Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1856-01-30


| and The provisions Of this act" IT, in view OF
This act the Legislative Assembly had the large
| mower 10 fix the permanent seat of government
al any place in it, discretion, of course by the
| .,me enactment il had the less and the included
| power TO fix it temporarily.
| Nevertheless. the allegation that the acts o'
the Legislative Assembly were illegal by reason
If this removal Of its place Of session was brought
forward TO Justify the first great movement in
| disregard of law within the Territory. One ct
the act. of the Legislative Assembly provided
for the elrcon of Delegate to the present Con
eress. and Delegate was elected under that
! law But, subsequently 10 this portion OF the
people Of tho Territory proceeded without hu-
! tbority of law TO elect another Delegate:
! Following upon this movement was another and
| more important one Of the same general ,harac-
| ter Persons confessedly not constituting the
| body polite or all the inhabitants. but merely
a party of the inhabitants. and without law have
| undertaken to summon convention for the pur-
pose of transforming the Territory into State,
| and have framed constitution. adopted it. and
under il elected Governor and other officers
| and a Representative to Congress
In estenuation Of these illegal acts it is alieg.
ed that the States OF California. Michigan, aud
others we're self-organized. and, rs such. were
admitted into the Union without previous ena-
bling act Of Congress. 1t is tue that, while in
majority of cases previous act of Congress
has been passed to authorize the Territory to
present itself rs State; and that this is deemed
the most regular course, yet such an act has not
been held to be indispensable, and. in some ca
scs, the Territory has proceeded without it. and
has nevertheless been admitted into the Union
as n State. Ii lies with Congress to authorize
beforehand or 10 confirm afterwards. in its dis
,reton; but in no instance has II State been nd
United upon the application of persons acting
against authorities duly constituted by act of
Congress. In every case it il the people OF the
Territory, not party among them who have the
power to form constitution and ask for admis-
sion State. Noprncpe of public law, no
practice or precedent under the Constitution of
the United States, no rule of reason, right, or
common sense confers any such power as that
now claimed by mere party in the Territory
In fnct, what has been done is of revolutionary
character. 1t is nvowedly So in motive and in
aim respects the local law of the Territory
1t will become treasonnhle instruction if it
reach the length of organized resistance by
force to- the fundamental or any other federal
law aud to the authority of tho General Gov
eminent.
But is not the doy of the President of the u.
States 10 volunteer intcrpostion by force to pre-
serve the purity of elections either in State ar
Territory. To do would be subversi,e Of pub
lie freedom. And whether n law he wise
wise. just or njust, Is not IA question for him to
the law Of the landit is his duty to cause it 10
be executed, or 10 sustain the authorities Of any
State or Territory IN executing it in opposition to
all insurrcciionary movements.
In sach mn event the path of duty for the Exc
culive is plain. The Constitution requiring HIM
Il take care that the laws the United States be
faithfully oxecuted,f they be opposed in the Ter
rinry Of Kansas he may and should place at the
disposal of the marshal any public force Of the
cd li,hh 4, h, thn in.
r-diction. to be used as portion of the posse
comitatus. and il 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 tho
same object any part of the land or naval forco
of the United States. So also if the obstruc.
ton be to the laws of the Territory, and il be
duly presented 10 him as case OF insui-
reciion. he may employ for its suppression
the militia of any State Or the land or naval force
Of the L. States. And if the Territory be inva-
vndcd by the citizens of other States whether f.,
the purpose oil deciding elections or for any 9TH
Ell; and the local authorities find themselves una.
BILE to repel or withstand it, they will he entitled
to and upon the fact being fully ascerlained they
shall most certainly receive, the aid of General
Government.
Our system affords no Justification of revolu
tionary acts; for the constitutional means OF re-
le,ing the people of I'm iust administration and
laws, by change of public agents ana oy r..
peal, are ample and more potent and effective
than illegal violence. These constitutional means
must be scrupulously guarded-this great pre-
negative Unpopular sovereignty sacrodly repre-
scented.
! 1t is the undouhted right of the penceabe and
orderly people of the Territory of Kansas to elect
! their own Legislative body. make their own laws,
and regulte their social institutions, with
! out foreign or domestic molestation. Interior
ence, on the one hand, to procure the abolition,
or prohibition of slave labor in the Territory has
! produced miscellaneous Interference, on the other,
for its naintenance,or introduction. One wrong
begets another. Statements entirely untounded,
or grossly exaggerated. concerning events with
in the Teriitory,are seduously ditfused through
remote States To feed the fame of sectional ami
mostly there; aud the agiators there exert them
selves ndciatigably in rctnrn to encourage and
stimulate strife within the Territory.
The inhammatory agitation, of which the pres
ent is but part, has for twenty years produced
nothing save unmitgated evil. North and South.
But for il the character of the domestic instltu-
tons OF the future new State would have been Il
matter of too little interest to the inhabitants q!
the contiguous States, personally or collectively,
to produce among them any political emoton.-
! Climate soil. produce among them any political
emotion. Climate, soil production, hopes of
rapid advancement. and the pursuit of happiness
ON the part of the settlers themselves, with good
wishes but with no interference from without,
would have quietly determined the question which
is at this time of such disturbing character.
But constrained to turn attention
to the circumstances of embarrassment AS they
now exist. 1t is the duty of the people of Kan
sas to discountenance every act or purpose Of
resistance to its laws. Above all, the emergen-
cy appeals to the citizens OF States, and espe-
cially to those contiguous TO the Territory. ne-
ther by intervention of non-residents in cleo
tons, nor by unauthorized military force, to at
tempt to encroach upon usurp the authority
of the inhabitants of the Territory.