Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-03-07


muns,rous assumption. If the individuals who made
this movement had gone into California adventurous
and if as such, they had conquered the territory ana es
tablished their independence, the sovereignty OF tne
country would have been vested in them, as separate
and Independent community. In that case, they would
have had the right to form constitution, and to esa-
blish government tor themselves; and il afterwards,
they thought proper to apply to Congress tor ADMISSION
into the Union sovereign and independent STATE all
this would have been regular, and according to esta-
blished principles. But such is not the case II was
the United States who conquered California, and hnaly
acquired it by treaty. The sovereignty OF course, is
invested in them, and not in the individuals who have at
tempted to form constitution and State, without their
consent All this is clear, beyond controversy unless
it can be shown that they have since lost or been d.
vested of their sovereignty.
Nor is it less clear that the power of legsatng over
the acquired territory is vested in Congress, and not as
is assumed in the inhabitants OF the Territories. None
can deny that the Government OF the United States have
the power to acquire Territories, either by war or treaty;
but the power acquire exists it belongs to Congress
to carry it into execution. On this point there can be
no doubt for the Constitution expressly provides that
Congress shall have power "to make all laws winch
shall be necessary and proper to carry into execution the
foregoing powers" Chose vested in Congress- land all
other powers vested by this Constitution IN the G0uern-
nent of the United States, or in any department or
office thereof" 1t matters not, then where the power
is vested; for if vested at all in the Government OF the
United States or any of its departments, or otcers the
power of carrying it into execution is clearly vested in
Congress But this important provision while It gives
to Congress the power OF legsating over Territories,
imposes important restrictions its exercise by restrict
ing Congress to passing laws necessary and proper Tor
carrying the power into execution. The prohibition ex-
tends not only all laws not suitable or appropriate to
the object OF the power, but also to all that UNJUST
unequal, unfair, for all such laws would be unneces-
sary and improper, and, therefore, unconstitutional.
Having established, beyond controversy, that the
sovereignty over the Territories vested in the United
States-hat is, in the several States composing the
Union-and that the power of egislang over them is
expressly vested in Congress- follows that the lndvl-
duals in California who have undertaken to form
a and
Gslatng without the consent OF Congress, have usurped
the sovereignty OF the State and the authority OF Con-
gress and have acted in open defiance Of BOTH In other
words what they have done is revolutionary and rebel
lous in its character anarcca in its tendency and cal
culated to lead to the most dangerous consequences
Had they acted from premedation and design, 1t would
have been, in fact actual rebellion; but such is not the
case. The blame lies much less upon them than upon
those who have induced them to take course so un-
constitutional and dangerous They have been led into
it by language held here and the pursued by the
Executive branch OF the Government.
have not of the Executive to the calls
made by the Houses of Congress for information as to
the which took the part which it acted in re-
have not been printed But there is enough known
justify the assertion that those who profess to represent
and under the authority of the Executive have advised
aided and encouraged the movement which terminated in
forming what they call Constitution and State General
Riley who protested to act civil governor called the
venon determined the number and distribution of the
delegates appointed the time and place OF its meeting was
present during the session. and gave its proceedings his
probation and sanction If he acted without authority he
have been tired, at
avowed Neither having been done the presumption is that
his has been approved This OF itself is sufficient to
identify the Executive with his acts and to make it response
BILE for them touch not the question, whether General
Riley appointed received the instructions under
which he protested to act from the present Executive or its
predecessor Ii from the former it would mpcate the pre-
ceding well as the present Administration II not the
responsibility rests exclusively on the present.
Ii is manifest from this statement that the Executive De
partment undertaken perform preparatory the
ton and government which appertan exclusively to Con
gress. Indeed they Identical in many respects with the
provisions adopted by Congress when gives permission to
Territory form constitution and government in order
to be ad4Ied a State into the Union
Having shewn that the assumption upon which the
Executive and the individuals in California acted throughout
this whole affair is unounded unconstitutional and danger
GUS it remains to make few REMARKS IN order to shew that
what has been done contrary the entire practice Of the
government from its commencement to the present time
From its commencement until the time that Michigan was
admitted the practice uniform. Territorial govern
ments first organized by Congress The Government
bs gn Msss a as
the ferxtory were reprsented by legislative bodies whose
o of's a ePgfsss 4s ssls
Piled to Congress pern inhabitants to form consti
Saon P Tn5 o GIVING psrsso 9s the
ascertain wAshff the nlfnants were sufficiently hume
ssas ts es % s sd the aassi
qg sufficient EN-, was ANTE act gre o14
ing the convention; the qualification of the voters; esta
bishnen OF its boundaries and all other measures neces
permission necessarily wtdraws the sovereignty Of the
United States and leaves the inhabitants OF the incpent
the original States OF the Union after they had declared
their independence. At this stage, the inhabitants of the
constitutional language Prior to this they were by the old
acts of Congress- called inhabitants and people. All
this perfectly consistent with the sovereignty of the United
States with the of Congress- and with the right of
| people to selfgovernment.
Michigan the first in which there any depar
ture from the uniform rule OF acting Hers very
slight departure from established usage The ordinance OF
ST secured her the right of becoming State when she
should have 10000 inhabitants Owing to some neglect
Congress delayed taking the In the time her
twice the number which entitled her to admission AT this
stage she formed constitution and government without
waived the OMISSION as there was no doubt she had
than sufficient number to entite her to admission
to difficulty respecting the boundary between her and
Ohio The great egarity to her admission took place
at the next session, but point which have posi-
BILE connection with the of California.
The Irregularities in all other cases that have since
red are OF similar nature IN a mere existed territorial
governments established by Congress with officers ap
pointed by the United States In ALL the territorial govern
ment took the lead IN calling conventions and liking the pre-
inares preparatory to the formation OF constitution and
admission into the Union They all recognized the
renty of the United States and the authority of Congress
the Territories and wherever there was any departure
from established usage was done on the presumed
of Congress- and not defiance of its authority the sove
regnty of the United States over the Territories In this
respect California stands Alone without usage single
example to cover her
1t belongs Senator's for to decide what part
will i'll reference to this unprecedented transaction The
Executive has laid the paper purportng to be the cons
ton OF California before and asks to admit her into
the Union as state and the question is, will you will
you not admit her 1t grave question: and there rests
upon you heavy responsibility. Much very much will de-
pend upon your decision If you admit her, you endorse
and give your sanction to all that has been done Are you
prepared to do Are you prepared surrender your
power of legislation for the Terrtories-a power expressly
vested in Congress by the Constitutions has been fully
tabshedi Can YOU consistently with your oath to support
the Constitution surrender the power Are you prepared
admit that the inhabitants of the Territories possess
sovereignty them and that any number less
may claim extent of Territory they please may form
constitution and government and erect it into State, with
out asking your pormssion Are you prepared to
der the sovereignty of the United States whatever terri
tory be hereafter acquired the first advenuers who
may rush into Are prepared to surrender virtually
to the Executive Department all the powers which you have
heretofore exercised the Territories If not how
YOU consistently with your duty and your oas to support
the Constitution give your assent to the admission OF Cali
ornia State under pretended constitution and govern
mentl
Again can you believe that the project of constitution
which they have adopted has the least validity Can
believe that there is such State in reality the State of
Californian No. there such State. 1t has legal
constitutional existence 1t has validity and have