The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-02-08

Il
US such were admitted into the Union with.
out previous enabling act Of Congress. IL
is true that, while In majority of cases n
previous act of congress has been passed TO
authorize the territory to present itself rs n
State, and that this is deemed the most reg
ular course, vet such an act has not been
held to be indispensable, and in some cases
the territory has proceeded without Ii, and
has nevertheless been admitted into the I'm;
ion as state. 1t lies with Congress to au-
thorize beforehand, or to confirm afterward,
in its discretion but in no instance has u
State been admitted upon the application of
persons acting against authorities duly con-
stituted by act Of Congress. In every case
It is the people Of the territory, not a PARTY
among them, who have the power to form
constitution and ask for admission rs o
State. No principle Of public law, no prac-
tice or precedent under the constitution Of
the United States, no rule OF right, rason
or common sense, confen any such power as
that now claimed by nero party in the
territory. In fact, what has been done, is
of revolutionary character. Ii is ayow-
edly 30 in motive and in aim. rs respects the
local law of the territory. Ii will become
reasonable instruction IL il reach the length
of organized resistance by force to the fun
damental or any other law, and to the au-
thority Of the general government.
In such an event the path OF duty for the
executive is plain. The constitution requir-
ing him to take care of the laws Of the
United States be faithfully executed, If they
be opposed in the territory Of Kansas he
may and should place ut the disposal Of the
marshal any public force Of the United
States which happens to be within the juris-
diction, to be used as portion of the posse
eomiiaius; and, If that do not suffice to
maintain order, then be may call forth the
militia Of one or more States for that object,
or employ for the same purpose 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 it bc duly presented to
him rs n case Of instruction, he may EN-.
ploy for its suppression the militia of any
State of the land or naval force Of the Unit
ed States. And il the territory he invaded
by the citizens of other States, whether Tor
the purpose of deciding elections or for any
other, and the local authorities find them
selves unable to repel or Withstand it, they
will DO entitled to. and upon the fact being
fully ascertained. they shall most certainly
receive the aid Of the general government.
But II is not the duty Of the President OF
the United States to volunteer intcrpo-
sition by force to preserve tho purity
of elections, either in State or territory
To do 80 would bc subyersive of public free
dom. And whether u law b. wise or un-
wise, Just or unjust, is not q question for
him TO Judge. lf il be constitutional-that
is, il il be 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 exc
cutting it in opposition to all insurcctionary
movements.
Our system affords no justification Of rev.
olutionary acts: for the constitutional
means of relieving the people of unjust ad.
ministra,ion ana laws, by q change Of pub.
lie agents and by repeal, are ample, and
more prompt and effective than Illegal rio-
lence. These constitutional means must be
scrupulously guardcd-this great prcroga'
tive of popular sovereignty sacredly IT.
spected.
II is the undoubted right Of the peacca-
bic and orderly people of the territory OF
Kansas to elect their own legislative body,
make their own laws, and regulate their own
social institutions, without foreign or do
nestle molestation. Interference, on the
one hand, to procure the abolition or pro-
hibiton of slave labor in tho territory, has
produced mischieyOus interference, on the
other, for It's maintenance or introduction
One wrong begcts another. Statements en-
tircly unfounded or grossly exaggerated
concerning events within the territory, are
seduously diilused through remote States, to
feed the flame of sectional animosity there ;
and the agitators there exert themselves in
dciatigably in return to encourage and slim
ulate strife within the territory.
The inaammatory agitation, of which the
present is only part, has for twenty years
produced nothing save unmitigated evil,
north and south. But for IL tho character
of the domestic institutions Of the future
new State would have been matter of too
little interest 10 the inhabitants of the con-
tiguous States, personally or collectively, to
produce among them any political emotion.
Climate, soil, production, hopes of rapid
advancement, and the pursuit of happiness
on the part of settlers themselves, with good
wishes, but with no interference from with
out, would have quietly determined the
question which is at this time Of such dis
turbing character.
But we are constrained to turn our attcn-
ton 10 the circumstances OF embarrassment
as they now exist. 1t is the duty OF the
people of Kansas to discountenance every
act or purpose of resistance to its laws
Above all. the emergency appeals to the cit
liens of the States, and especially OF those
contiguous TO the territory, neither by in
PREVENTION of non.rcsidents in elections, nor
by unauthorized military force, to encroach
upon or usurp the authority of the inhabi-
tants of the territory.
No citizen of our country should permit
himself to forget that he is part Of its gov
ernment, and entitled to be heard in the de-
termination of its policy and its measures ;
and that, therefore, the highest consideration
of personal honor and patriotism require
him to maintain, by whatever of power or
influence he may possess, the integrity OF
the laws and of the republic.
Entertaining these views, II will DO my
imperative duty to exert the whole power Of
tho federal executive to support public Or
der in the territory; to yindicatc its laws,
whether federal or local, against all attempts
of organized resistance and so TO protect
its people in the establishment of their own
institutions, undisturbed by encroachment
from without, and in the full enjoyment OF
the rights of self-government assured to them
by the constitution and the organic act OF
Congress.
Although serious and threatening disturb
anccs In the territory Of Kansas, announced
to me by tho governor in December last,
were speedily quietcd without the efdsion
Of blood, and in satisfactory manner, there
il, regret, To- say, reason Ia apprel'e''d that
disorders will continue to occur there, with
increasing tendency to violence, until some
decisive measures be taken to dispose Of the
question itself which constitutes the induce
mcnt or occasion Of internal agitation and OF
external interference.
This, it seems to me, can best he accom-
plished by providing that, when the in.
habitants of Kansas may desire it, and shall
be of sufficient number to constitute State.
convention of delegates, duly elected by
tbe opalified voters. shall assemble tO fran,