Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1856-02-07


representative to Congress.
In extenuation Of these illegal acts,
it is alleged that the States Of CALI
fornia, Michigan and others, we're
self.organized, and as such, we're adj
mitted into the Union With previous
enabling act Of Congress. 1t is true
that, while, in a majority Of cases, a
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 indispensable, and, in some cases,
the Territory has proceeded without
it, and has nevertheless been admit
ted into the Union as a State. 1t lies
with Congress to authorize before
hand, or to confirm afterwards, in its
discretion. But in no instance has
State been admitted upon the appli-
cation 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 ad-
mission as a State. No principle of
public law, no practice or precedent
under the Constitution ofthe United
States, no rule ofreason right room
mon sense, confers any such power
as that claimed by a mere party in the
Territory. In fact, what has been
done is Of a revolutionary character.
1t is avowedly so in motive and in
aim as respects the local law of the
territory. twill 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
Government.
la such an event, the path of duty
for the>Executive is plain. The Con-
stitution requiring him to take care
that the laws of the United States
be faithfully executed, if they be
opposed in the Territory of Kansas,
be may and should place at the
disposal of the marshal any public
force of the United States which
happens to be within the Jurisdiction
to be used as portion of the posse
comitatus; 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 if it be
duly presented to him as case Of
instruction, he may employ for its
suppression 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 authorities find them
selves unable TO repeal or withstand
it, they viii be entitled to, and upon
the fact being fully ascertained, they
shall most certainly receive, the aid
of the General Government.
But it is not the duty Of the Pres
iident of the United States to volun-
teer interposition by force to preserve
the purity of elections either in a
State or Territory. To do SO would
be subyersive of public freedom.-
And whether law be wise or unwise,
just or unjust, is not question for
him to Judge. IF it be constitutional
that is, if it be the law of the land
1t is his duty to cause it to be exc
cuted, or to sustain the authorities Of
any State or Territory in executing
it in opposition to all insurrectionary
movements.
Our system affords no justification
of revolutionary acts; for the constitu-
tional means of relieving the people
of unjust administration and laws, by
a change Of public agents and by re-
peal, are ample, and more prompt and
effective than illegal violence. These
constitutional means must be scrupu-
lousy guarded-this great preroga-
tive 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 institu-
tons, without foreign or domestic mo-
lestation. Interference, on the one
hand, to procure the abolition or pro-
hibition of slave labor in the Terrific
L.. ~