The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-09-05


perry organized government 10 that territory, and
s~condiy that there had teen no legal eisction
held therein.
Il would he oui Of place here Ia comment eth.
CT Oh the violence, or cn the report Of the Com.
,ni,iee. Both have bera widely spread b-iore the
constituency II the district aud they will Judge
Tor themselves. 900
Fisaly I cone 10 Tho question iavolved 10 The
army appropriation ball ~ Gar % the Territory Of
Kansas l. c.ncerned.
II the too fscss shove ssssed O. being educed
by The lsbos OF the kaasss Investigating CON-
mis~ioa be true, namsly, thsi there 10 no proper.
" organized government 10 Kansas, and that there
have been no legal elections hsld iherria, how
stands the conduct Of yous Representatives In re-
lstiou 10 the army appropriated biil ss Affected
by these fsctsi
lie, me here place q simple sta,emeat OF ihs
Question before you. Here y q bill uppsupsnl Ins
nessly louuesa millions OF dollars fos lie suppot
VI The army. Il originates 10 tho huase Of Hep.
reseatsiives, wberc BY the coa,ii,utiea Il oaiy
csu originate. In that bill II inserted Q pVvi.o
which declares "That no part Of the military
5rcc Of the Ua,,ed States, lor the support u
which sppcopos,,oas are made by this sct, shall
be employrd In aid Of the enforcement u any
cuscinieni Of The Loiy claiming 10 lie the Terrific
rsi Legislature II Kansas, anil such rnsc,mrnt
shall have ieea affirmed and appnved BY Con.
pnss but this pr,viso .hsli MOI be % construed
\ ~ W pfvttu' EfNrtutut tuk iutfU
al adequate military lorre bot u shalI be his du.
" 10 employ such force 10 prevent the invasion
Of said Territory by armed bands Of noa.rrsidsuts
or amy other body u Don.reridrnts, acting 90
claiming 10 act a. q posss oe~iiaty Of shy oticer
iR siid Territory 10 the enforcement Of sny such
sn.ctnents, aud 10 protect the penous sbd prop
cry theein, shd upon the NATIONAL highway lead.
Jug 10 said Territory, from all unlawful searches
| aud seizures and u shall he hi, further duty 10
take cficieat measures To comnei the return Of
| and withhoh MI arm. of the United States dis.
| irbuied IN or To said Territory IN pursuance Of
any Law Of the Uniiei states authorizing the dis.
lribuion u arms To the States aud Territories"
aud with this pfo,i.o the bill 10 passed In the
iiouse and seat 10 the Senate Tie Senate re-
fuse 10 psss the lill with this psoviso. no,wiih
standing the arknowirdsed fact that there /. no
properly organized government In Kansas aud
that there havc -ea NJ legal elections held there
In. They send the I'LL back 10 The Housr, spd
the House expresses iys liberalization no, TO re-.
cede fron The position II had taken. A time ID
fixed by both bodies for an sdjoummeni, and they
adjourned without rrssins the hin. The Prvsi.
session, and the bill IL again t,cios lost because
your Representatives are faithful 10 their trust and
their principles.
Now lot us look at this proviso. What
Is is whole force and meaning? And hav.
ing ssen that let IN ask who arc the rcvolu.
tionists o.
What Is this proviso 10 ib force and
meaning? Simply that the President shall
not use the army to aid In tho enforcement
Of enactments made by body whose su.
thority Is not only disputed but believed to
be nugatory by almost every man both in
the Senate and House Of Representatives
who has taken the least trouble 10 inquire
into tho matter. We have said, "The army
shall not be used for the enforcement Of the
acts Of this body, because we deny their 10
gility. That Is the condition on which we
will grant you thi, appropriation, and on
no other condition will we gnntit. Il 10 for
Us to make this condition /; the power Is vest.
cd In Us for wise purposes by the constitu.
ton, and we arc determined to exercise II in
accordance with such wisdom NJ We possess"
Need II be asked Of any living man wheth-
er there is anything wrong in this! Nay 10
1t not clearly and undeniably right 7 Shall
the President be suffered TO use the army
for the enforcement Of laws which even Gen.
Cass has declared ore disgrace 10 the age,
which Senator Weller and Others Of the nd.
ministstion party have denounced rs
"shocking and atrocious," and which both
Houses Of Congress have actually repealed
by sepante bills3
But the rroviso does not even 20 thus Gar.
II simply provides that tho army shall not
be used by tho President for the enforce
ment of these Kansas laws UNTIL THEY ARE
APPROVED ny COsGREss.
Can any reasonable man have any objcc.
ton to that? Has not Congress supreme
control over territory while II remains
territory? Arc not oil the acts which may
be passed by territorial legislature subject
to the revision Of Congs.?
! And was tiere anything 50 fearfolly revo-
lutionary in dcclaring..that the army should
not be used for the enforcement Of thcse dis
graceful enactments3 And yet, for the eI.
crcise Of right conferred upon us by tho
constitution Tor the preservation Of tho lib
critics Of the people, we are stigmatined as
rcyolutionists and traitors by those who at
this moment are ready to grasp the public
sword in the other 7..-..l
! 4 word nov rs 70 the question Of rowrR.
And here let me say that vital principle
as affecting tho stability Of our government
Is involved. II has been aptly aid that,
"lf the representatives Of the people have
no power to withhold supplies or 10 attach
conditions TO the grant OF them, then tho
whole theory and nature OF our Government
have been misunderstood. The doctrine has
become well established, that tho Senate
does not represent the people, and that It's
composition does not include tho popular
element. In act Of usuypation, In all at
| ,o,,, ~. a., .xtard tka vr,r,s,a t;va ,f a.. e.,
ecutive and to strengthen the arm OF au-
thority, II Is almost certain to DO on the
side OF the President. II, then, this Is q
government Of the people a. Il is familiar
ly termed, where Is the agent OF the popular
fcrce1 What Is the guarantee OF the pop
ular powerg This agency and power hare
been heretofore universally conceded 10 re-
side In the House Of Representatives; and
It has boon supposed that the means OF their
exercise consisted In tho control Of tho pub
lie funds, which are aptly and justly called
the ways and means Of government. But
now, on the very FIRST occasion when the
House undertakes TO use this great power,
and that too for the avowed and manifest
purpose OF preserving the public liberties,
the existence Of Il 10 clamorously denied
If this now and unexpected pretension Of
Olinrchical power be admitted, our Repub-
licin system Is the most soulless and heart
less deipotism eyer created, FOR the doc,
trine which prostrates the House Of Repre-,
sentativcs, Ia effect deposits all legislative
functions In the Senate, and upon the now
generally received theory Of tho Constitu.
ton. the Senate does not represcnt the pop
ular WILL" ~. =,
Tho same writer adds :-''lt Il evident
that We deprive the House Of its control Of
the public funds, We make Il tho nero reg
ister Of the DEGREES Of the President and
Senate, and In thus eviscerating the popular
branch, we should, in fact, ooncentrsts both
legislative and executive power In the Sen.
ate for, a. italrcndy possssos. jointly with
the President, the right Of appointment TO
of6ce, II would surely become too strong for
the President, IL to its acknowledged con-
stilutional privileges were added the money
powcr-tho dipensatiOn Of tho ways and
means. f- .--..t ~. -,rI r..