The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-03-20
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IL uCJCt, III i0iCiSIiSS W WIldU
was done in California. l understand
the answers have not pet been printed.
But there is enough Known to Justify |
the assertion, that thcic who profess to
represent and act nR1 1:r the authority
Of the Executive, hav1 advised, aided
and encouraged the bovcmcnt, which
tcrn,natcd in forming! what they called
Constitution, and State, General
RJcy, who professed Y, act as civil
NEvernor, called tlH Convention, dc.
ermincd on the MURDER and distribu-
t'on of the delegates, appointed time
and place ofits meeting, was present
during the session, ahd gave its pro
cee'li,gs his appreciation and sanction.
lfhc acted without asthority, he ought
to haze been tri,dl or at least repri-
nandcd and disavow4d. Neither hav-
ing been done, the presumption is, that
this course has been proved This, of
itself, is sufficient to oldcn,ify the Exec
u,ivc with his acts, md TO make it re-
sponsihlc for them. tonch not the
question, whether General Riley was
a. oin,cd, or receive; the instructions
u"!cr which he profsscd to act, from
the present Executive, or its rrcdeces-
sor. If from the fotmer, it would i'm.
plicatc the preceding as well as the
present Administrator. If not, the
responsibility rests exclusively on the
present.
It's manifest from this statement,
that the Executive department that un-
dcrtaken to perform acts preparatory
to the meeting oftheindividuals to form
;hcir so,callcd Constitution and govern
mcnt, which appertain exclusively to
Congress. Indeed, shcy are identical
in many respects, with the Provisions
adopted by Congress, when it gives per.
mission to Territory to form q Cen.
stitntion and Government. in order to
be admitted as S,ae iutc the Union.
Having now shoHn!tliat the assump,
ton upon which the Executive and the
inaividuals in Calif33Fs,,jia actad through,
iSfi2f,, Sffsa3 alal Phi ntapadea ,9lI: an
MAINS 70 make few remarks, in order
to show that what has bee, done is con
trar.y to the, entire practice of the Gov.
Tre%r1t eresen, ,;ms' e"m its coYge0eement to tho
From its commencement until the
time that Michigan was admitted, the
practice was uniform. Territorial Go.
vcrnments were firstorganized by Con.
g7c3s. The Government of the United
States appointed the Governors, Judges
Secretaries, Mars''als, and other otfi-
GERS, and tie inhabitants of the Terri
tory were represented by legislative bo-
dies, whose acts were subject to the re-
visions Of Congress. This state of
things continued unit the government
Ola Territory applied to Congress to
permit its inhabitants to form a Consti
tn''on aud Government, preparatory to
admission into the Union. The pre-.
hmnar.v act to giving permission was,
to ascertain whether the inhabitants
we're sufficiently numerous to authorize
them to be formed into a State. This
was done hy taking the census. Tint
beng done, and the number proving
sufficient, permission vas granted. The
act granting ii fixed all the prclimina-
rirs-iic time and place Of holding the
convcntpn; the qualification Of the vo-
tclrS; establishment offs boundaries and
all other measures necessary to be set.
tied previous to admission. The act
giving permission necessarily withdraws
the sovereignty Of the United States.
AMI leaves the inhabitants of the incili.
cnt States as free to form their Consti.
tuition and Governments az were the or
lg''aI States Of the Uni,n after they had
declared their independence. At this
stage, the inhabitants u the Territory
became for the first time IL people, in
legal anl constitutional language. Pri.
or to tN.i., they were. b., the old acts of
Congress, called inhabitants and not
Fc"r'c. All this is perfectly consistent
with The sovereignty ,t' the United
States, with the powrn of Congress,
and With the right Of people to self.
government.
Michigan was the frs case in which
there was any departure from the uni.
t"'m rule of acting. Hrs was very
Sl'ght dcl arturo from established usage.
The ordinance of 81 scared to her the
right Of becoming State, when she
should have 10000 inhabitants. Ow.
M to some neglect Congress delayed
taking the census. In he meantime
h'r equation increased Cluntil it clearly
exceeded more than twice the number
which entitled lcr to admission. At
thus stage she formed n Constitution and
government without the census being
taken hy the United S,a.cs, and Con.
grrss waved rno omission as there was
10 douot she bad more thn sufficient
number To cutrt'c hcr ta taalmission.-