The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1856-02-07

mtchisan aud others, wei seit-organi-
ztd, and as such were adF,ff..,, ,.>t6 ;nr
Union without n previous enabling act
c! Congress Ii is true thht, Willie, 10 a
majority OF cases, prepioss ACT of Con
gress has been passed to authorize the
Territory to present itsefss State, and
that this is deemed tASrynost regular
course, yet such an act has not heen held
to be Indispensable, aud, " some cases,
tile Territory has proceedtSI without il,
aud has nevertheless beetadmiued into
the Union as Il State. ltlsrJ with Con-
gress to authorize beioreliai;d, or to con-
tirm afterwards, IN itsN$ s<rruon. But
in no instance has a ST. %RIcru admit
ted upon the applicatloh SNTiersous act-
ing against authorities d3S constituted
by act of Congress. In SNssry case il
is the people OF the Terrtots, not a party
among them, who have the power to
form a Constitution, aud asa for admis-
sion AS a State. No principle OF public,
law, no practice or precedent under the
Constitution ofthe United Sia;es, no rule
OF reason, right, or comGon sense, con-
ters any such power as tb&t now claim
ed by mere party in the Territory
In fact, what has been doue is OF revolu-
tionary character. IL is avowedly so in
motive and in aim as respbG,s the local
law of the Territory. Ii will become
reasonable instruction if IL reach the
length OF organized resistance by force
to the Fundamental or any other federal
law, and TO the authority Of tho General
Guvernmeut.
In suchan event, the pa,h of duty for
the Executive is plain. The Constilu-
tion requiring him To take care that the
laws of the United States Sc faithfully
executed, if they he oPIposs1 in the terri
tory of Kansas, lie may ap'kf fhould place
at the disposal of Tie cIsaarsbal any
| public force Of the Unitetp fSssies which
| happens to be within the ladrisdictlou,
to be used as a portion OF tile posse CO.
| nitatus /; ;and, it that do npt suffice TO
maintain order, ,liell ht'titSS stail forth the
| militia of one or more Siatest for that OBJ
ject, or employ for the same OBJECT any
| part of the land or naval S,rce of the
| United States. So aIso,if ,htobstruction
be to the laws of the TerrlsSty, and if it
be duly presented 10 him as case of
insurrection, he may employ Tor it's sup
preston the militia of any State, or The
land or naval force of the Uiiited States.
Aud if the territory be y,~-NEed by the
citizens of other States es. atstier Tor the
purpose of deciding eleH Sy.-or for any
other, and the local authorities find them
selves unable to repel o! Withstand it,
they will he entitled to, a,sdupou Tie fac,
being uily ascertained, tScy shall most
| certainly receive the aid of lne General
| Government.
| But il is not the Ir.S; OF Assa1sesS.. id q at
! or tine United States Is SSs,, ,fss inter
position by force TO prese,Se the purity
ut elections either in a Stale or Terri.
tory. To do. so would be susversive OF
public freedom. Aud whether law br
| wise or un~ise,lusl or uninsi, is not a
] question for him to judgeSY 4isit be con :
sttutional-thatis, is, IL bethe law of the
land-it rs his duty to cnase- il to he ex-
ecuted,or TO sustain the authorities OF any
State or Territory ihSeSecuting II in OPP
position TO all $insurrectiohary move
ments.
Our system affords no Justitication, Of
4 revolutionary acts ior the constitutional
means OF relieving the people of unjust
I adtiinistrationand laws, oY change ot
puoiic agents aud oy repeal, are ample
ana more prompt and eirciive man
Illegal violenee.,, These e-fonstitntlonal
means must Do scruppe WY g,darSed--
.ns egfeat prerogatiye oi popular sove-
reighty sacrealy respecteat&
~ Is the undouoted rigSsNS tue peace
ape r. aud orderly people OF W territory
oI hansas 10 elect .he,r ~ legislative
nouy' make lneif own lafnssss'Sna regulate
their own soc'ai; ihst'tutlohs' without
tore'gn or domestic ihoies'auoh. inter
ference, on tue one tland, TO procure tue
aoo,n''oh OF prohipitioii OF slave labor 'Ii
the ierrltofy' hhs produced ahiscii'evo
hterierehce' on the "iher' ior It's mann
.enance or inlrodaeuon. 1ne wrong
oegets anothor Sia'enieSfs entire'y
| unfounded, or grossly exaggerated, con-