The North-Carolina standard., 1850-03-13

stafes-that is in the several States comuo,na q,
ion-ano tnst tne power tegslating overt hem ~
ly vested in Congress- it follows. that the nia
California who have undertaken to form oon'sh
and State and to exercise the power of ees.,;ulC
out the consent of Congress- have usurped The s WITH
ty of the State and the authority of CONGRESS
acted in open defiance of both. In other words nave
they have done is revolutionary and rebello,' What
character, anarchcan its tendency, and calcua,ss
to the most dangerous consequences. Had thox fad
from premeditaon and design, it would have ae'ed
fact actual rebellion but such is not the c.so IN
blame lies much less upon them than upon ,boso las
have induced them to take course SO unconst'. Who
and dangerous. They have been led into it hv
held here, and the course pursued by the Executive
of the Government. sneh
have not seen the answer of the Execut;r.
calls made by the two Houses Of Congress f., ae
nation to the course which it took or the mar, %
it acted, in reference to what done in C.rfe feA
understand the answers have not yet been printed
there is enough known to justify the assertion hat Out
who profess to represent and act under the autho,"
the Executive, have advised aided, and
movement which terminated in forming what ,So ne
constitution and State. General Riley, who nroe a
ed to act civil governor called the convention
ed on the number and distribution of the deeo.to
during the session, and gave its proceedings his a
baton and sanction. If he acted without auho,,rr
ought to have been tried, at least reprimandej M M
disavowed. Neither having been done, the presumns
is, that his course has been approved. f"u
This of itself is sufficient to identify the Executive m
bis acts. and to make it responsible for them. I,o
not the question, whether General Riley was apnoDs1
received the instructions under which he poes.oI
act from the present Executive, its predecessor "
from the former it would mplicate the preceding ,n
the present Administration. If not the responsA
rests exclusively on the present.
1t is manifest from this statement that the E,o.
Department has undertaken to perform acts prepaso
to the meeting of the individuals to form their soc,
constitution and government, which appertan excus
ly to Congress- Indeed, they are Identical in manv .
spects, with the provisions adopted by Congress WIN,
it gives permission to Territory to form conslmon
and government, in order to be admitted as State n
the Union.
Having now shown that the assumption upon wh.,
the Executive and the individuals in California ac,I
throughout this whole affair is unfounded uncons,tu
tiona and dangerous, it remains to make few rema
in order to show that what has been done contrary
the entire practice Of the Government from its commen
ment to the present time.
From its commencement until the time that Micbn
was admitted, the practice uniform. Territoi,I
governments were first organized by Congress tn.
Government of the United States appointed the Govem
ors Judges Secretaries Marshals and other officers and
the inhabitants of the Territory represented by p
slative bodies, whose acts subject the res@
of Congress. This state of things continued until The
government of Territory applied Congress to pma
its inhabitants to form constitution and government
preparatory to admission into the Union. The peim
nary act to giving permission was, ascertain whether
the inhabitants sufficiently numerous to aubo,s
them to be formed into State. This was done by tsk
ing census That being done, and the number proving
sufficient, permission was granted The act granting
fixed all the prelimnaries-the time and place of holding
the convention the qualification of the voers establish
men of its boundaries and all other necessa
to he settled previous to admission The giving pr
mission necessarily withdraws the sovereignty Of The
United States and leaves the inhabitants of the incpe
State free to form their constitution and government
as were the original States of the Union after they had
declared their independence. At this stage, the inha
tans 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 inhabitants and
not people, All this is perfectly consistent with the m
eregnty of the United States with the powers of Con-
gress, and with the right of people to segovernmen
Michigan was the first case in which there was anv
departure from the uniform rule of acting. Hers was,
very slight departure from established usage. The o
nance Of S7 secured her the right of becoming State
when she should have 10000 inhabitants. Owing to
some neglect, Congress delayed taking the census In
the mean time her population increased, until i. clearly
exceeded more than twice the number which entedhG
to admission. At this stage she formed constitution
and government without the being taken by ,
United States, and Congress waived the OMISSION as
there was no doubt she had more than sufficient
Der to enttle her to admission. She was not admitted
at the first session she applied owing to some difficulty
the boundary between her and Ohio The
great rregularty as to her admission took place at the
next session, but on point which have possible
connexion with the case of California. i
The Irregularities in all other that have since
occurred are Of similar nature. In all there existed
Sf1rSo1
officers appointed by the United States In ALL the tr
rltoria government took the lead in calling conventions
and fixing the preiminaes preparatory to the formation
OF constitution and admission into the Union. Thg
all recognised the sovereignty of the United States and
the authority of Congress the Territories, and
wherever there was any departure from established uss
1t was done on the presumed consent of Congress- and
not in defiance of its authority, tie sovereignty Of the
United States the Territories In this respect Cal
iforna stands aone without usage, a single example
to cover her case.
1t belongs now, Senator's for you to decide what part
you will act in reference to this unprecedented ansa
tlon The Executive has laid the paper purporng 10
be the constitution of California before you and asks
to admit her into the Union State; and the question
is, will you or will you not admit her? It is grave
question, and there rests upon you heavy esponsib
Much, very much, will depend upon your decision.
you admit her, You endorse and give your sanction to a
that has been done. Are you prepared to do so? Are
you prepared to surrender your power of Legislation Tor
The Territories power expressly vested in Congress
by the Constitution, has been fully established! Can
you consistently with your oath to support the Cons
tuton surrender the powcr Are you prepared admit
that the inhabitants of the Territories the so'
eighty over them, and that any number more or less {
may claim any extent of Territory they please;
form constitution and government and it into'
State, without asking your permission? Are you pre-
pared to surrender the sovereignty Of the United s'
over whatever territory may he hereafter acquired h
first adventurers who may rush into it Are YOU pre-
pared to surrender virtually to the Executive Department
all the powers which you have heretofore exercised @
the Territories? If not how can you consistently with
duty and YOUR oaths To snnnort the ConstitutO