Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-05-31

Il
Tx the permanent seat OF government but re-
cognises the power MS already granted.
But how? Undoubtedly BY the comprehensive
provision of the organic act ITSELF whichdeclares
| that the legislative power of the Territory
shall extend to all rightiul subjects Of legisla-
ton consistent with the Constitution of the
United States and the provisions of this act"
If, in view of this act, the Legislative Assem-.
bly, had the large power TO fix the permanent
seat OF government at any place IN its discre
ton, of course by the same enactment it had
the less and the included power to fix it tenn
porarily. .
Nevertheless, the allegation that the acts of
| the Legislative Assembly were illegal by rea-
son of this removal of its place of session was
brought forward to justify the first great move
| ment in disregard of law within the Territory
| One of the acts of the Legislative Assembly
| provided for the election of a Delegate to the
present Congress- and Delegate was elected
under that law. But, subsequently to this,
portion Of the people of the Territory proceed
| ed without authority of law to elect another
Delegate.
| Following upon this movement was another
and more important one of the same general
| character. Persons confessedly not constitu
| ting the body polite, or all the inhabitants but
merely party of the inhabitants, and without
| law, nave uHutflakeii 10 SUMMON Il cOHfeullOu
for the purpose of transforming the Territory
| into State and have framed "A constitution,
adopted it, and under it elected Governor
and other officers and Representative to
Congress-.
In extenuation Of these illegal acts, it is
alleged that the States of California, Michigan,
and others were selforganized, and, as such,
were admitted into the Union without previ-
Gus enabling act of Congress. 1t is true that,
while in a majority of cases previous act OF
| Congress has been passed to authorize the
Territory to present itself as a State, and that
this is deemed the most regular course yet
| such an act has not been held to be indspen-
sable, and, in some cases, The Territory has
proceeded without it, and has nevertheless been
admitted into the Union as a State. 1t lies
| with Congress to authorize beforehand or to
confirm afterwards, in its discretion; but in no
instance has State been admitted upon the
application of persons acting against authori-
ties duly constituted by act of Congress In
every case it is the people of the Territory, not
party among them, who have the power to
form constitution and ask for admission as
State. No principle of public law, no practice
| or precedent under the Constitution of the Uni
| ted States, no rule of reason, right, common
sense confers any such power as that now
claimed by mere party in the Territory. In
fact, what has been done is of revolutionary
character. 1t is avowedly so in motive and in
aim as respects the local law of the Territory.
1t will become reasonable instruction if it
reach the length of organized resistance by
force to the fundamental or any other federal
law and to the authority of the General Gov
| eminent
In such an event the path of duty for the
Executive is plain The Constitution requiring
/ fn fax thot tba lou of hp NIT
States be faithfully executed, if they be opposed
in the Territory of Kansas he may and should
place at the disposal of the marshal any public
| force of the United States which happens TO be
within the jurisdictions to be used as portion
of the posse comitdtus; and, if that do not
suffice to maintain order, then he may call
forth the militia of one or more States for that
object, or employ for the same object any part
of the land or naval force of the United States
So also if the obstruction be to the laws of the
Territory, and it be duly presented to him as a
case of instruction, be may employ for its sup
preston the militia of any State or the land or
naval force of the United States. And if the
Territory be invaded by the citizens of other
States, whether for the purpose of deciding
elections or for any other, and the local author
ties find themselves unable to repel or with
stand it, they will be entitled to, and upon the
fact being fully ascertained they shall most
certainly receive, the aid of the General Gov
eminent.
But it is not the duty Of the President of the
United States TO volunteer interposihon by
force TO preserve the purity of elections either
in State or Territory. To do so would be
subversive Of public freedom. And whether a
law be wise or unwise, just or unjust, is not
question for him to Judge. If it be constitu
tional-that is, if it be the law Of the land-it
is his duty to cause it to be executed or to sus-
tain the authorities Of any State or Territory
in executing it in opposition to all insurrec-
tionary movements.
Our system affords no justification of revolu-
tionary acts; for the constitutional means of
relieving the people Of unjust administration
and laws by change Of public agents and by
repeal, are ample and more prompt and efiec-
tive than illegal violence. These constitutional
means must be scrupulousy guarded-this
great prerogative Of popular sovereignty
sacredly respected.
1t is the undoubted right Of the peaceable
and orderly people Of the Territory of Kansas
to elect their own legislative body, make their
own laws, and regulate their own social insti-
tutions, without foreign or domestic molesta-
ton. Interference, on the one band, TO pro
cure the abolition or prohibition Of slave labor
in the Territory has produced mischievous in
/ tSlitIthNt, On tic OlHGI, lOI It's ualhN1hahSt VI
introduction. One wrong begets another. State
ments entirely unfounded, or grossly exagge-
rated, concerning events within the Territory,
are sedulously diffused through remote States
to feed the fame of sectional luminosity there !;
and the agitators there exert themselves indie
fatgabyin return to encourage and stimulate
strife within the Territory.
The infammatory agitation, Of which the
present is but part, has for twenty years pro-
duced nothing save unmitigated evil, North
and South. But for it the character of the
domestic institutions Of the future new State
would have been matter Of too little interest
TO the inhabitants oE the contiguous States,
personally or collectively, to produce among
them any political emotion. Climate, soil,
production, hopes of rapid advancement, and
the pursuit Of happiness on the part Of the
settlers themselves, with good wishes but with
no interference from without, would have
quietly determined the question which is at
this time Of such disturbing character.
Rat nod