit its inhabitants
form constitution and government preparatory admis
sion into the Union The preliminary TO giving per
mission ascertain whether the inhabitants sui
fciently authorize them to be formed into
State. This done by taking census. That bein.
DONE and the number proving sufficient permission wa
granted.
The act granting it, Fixed all the prelminaries---he tim
and place of holding the convention the qualification
of the establishment OF its boundaries and all 9th
necessary be settled previous admission
eighty of the United States and leaves the inhabitants
the incipent State free form their constitution
and government were the original States of the Unio
after they had declared their independence At this
the inhabitants of the territory became for the first time
people, in legal and constitutional language Prior
this they WERE by the old acts of Congress- called nhab
tans and people All this is perfectly consistent witt
the sovereignty of the United States with the powers
Congress, and with the right of people to self govern