The Kansas herald of freedom., 1856-01-19


1t is tallacious reasoning to deny to
the President authority to prevent the
Illegal interference of Missourians. and
to guard the ballot-box in Kansas against
violence on the ground that the organic
law of that Territory does not expressly
enjoin any such duty upon him. Such
construction would make some of the
most important and necessary laws of
Congress dead letter. But compare
lively few laws contain any such provis-
ion. Such construction, moreover,
would operate as a practical amendment
of positive injunction of the constitu
ton of the United States, by limiting the
duty of the President. to stake care that
such laws only can be executed as Con-
gress shall therein expressly require him
to execute ! !"
What provision, we desire to ask, can
De found in the fugitive slave law, which
requires the President, if need be, to put
in requisition the army and navy of the
United States TO send back fugitive
slave We are not aware that that law
contains such express authority. The
argument, therefore, proves too much,
unless the fugitive slave law is an excep-
ton to the rule, and the protection of
slavery is more important than the pro-
lection of the rights of citizenship. If
in appointing the officers of Kansas the
President exhausted the power expressly
given him under the specific law organ
lzlng that Territory, he had under the
constitution still higher, and more deli
cate and important duties to perform
Of what avail was the parchment COM
missioning Hon. A. H. Reeder as Gov
ernor of Kansas, or the organic law of
Congress requiring him to fix the time
and places for resident citizens of Kansas
to deposit their ballots for members of
the legislative assembly-if that COM
mission and that law instead of being
sustained by the strong arm of govern
ment were liable to be annulled by Mis-
sourians, and to lose all vitality "when
the forlorh people shall approach them
for protection ? "We have not been ac-
customed to regard the Kansas Nebraska
law, and the appointment of Gov Reed
er that farce which such construction
would imply.
Although the conduct of the Missou-
rians is an anomaly in our history, thanks
to the patriotism of our people, yet ali the
analogies of our political history, wheth-
Ion h Il
our foreign relations sanction the position
we have taken. President Van Buren
saw fit to interfere to prevent the viola
tion of our neutrality laws on our North
ern frontier. Both Presidents Fillmore
and Pierce himself issued their proclama-
tions, upon slight evidence, warning our
citizens of the danger of violating our
neutrality laws with Spain.
Are the neutrality laws of Congress
more important than its Territorial enact
ments? Or is it less the duty of the
President to protect the people Of Ter
ritory from the attacks of citizens of
another State, than it is to protect for
eign government from the wantonness of
our own citizens? Upon the first signs
of civil waAbetween the inhabitants of
New Mexico and the authorities of Tex
as, President Taylor dispatched the Uni
ted States troops 10 that quarter When
the citizens of South Carolina raised the
bloody flag of nulliication, Gen. Jack
son, SO far from entering plea of i'm
potency, issued his proclamation and
threatened to put in requisition the entire
power of the general government The
result was the settlement of that yexed
question, and peace to the country
Who car say what would have been the
consequence to the republic on the occa-
sions referred to, had less firmness been
manifested by the incumbents of the
Presidential chair? Ii on such great
occasions, and under such fearful respon-
sibilities it has been deemed necessary,
and has proved wise, for the President
to take care that the laws be faithfully
executed" can there be any doubt as to
what his authority is on the Kansas
question?
The contrary doctrine would necessa-
rily lead to Congressional Intervention in
the domestic affairs of Territory, and
perhaps to the enactment of Wilmot
Proyiso for If the people of the Terri
tories are not to be protected in legisla-
ting for themselves. Congress must leg
islate for them, and surely, of two evils,
Congressional intervention is less to be
dreaded than Missouri intervention.
| We therefore trust that President
Pierce, regarding these precedents, the
solemn injunctions of the constitution,
and the peace, prosperity and perpetuity
of the republic, will interpose the power
of the general government and guard
the ballot bex In Kansas from fraud and
violence should future occasion require
it. This may be done by giving the
Governor of the. Territory authority to
call the United States troops into this
service in connection with the civil posse.
4 The United States District Attornies for
Kansas and Missouri should be instruct
ed to commence prosecutions against the
ringleaders in these outrages for con-
tspiracy to obstrnet the execution OF the
laws of the United States. 1t will be
| Iowaood;noIv diffi.ult nav imnoSSible