Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-03-27

= I'm the I'D oil Apfll, 1913, PRESIDENT lay
lor appointed Thomas Butler King agent
for the purpose of conveying important in.
structions to our military and naval comman
ders who were intrusted with the admins.
tration of the civil government de factO il
California, and to make known to the people
his opinions and wishes in respect to the for
nation of a constitution and State govern
ment preparatory to their admission into the
Uniol- What these opinions and wishe.
were, are distinctly stated by the President
in the following extract from his special mes.
sage to congress onlthe ed of January, 1850
ri did not hesitate to express to the people
of those Territories my desire that each Terri.
tory should, if prepared to comply with the re-
QUESTIONS of the constitution of the United
States, from q plan Of a State constitution, and
submit the same to Congress- with a prayer for
admission into the Union as a State; but Il did
not anticipate, suggest, or authorize the estab'
lishment Of any government without the assent
Of Congress: nor did ! authorize any govern
ment agent or officer to interfere with or exer-
else any influence or control over the election
of delegates, or over any convention, in making
or modifying their domestic institution, or any
Of the provisions of their proposed constitution
the contrary the instructions by my orders
a. NhaN OIL q ~ III 0lltto IA
adopted by the people of California must origi-
nate solely with themselves; that, while the
Executive OF the United StatS was DESTROYS to
protect them in the formation of any government,
republican in its character. 10 be at the proper
time submitted to Congress, vet il was TO be
distinctly understood that the plan of such a
government must, at the same time, be the re.
suit of their own deliberate choice. and origi.
nate with themselves, without the interference
of the Executive"
On the 90th of June, 1850, General Riley,
in his capacity as civil Governor of Califor-
MA, reports to the Government at Washington
that
Sd instant I issued my proclamation
to the people of California, defining what was
understood TO be the legal position of affairs
here, aud pointing out the course it was deemed
advisable TO pursue III order TO procure a new
political organization, better adapted to the
and present condition of the country
course indicated in my proclamation will
be adopted by the people, almost unanimously,
and there is now little or no doubt that the con
viii meet on the first Of September next,
and form a State constitution, to he submitted
to Congress in the early part Of the coming SEES
sion.
"a few prefer a Territorial Organization, bat
| think a majority will be in favor of a State
Government. so as to avoid ali further difficult
respecting the question Of slavery. This
will probably be submitted. together
with the constitution, to a direct vote Of the
in order that the wishes of the people Of
may be clearly and fully expressed.
or course, the constitution or plan Of a Teri.
torial Government formed by this convention
can have no legal force till approved by Con-
.gress."
On the 10Th day of October, General Ri
ley, acting Governor, issued the following
proclamation
ITO THE PEOPLE OF CALIFoRSIA.-The dele
gates of the people, assembled in convention
have formed a constitution which is now pre-
for your ratification. The time and man.
ner of voting on this constitution. and of hold
ing the first general election, are clearly set
forth in the schedule. The whole subject is
left for your unbiased and deliberate
consideration. e
The project (or persons exercising the flnc.
lions of that office of each district will designate
he places for opening the polls, and give due
notice of the election. In accordance with the
provisions of the constitution and schedule.
The people are now called upon 10 form a
for themselves, and 10 designate
such officers as they desire to make and execute
he laws. That their choice may be wisely
made, and that the Government so organized
may secure the permanent welfare aud happi.
ness of the people of the new State, is the sin
rere and earnest wish of the present execu-
i've, who, if the constitution be ratified. will
with pleasure surrender has powers to whom
sOever the people may designate as his success
sor.
"Giyen at Montery. California. this twelfth
iay of October. in the year of our Lord eighteen
hundred aud forty nine.
"B. RILEY.
=" Brepei Big. Gen. L. S. A. aud GOpernor Of
Official al. W. HALLECK.
Breoef Captain and Secretary of State. 1"
These facts and official papers prove con
,~lusiSely that the proposition to the people
IF California to hold a convention and organ
re a State Government originated with, and
hat all the proceedings were had in subor-
%iination 10, the authority and supremacy Of
lie existing local Government Of the Terri
DRY, under the ad vice and with the approval
If the executive Government of the United
States. Hence the action Of the people Of
California in forming their constitution and
State Government, and Of congress in admit
ing the State into the Union, cannot be
,ited, with the least show of justice or fair
hess, in justification or palliation of the rev.
pulmonary movements to subyert the Gov
which Congress has established in
Nor can the insurgents derive aid or COM
from the position assumed by either
party to the unfortunate controversy which
.rose in the State Of Rhode Island a few
years ago, when an effort was made to change
he organic law, and set up a State Govern
nent in opposition to the one then in exist
,nce, under the charter granted by Charles
he Second of England. Those who were
in that unsuccessful struggle as
as fundamental truths in our system
IF Government, that Rhode Island was a
sovereign State in all that pertained to her
internal affairs that the right to charge their
law was an essential attribute Of
sovereignty ; that, inasmuch as the charter
under which he existing Government was
organized contained no provision for chang
Ing or amending the same. and the people
not delegated that right to the legislature
Or any other tribunal, it followed, as a matter
Of course, that they had retained it, and were
at liberty to exercise it in such manner as to
them should seem wise, just, and proper.
Without deeming it necessary to express
lHN ODlDlOH WI III pCNdSitil III iCiclChtG W
the merits of that controversy, it is evident
that the principles upon which it was con-
arc not involved in the revolutionary
now going on in Kansas; for the
reason, that the sovereignty of a Territory
in obeyance, suspended in the
United States, in trust for the people, until
they shall be admitted into the Union as a
State. In the meantime they are entitled to
enjoy and exercise all the privileges and
rights Of self-govemment, in subordination to
the constitution Of the United States, and in
obedience to their organic law passed by Con-
gress in pursuance of that instrument. These
rights aud privileges are all derived from the
constitution through the act Of Congress, and
must be exercised and enjoyed in subsection
TO all the limitations and restrictions which
that constitution imposes. Hence, il is clear
hat the people of the Territory have no in
herent sovereign right under the constitution
of the United States to annul the laws and
resist the authority of the Territorial Gov
eminent which Congress has established in
obedience to the constitution.
All n APPLICATION IN ANsAs HAVE RE
SUITED FROM ATTEMPTS TO vIoLATE OR CIR
cUMvENT THE PRINCIPLES or THE NEBRASKA