Weekly national intelligencer., 1850-03-09

this would have been regular and according to established
principles. But such is the case II was the United
States who conquered California, and finally acquired il by
treaty. The sovereignty, Of course is vested in them and
in the individuals who have attempted to form constu-
ton and State without their All this is clear be.
yond controversy unless be shown that they have since
lost or been Invested Of their sovereignty.
Nor less clear that the power Of egislang the
acquired territory is vested in Congress- and not
ed the inhabitants of the Territories None can deny that
the Government of the United States have the power
quire Territories, either by treaty. but if the power
acquire exists it belongs to Congress carry into
ton On this point there be no DOUBT the Consu.
ton expressly provides that Congress shall have power
make all laws which shall be necessary and proper carry
into execution the foregoing powers Chose vested in Con-
gress and all other powers vested by this Constitution in
The Government Of the United States or in anu deparen
officer thereof matters not then, where the power is
vested for If vested all in the Government Of the United
States any of its departments officers the power of
carrying into execution clearly vested in Congress But
this important provision, while gives to Congress the power
ofegsang Territories. imposes important restrictions
its exercise, by restricting Congress to passing laws
cesay and proper for carrying the power into execution
The prohibition extends not only to oil laws not suitable
appropriate TO the object Of the power but also to all that
unjust unequal unfair; for all such laws would be
cessary and improper and, therefore, unconstitutional.
Having established, beyond controversy that the
regnty the Territories is vested in the United States
that is in the several States composing the Unonand that
the power OF egislang them expressly vestedin Con-
gress follows that the individuals California who have
undertaken to form constitution and Stae and to exercise
the power Of egsang without The consent Of Congress- have
usuped the sovereignty Of the State and the authority of Con-
gres and have acted in open defiance Of them BOTH In other
words what they have done is revolutionary and rebeous in
its character anarhcal its tendency, and calculated lead
to the most dangerous consequences Had they acted from
premedaon and design it would have been, in fact actual
rebeon but such is not the The blame lies much
less upon them than upon those who have induced them
take course so unconstitutional and dangerous They have
been led into language held hee and the puru
ed by the Executive branch of the Government.
have not the of the Executive the calls
made by the two Houses of Congress for information
the which took, the part which acted in ree
renee to what done in California. understand the
have yet been printed But there enough known
justify the assertion that those who profess represent
and act under the authority of the Executive have advised
aded and encouraged the movement which terminated in
forming what they call Constitution and State. General
Riley, who professed to act civil Governor called the Con-
venon determined the number and distribution Of the
Delegates appointed the time and place of its meetng
present during the session. and gave its proceedings his
probation and sanction. If he acted without authority he
ought to have been tried, least repmanded and dis
avowed Neither having been done, the presumption is
that his course has been approved This of itself sufficient
to identify the Executive with his acts, and make
sponsbe for them touch the question whether Gen.
Riley appointed received the instructions under which
he pofessed to from the present Executive its prede
cessor cm the former, would implicae the preceding
well the present Administration. II not the response
bility rests exclusively on the present.
manifest TINS statement tnat Executive De-
parmen has undertaken to perform acts preparatory TO the
meeting of the individuals to form their ocaled constitution
and Government which apperain exclusively to Congress
Indeed they identical in many respects with the provi
sions adopted by Congress- when gives permission to
Territory to form constitution and government in order to
be admitted State into the Union.
Having shown that the assumption upon which the
Executive and the individuals in California acted throughout
this whole affair is unfounded, unconstitutional, and dan
gerous it remains to make few remarks in order to show
that what has been done is contrary the entire practice
Of the Government from its commencement to the present
time.
From its until the time that Michigan
admitted the practice uniform Territorial Governments
first organized by Congress The Government of the
United States appointed the governors Judges, secretaries
marsha and other officers and the inhabitants Of the Terri
tory were represented BY legislative bodies whose acts were
subject to the revision Of Congress This state of things
tnued until the Government Of Territory applied to Con-
gress permit it's inhabitants form constitution and gov
ernment preparatory to admission into the Union. The pre-
mnary act to giving permission TO ascertain whether
the Inhabitants sufficiently numerous to authorize them
to be formed into State. This done by taking
That being done, and the number proving sufficient,
permission granted The act granting it fixed all tie
premnaesthe time and place Of holding the Convention
the qualification OF the voters establishment OF its boundaries
and all other necessary be settled previous to a
mission The act giving permission necessarily withdraws
The sovereignty of the United States and leaves the nhab
ans of the ncpent State free to form their constitution
and government the original States of the Union at
they had declared their independence At this STAGE the
inhabitants of the Territory became for the first time people,
N legal and constitutional language. Prior to this they
were by the old Of Congress- called Inhabitants and not
people, All this perfectly consistent with the sovereignty
ofthe United States with the powers of Congress- and with
he right of people TO sef-government.
Michigan the first in which there any depar
ure from the uniform rule Of acting Hers was very slight
departure from established usage The ordinance of 1857
cured her the right of becoming State when she should
co. 900 inhabitants Owing to some neglect, Congress
delayed taking the In the time her population
until it clearly exceeded than twice the
which entitled her to admission At this stage she FORM
ID constitution and government without the being
aiken by the United States and Congress waived the oms
on there doubt she had more than sufficient
number to enle her to admission She not admitted at
he first session she applied, owing to difficulty respect
ng the boundary between her and Ohio. The great regu
ay to her admission took place at the next session. but
point which have possible connexion with the
:ase of California.
The irregularities in all other that have since occur
ed Of similar nature In all there existed Territorial
Governments established by Congress- with officers appointed
the United States. In all the Territorial Governmenttook
he lead in calling Conventions and fixing the prelminaries
preparatory the formation Of constitution and admission
nto the Union. They all recognised the sovereignty Of the
United States and the authority Of Congress over the Terrific
les and wherever there any departure from established
done the presumed consent OF Congress- and
,o in defiance Of its authority, the sovereignty Of the Uni
ed States the Territories In this respect California
stands alone without usage single example to cover her
,ase
II belongs now Senator's you decide what part you
will act in reference to this unprecedented Transaction The
Executive has laid the paper pupong TO be the Consiitu
ion Of California before you and asks you to admit her into
he Union State and the question is, will you or will
1ou not admit her. 1t grave questions and there rests
lpon you heavy responsibility Much, very much Will de-
pend upon your decision you admit her. you endorse and
"A a hash