Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-02-01

Whatever Irregularities may have occurred .
IN the elections, it seems too late now to raise |
that question. At all events, it is question |
us to which, neither now, nor at any prcyi- |
Gus time, has the least possible legal author
NY been possessed by the President Of the
United States. For all present purposes the !
legislative body, thus constituted and elected, |
was the legitimateAssemb ofthe Territory"
Such u statement is more like that OF q
mailman than that of lawyer, or Of the chief
ruler of a free people.
Having thus settled the question that the
Legislature which the Missouri invaders made
for the people of Kansas, was all right, and
IN perfect agreement with the principle Of al
lowing the people to elect their own rulers,
and also given another long chapter to Gov.
Reeder and his dealings with the bogus legis-
lature aforesaid, the President comes at last
to the doings of the people of Kansas them
selves. They it seems, have incurred the
great guilt Of disregnrding the acts of that
legislature, and have even gone 50 far as to
elect, on their own motion, q delegate to
Congress-; and that is not the worst Of it.
either
"fullowlng upon this movement was anoth-
er aud more important one of the same gencr-
al character. Persons coniesscdly not con
shutting the body polite, nov all the inhab-
itants. but merely party OF the inhabitants
and without law, have undertaken to summon
II convention for the purpose of transforming
the Territory into State, and have framed u
Constitution, adopted land under it elected
n Governor and other officers, and Repre-
sentative to Congress.
ain extenuation of these illegal acts, il is
| alleged that the States of California, Michi-
gan, and others, were self-organized, and as
such were admitted into the Union without
previous enrolling act Of Congress. 1t is true
that, while. in a majority Of cases, a previous
. act ut Congress has been passed to authorize
the Territory to present itselfas a State and
that this is deemed the most regular course.
! yet such an act has not been held to be indis-
pensablc, and in some cases, the Territory has
proceeded without it, and has, nevertheless,
been admitted into the Union as n 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 au-
thorities 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 a State. No princi pie of public law, no
practice or precedent under the Constitution
| of the United States, no role of reason, right
or common sense, confers any such power as
that now claimed by mere party in the ter
| ritory. In fact, what has been done is Of
| revolutionary character. IL is avowedly SO in
motive and in aim as respects the local law of
| the Territory 1t will become reasonable in
surrection 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 government
! Therefore as the bogus legislature is in his
/ view an authority duly constituted by
Congress- and by that body it is made high
/ ly penal for one who lives in Kanzas to advo-
cate free-State principles, and moreover a
smaller number than I" all the inhabitants, -
without leave of that authority" have
/ taken 1t upon themselves to form a State
Constitution and to elect officers under it,,
they are reasonably employed and the Pre-
ldent, wholly powerless as he was to protect
the inhabitants of Kansas from invasion, all
at once finds himself under a soleu.n duty to
| uphold the authority of the " border rufIian"
legislature aforesaid, and to quash all action
under the State Constitution formed by the
| people themselves. His message ends as fol-
! lows
Entertaining these views. it will be my I'M
/ perative duty to exert the whole power of the
req, RAJ Executive To support public order in
cnG ierriVory 10 'lhoicatc its laws, whether
'e'er"l Ut local against all attempts OF or
S,"!Aeu resistance ana so TO protect ITS peo-
PIE III 'lie t''aolIs'l'hent OIL lheir own lhstitu-
uoH'' uhulstui "ca ny encroachment from
ri,Lts of self government ossi,r1J ~ than he
the Constitution and the organic act .,of Com
ErrS5'
,,,.ns ~, r., ,i W oa'ln'',s H!s."I "
to in, nv the {; vernon in Drcrmbcr last ,yore
speedily quoted without the elruson of blood,
ana III satisfactory manner, there is | re-
H., ~ ny, a,,son " alptc" 'lu l"al u'Sor-
creasing tendency to violence until some de-.
ci-lye measures be taken to dispose of the
| question it'eli' winch constitutes the induce
,,r,'I ;,.1.", " ''A' "s ''"'ion aii' eA-
/ This. il seems to me can hest no accom-.
plished by providing that, when the inhah
'ah's Oh hahsa' may desire 1t, and shall be
cn,yanti"n ~ d,iooo.o. d"I,, o,oS 1tute
qualified voters. shall assemble to frama a
constitution, and thus to prepare, through
regular ana lawful means, for its admission
'''I' r '',' 1,i'I, Us . SAT- .,..
A law to that effect, -
recommend, also, that Special sppro.
priation be made to defray any expense which
p'"y oe'V ., ie4uia'to III Ine eAetutioh OF inc
the Territory of Kansas" '''' ''0'' ="
,c,orho ;, .L. ~, ~
,.-;.,... '"' ''iu'i 'a'n"n
,,ino ,nh, .t.u 49,, oy a .r " ue'ef'
r.a,,, Wv i''0'y' Gun
i'dhh icrce ue 80 green as not 10 know, that