The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1850-03-20

civil governor, called the convention, deter.
mined on the number and distribuilpn Of the
delegates, appointed time and Place Of its
, NEE ling, was present during the session, aud
gave its proceedings his appreciation and sane.
ton. Ii he acted without authority, he ought
10 have been tried, or at least reprimanded
or disavowed. Neither having Aeea done,
The presumption is that his course has been
approved. This Of itself, is sullicisn,1o idsn
MY the Executive with his ncts. asd To make
il responsible for them. touch no, the ques.
ton whether Gen. Riley was appointed, OF
received the instructions under whrh he pro.
, fcssed TO act, from the present Executive or
} its predecessor. Ii from the former, il would
, implica,e the preceding as well as the present
Administration. Ii not, the responsibility
rests exclusively on the present.
1t is manifest, from this statement, that the
Executive department. has undertakes to per.
form acts preparatory to the Getting of The
individuals to form their so called tonsiiiu
ton and government, which apperiaip exclu
sively to Congress. Indeed, ,heylars iden,i.
cal in many respects with the p;ovilions a.
dopted by Congress when il gives pc omission
to Territory 10 form constitution hnd GO
vernmenr, in order to be admitted as State
into the Union.
Having now shown that the assumption up
on which the Executive and the individuals
in California acted throughout this whole al
fair, is uniounded, Unconstitutional, and dan.
gerous, it remains 10 make few remarks, in
) order TO show that what has been doHe is co.,
trary 10 the entire practice Of The Govern.
meni, from its commencement to the present
time.
From its commence cement until the time
that Michigan was admitted the practice vas
uniform. Territorial Governments were first
organized by Congress. The Governmen, Of
The U. States appointed the Governors !udg.
es, Secretaries, MsrshaIs, and others, and he
inhabitants Of the Territory were represeht.
ed by legislative bodies, whose acts were SUBJ
jrc, to the revisicns of Congress. Thiss ate
Of things continued until the governmsn Of a
Territory applied 20 Coog,ess to perm. its
inhabitants TO form a Constitution ard Gov.
eminent, preparatory to admission into tho
Union. The preliminary act 10 giving per-
mission was, TO ascertain whether the rhab.
Itants were sufficiently numerous TO aui hor zs
them TO he formed into 8 ate. This was
done by taking a census. That being done,
and the number proving sufficient, permission
was granted. The act granting it fixed all
the ptelimnaries-,h lime and place Of hold.
ing The convention the qualification Of the
vcers; establishment, Of lis boundaries and
all other meascres necessary to be settled
previous TO admission. This act giving per.
mission necessarily ~ilhdraws the sovereign.
~ Of the u. States, and leaves the inba b..
tan's Of The incipient Stale as free TO form
their Constitution and Government as we're
the original States Of the Union after they
had declared their Independence. At this
stage, the inhabitants of the Territory be-
came for the first time a people, in legal aud
constitutional language. P,lor to ihi'. they
I were, by the old acts of Congress. GATED in.
habranis, and no, people. All this is per.
frctly consistent with the sovereignty Of the
United States, with III, powers Of Congress,
and with tho right Of people to self gov,
errmebt.
Michigan was the frs, case in which there
was any departure from the uniform rule OF
acting. Hers was q ve.y slight departure
from established usage. The ordnance Of
81 secured to her the right Of becoming a
State when she should have 60, coo lnhabi.
tan's. Owing to soUe neglect, Congress de.
layed taking the census. In the meantime
her population Increased, until it clearly OK.
) ceeded more than twice the humber which
} entitled her TO admission. At This stage she
formed Constitution and Government, with.
out the census being taken by he y. States,
and Congress waived The omission, as there
was no doubt she had more than a sufficient
number 10 emile her to admission. She
was n, admitted at the first session she ~.
piled, owing 10 soue difficulty respecting the
boundary between her aud Ohio. The great
irregulariy, as to her admission, took place
al the next session, but in point which can
have no possible connection with the case OF
California.
The irregularities in all other cases that
have since occurred are Of a similar nature.
Ia all, there existed Territorial Government
i, established by Congress, with officers ap.
pointed by tho United States. 10 oil, the
: Territorial Government took the lead in call
, ing Conventions, and fixing the prelimlnarles
preparatory to the formation of Cous,i'u.
tion and admission into the Union. They
all recognized the sovereignty of The United
: States, and the authority Of Congress 0yer
the Territories and wherever there was
any departure from established usage, 1, vas
done on tho presumed consent Of Const ess,
aud NOT IN defiance of It's authority, or the
sovereignty OF the United States over the
+. Territories 10 this respect California s,as,ds
alone without usage, or single example tn
u cover her case.
1t belongs now, Senators, for you to decide
g what par, you will act in reference to lh,s
+. unprecedented transaction. The Executive
I has lall Tho na per nur milling To- be The Can.