The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1856-02-06

gress, and q delegate was elected under
that law. But, subsequently, to this. a
portion OF the people of ;he Territory
proceeded without authority OF law. to
elect another delegate. ;
Following upon this movement was an.
other and more important one of the same
general chsracter. Persons confessedly
not constituting the body polite, or all
the inhabitants, and without law. have
und .rtaken to summon u convention for
tie purpose Of Transforming the Territory
into State, and have framed a Constitu.
tion, adopted it and under it elected q
governor and other officers, and repre-.
sentative to Congress.
In extcnuation OF these illegal acts. il
is alleged that the States Of California,
Michigan and Others were self organized.
an'i IS such. wore admitted into the Union
without a previous enabling act CT Con-
gress. 1t is true that, while. in a majori.
ty OF cases, a previous act Of Congress has
been passed to authorize the Territory to
present itself rs y State, and that this is
the most regular course, yet such an act
has not been held to be Indispensable, and
in some cases, the Territory has proceeded
without it, and has nevertheless been ad.
mittcd into the Union as q State. 1t lies
with Congress to authorize beforehand, or
to confirm afterwards, in its discretion.-
But in no instance has State been ad.
m:tted upon the application Of pcr.ons
acting against authorities duly constituted
Cy act Of Congress. In every case it is
the people of the Territory, not party
among them, who have tho power to form
a Constitution, and ask for admission ~
state. No principle Of public law, no
practice or precedent under the Consti,u-
ton Of tho United States, no rule of res.
son, right, or common sense, conf.rs, any
such power rs that nov claimel iy a
mere party in the Territory. In fact.
what has been done 10 OF revolutionary
character. 1t is avowedly So in motive
and in aim as respects the local law Of
ths Territory. 1t will become REASONABLE
instruction ifit reach the organized resis.
tance by force to the fundamental or any
other federal law, and to the authority of
the General Government.
In such an event, the path Of duty for
the Executive Is plain. The Con. tuition
requiring him to take care that tho laws of
the United States he faithfully executed, il
they bo opposed in the Territory Of Kan.
sas, he may and should place ut the dis.
posal OF the marshal any public force of
the United States which happens to be
within the Jurisdiction, to lie used n
portion OF the posse eomitatus; and, IL
that do no. suffice to maintain order, then
he may call forth the militia Of one or
more States for that ol,jert, or employ for
the same object any p .rt cf the land or
naval f,r;e ofthe United States. So, al.
50, il the obstruction be to the laws Of the
Territory, and if it be duly presented TO
HIM as case Of insurrection, he may EN-
ploy for its suppression the militia Of any
State, or the land or naval force of the
United States. And if the Territory he
invaded by the citizens of other States,
whether for the purpose Of deciding e.ec,
tons, or for any other, and the local au.
thorities find themselves unable to repcl or
Withstand it, they will he entitled to, and
upon the fact being fully a.certsinod, they
shall most certainly receive the aid Of the
General GovernmeH
But II is not the duty Of the President
OF the United States to voluntee, inferno.
sition by force to preserve the purity Of
sleciion' either in State or Territory
TO do SC would be subversi, of public
freedom. And whether law be wise or
nnwise, just or unjust, is not = question
for him to judge. Ii it be constitutional
- that is IL it 10 the law Of the land-it
is his duty to cause it to be executed, or
to sustain the authorities Of any State or
Territory in executing it In opposition to
all insurrsetionary movements.
Our system affords no justification of
acts for the constitutional
means Of relieving tho people Of unjus,
aud laws, by = change Of
public agents and by repeal, are ample,
and more prompt and effective than iIle.
gal violence. These constitutional means
must be scrupulously guarded-this great
prerogative ofpopular sovereignty sacred
ly respected.
It 3 the undouttod right Of the peace
able and orderly people Of the Territory |
OF Kansas to ele:t their own Legislative |
body, make their own laws, and regulate
their own social institutions, without for
eign Or domestic nolestation. Intefer. !
ence, on the one hand, TO procure the ab.
clifton or prohibition Of slave labor in til.
Territory. has produced miscl,evous in.
reference, on the otncr, for its msinten
sDee or introduction. One wrong bcgsts
smother. Statements entirely unioundes:,
or grossly exaggerated, concerning events
within the Territory, are sedulously diff.
fussd through remote States to feed the
hame OF sectional snimosity there; and
the agita.ors there exert themselves inde.
fatigsbly 10 return to Encourage and
stimulate strife within the Territory.
The infamatory sgitation, Of which the
present., but apart, has for twenty year.
produced nothing save unniiigatej evil,
North and South. But for II the chsrac.
Ter Of the domestic Institutions of the fu.
ture new State would have been matter
Of too little interest to tho inhabitants of
the contiguous States, personally o.. col.