The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1850-03-12

etatiyes. is the first fru;. of this monstrous as
sumption. If the individuals, who made TIL
movement, had gone into California as adven-
turers, and if, as such they had conquered the
Territory and established their independence
the sovereignty of the country would have been
vested in them, as a separate and independently
community. In that case, they wonld have hadl
) the right to form Constitution, and to estab-
zlsh government for themselves. and if, after
wards, they thoughtproper to apply to Congress
! for admission into the Union as a sovereiguI
and independent St: te, all this would have beeu|
regular, and according to established princi lies.
But such is not the case. 1t was the United
: States who conquered California, and fnallyI
acquired it by treaty. The sovereignty, of
course, is vested in them, and not in the indi-
vid,als who have attempted to form Constii.
tuition and a state, without their consent. All!
this is clear, beyond controversy, except it ear
: he shown that they have since lost or beer
4 divested of their sovereignty.
Nor is it less clear, that the power oflegs
Fitting over the acquired territory is vested in|
Congress, and and not, as assumed in the MI
Ehavitants of the Territories. None can denyI
ethat the Government of the United States have
the power to acquire Territories either by VIZ
or treaty; but if the power to acquire exists, it
sbeongs to congress to carry it into executon
! On this point there can be no doubt, for the
Constitution expressly provides, that Congress;
j shall have power /" to make all laws which shll
: be necessary and proper to carry into execution
! the foregoing powers" those vested in Con-.
.r"ss,l land all other powers vested by this Con-
>In:isn il 'he Government of the United STATES /,
e"r in ans apartment or office thereof" 1t mat
fte:> no;, then, where the power is vested: for,
/ If vested at all in the Government of the United
States, or any of its departments or officers, the
Epowrr of carrying it into execution is clearly
vested in Congress. But this important pro.
vision, while it gives to Congress the power oi
| Elsgslating over the Territories, imposes impor.
stant restrictions on its exercise, by restricting
Congress to passing laws necessary and prope
! for carrying the power into execution. The
prohibition extends not only to all laws not suit
sable or appropriate to the object Of the power
but also to all that are unjust, unequal Ornnfair
! for all such laws would be unnecessary and I'M;
&prOper and, therefore, unconstitutional.
Having now established, beyond controversy J
that the sovereignty over the Territories is vest
Fed in the United States-that is, in the sevcra
States composing the Union-and that the pow
er of legisating over them is expressly vested I'M
Congress, it follows, that the individuals in CAL
Eiforla who have undertaken to form Consti.
Gtution and State, and to exercise the power of
/ }legislatng without the consent of Congress,
have usurped the sovereignty Oft the States and
/ 1.-THE authority of Congress, and have acted in
3open defiance of both In other words, what
5they have done is revolutionary and rebellion
lin its character, anarchcal in its tendency, and
I calculated to lead to the most dangerous conse-
squences. Had they acted from p-emcditatoi
Rand design, it would have been, in fact, actua
/ arcbcllioa; but suchis not the ease. The blame
zlics much less upon them than upon those who
s..iavc iud:: ccd them to take course so uncon-
Institutional and dangerous. They have been led
ffi..s;o it by language held here, and the course
pursu ID by tho Executive branch ofthc Govern
ment.
Ihave not seen the answer Of the Executive
to the calls made by the two Houses of Con-
gress, for information as to the course which it
took, or the part which it acted, in reference to
what was done in California. understand
i TIC answers have not yet been printed. But
there is enough known to justify the assertion,
that those who profess to represent and act un.
Ter the authority ofthc Executive, have advised
: {aiied and encouraged the movement, which
Terminated in formning, what they called a
i CONSTITUTION and a State General Riley, who
prolessed to act as civil Governor, called the
kConvention, determined on the number and dis.
Striba!ioa oc tn delegates, appoiatc thctimc and
,'lace ofits meeting, was present during the
session, and gave its proceedings his approba-
4 ton ard sanction. If he acted without author
eitv, he ought TO have been tried or Mt least re-
! primanted and disavowcd Neither having
been done, the presumption is, that lis course
has been approved. This, ofitscl,, is sufficient
: to identify the Executive with his acts, and to
make it responsible for them. touch not the
question, whether General Riley was appointed,
or received the instructions under which he
professod to act, from the present Executive,
: or its predecessor Iffrom the former, it would
implicate the preceding us we'll as the prescntad-
fministration. If not, the responsibility rests
Exclusively on the present.
Il 1t manifest from this statement, that the
J Executive Department has undertaken to per-
: form acts preparatory to the meeting of the in.
dividuals to form their so.called Constitution
and Government, which appeItaiu exclusively
{ to Congress. Indeed, they arc identical in
many respects, with the provision, adopted by