Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-09-05
RIDAY, SEPTEMBER 5, 1856.

hi"u9t ~ representatives. mere
must be authority somewhere to de-
eide whether the Territorial Legis-
lalurc of Kansas is a legal and con-
slilutional body whether its statutes
are valid. The President Of the u
nited States has no authority to dc
eide those questions definitely, be-
cause the decision involves an act Of
sovereign legislation within the CON
stilutional sphere Of Congress. The
Judiciary cannot decIHyely deler-
mine those questions because their
own determinations, in such case,
may be moifed or reversed, and set
aside by constitutional legislative
enactment, and because the Judicia.
ry has no power to apply the means
necessary TO give effect to its decis-
ions. The subject is an actual Gov
eminent of the Territory Of Kansas
TO be established aud maintained by
constitutional laws. All legislative
power over Kansas as well as all
legislative power Whatever permitted
/ by the Constitution Of the United
States, is vested in Congress, aud Of
course in the House Of Representa-
Iives, co-ordlnately with the Senate,
and subject TO a veto of the Pres
ident. The House Of Representa-
tlyes may conslilulionally pass a bill
abrogating the pretended legislation
and Legislature OF Kansas, or de-
carlng them To be already absolute
/ ly void. The greater includes tie
less The House Of Representatives
may therefore lawfully pass a bill pro-
hiblling the employment Of tie army
Of the United States in executing
laws 10 Kansas, which il deems per
uicious no matter by whom those
laws were made.
Since the House Of Representa-
lives has power to pass such a bill
distinctly, it has power, also, to place
an equivalent prohibition in any bin
which it has constitutional power 10
pass And so it has constitutional
right TO place the prohibition in the
annual Army Appropriation bill. /
graut that this mode Of reaching the
object proposed is in some respect an
unusual one, aud in some respects
an lnconyenieut one. 1t Is not there
fore, however, an unconstitutional
one, or even necessarily a wrong one.
II is a right one, if is necessary 10
effect the Object desired, and that
objec, is one that is IN itself Just, and
eminenlly important to the peace
and happiness of the county, or 90
the security Of the liberties of the
people. The House Of Representa-
lives, moreover, is entitled to Judge
and determine for itself, whether
the proceeding 10 ,i..-- ----... =,
and whether the object Of it is thus
important. Ii is true that the SEN
ate may dissent from the House,
and refuse to concur in the prohibit
ton. In that case, each OF the two
Houses exercises an independent
right of lis own, and upon It's own
proper responsibility TO the people
II the conflict shall continue to the
end, and the bill, therefore, shall fail,
the people will decide between the
two Houses in the elections which
will follow, and they will take care
TO bring them TO an agreement in
harmony with the popular decision.
The proceeding in The present case
is thus necessary, and It's object is
thus important Pretended but in
valid laws are enacted by usurpation,
and enforced by the President Of the
United States, in the Territory of
Kansas, with the terror, if not with
an actual application of the military
arm of the Government AT least
this is the case assumed by the House
Of Representatives The case is al
together a new one. 1t has not oc-
Cured before. 1t has never even
been supposed possible that such
case could happen in Territory of
the United States. The idea has
never before entered into the mind
Of an American statesman that citi-
zens Of one State could, with armed
1 force, enter any other State or Ter
rilory, and 10y fraud or force usurp
/ It's government, and establish tyr
amy over its people much less that
President Of the United States
would be found To sanction such n
subyersion of State authority or Of
Federal authority and still less that
President thus sanctionlng it would
employ the standing army 10 main
tain the odious usurpalion and tyr
amy. Sir, the mere fact IN this
case, that the army is required 10 be
employed TO execute alleged laws ia
Kansas, is enough TO raise a presump-
ton that these laws are either wrong
in principle or destitute of cOnslitu-
tlonal authority, and ought not TO be
executed The Territory Of Kan
sas, although not State, is, or ought
to be, nevertheless II civil communi-
ty, with republican system of gov
ernment. In other words, il is dc
iure, and ought to be de tactO, a Re-
publican American Republic, ex
istlrg under and by virtue OF the
Constitution of the United States.
IL the laws which are to be executed
there are really the statutes Of such
a Republican government truly exist
ing there, then these laws were made
by the people of Kansas by their
own voluntary act. According 10
the theory Of our Government