The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-26


law which threatens the peace not only u the rsr-
ritoIy Of Kansas, but Of the Union.
objection to the proceedings Of the legislative
Assem- bly, Of exceptfanabe origin the reason that
by the express terms Of the organic law the at go
vernment of the Territory located tepor sry At
Fort IAsvenworth " and yet he Governor himself re-
NAMED there has than two months and OF his own dis
creton transfer ed the Of the Shs
nee Msaion where it in fact at the time the Assem-
had sseh right to change temporarily seat Of go
verpnent, still moro bad the Iegslstve Assembly. The
objection Of e1ceponsbls origin for the further
proposed town site oay vhoh he ana others we're AZ
rsssrva ion and for participation in which issa act
the conmandAnt Of the post-a superior oecer Of the
army-has been dismissed BY sen.sacs Of court martial
Nor il it easy to see why the legislative Assembly
might not with priety pass tae Territorial act
errpg It's stings to the shawnee Mission II 1t could
neon patbe provision Of act of Congress- But such
provision exists The organic act, already quoted
says the seat OF is hereby located tsmPo
certain OF the public buidng- there may DO occupied
and used under the oirecu Of the Governor and Legs
ative Assembly" These expressions might possibly be
imply that whsn q previous section OF tie
act IL enacted that rhs first Less ttva Assembly
shall meet At such place Gay the Governor
shall appoint" the word ''plaoe means place Fort
Leavenwortfnot place anywhere In ths territory. II
the Governor would have the first to In this
government to the Shawnee Mission but in again
Ing it 70 Pawnse CITY II there was any departure nom
the letter Of the law therefore, 1t Was his IN both in
star ces.
But however this may be- it Is most unreasonable
suppose hat by the terms of tue organic act Congress
intended to do nphecly what II has not done expressly
That III TO forbid to the legislative Assembly the power
to chr cse any place It might MT tie temporary
seat Of its deliberations. That proved by the sgni6-
the that of March 3, 1885, which, makug
appropriation for public buildings Of the Territory,
enacts that the shall not be expended sunt the
Legs Of ssid Territory shall have fixed by law the
PERMANENT seat of government" Congress, IN thee ex
sx tbs t seat Of but
TIE power as enc ready granted. But hews Undoubs
eddy by the comprt hensve provision OF the organic act
ITSELF which declares that the Legislative power OF the
Territory shall extend to all rgbtul SUBJECTS of legla
ton consistent win the eonstisat,oa Of the United
States and the provisions of this a;t" IT. In view of
this act the Assembly had the large power to
fix the permanent of 1T place In its
discretion BY the It had the
less and the incluced po wer TO fix il temporarily.
Nevertheless the allegation thRs the acts OF the egs
ative Assembly illegal by reason Of this removal OF
its pace Of session. brought forward 10 justify the
first great movement in disr Of law within the Ter
rory ore Of the acts cfthe Legislative Assembly pro-
gress, aud delegate elected under that law. Bat
subsequently this portion Of the people Of the Terri
tory proceeded without authority OF law to elect ano-
Their delegate.
Following upon this movement another and more
important Of the same general char scter. Persons
rfessedIy not constituting the body polite all toe
inhahitants but merely part of the inhabi ants and
without law, have undertaken to summon convention
fer the purpose Of Transforming the Territory into
under 1t elected Governor and other officers, and
preventative to Congress.
States Of California, Michigan and others self organ
lied and such admitted into the Union wihout
previous enabling act Of Congress- 1t Is true that while in
majority OF previous act of Congress has been
passed to authorize the Territory to present itself
State and th.t this deemed the moet regular COURSE
yet such act has been held to be Indispensable
and in cases, the Territory has proceeded without
it. has nevertheless been into Union a.
stale 1t hes With Congress- to authorize bsor eaand
or aft in ita in
Sta nee has State bee admitted upon the application OF
persons acting sgainst authorities dolly constituted by
act Of Congress In every 1t il the people OF the
Territory not party among them, who have the power
to form constitution, and ask tor admission State.
der the contribution of TIE United States rule Of
son, right common sense confers any such power
tt at nov claimed by party in the Territory In
fact what has been cone Is of revolutionary character
1t is avowedy 70 in and in aim respects the
local law Of the T. rritoYy Ii will reasonable in
surrection If it reach tue length organized resistance
by force to the tai other federal law aud
to The authority of the general government
In such event, the path OF duty for the Executive
tt The laws of United States be faithfully executed
they be opposed in he Territory of Kansas be may and
should place =, the dspofA Of the marshal any public
jurisdiction, to be used portionsof the posse eondts
and that do not suffice to maintain ORDER then he may
call forth the militia Of States that OBJ
ec employ for the object any part of the land
naval force OF the United States. So, also the OBJ
ion be to the laws OF th Territory and it be dolly
poy for its suppression the militia Of any State the
land naval force Of the United States And the Ter
the purpose Of deciding elections for other and
the local authorities find themselves unable to repel or
Withstand it, they Will entitled to, and upon the fact
being July ascerained theyshA most certainly recsve
the aid OF the general government
But it is not the cuty Of the President Of the United
States volunteer interpretation by force to the
purity Of elections either in State Territory To do
would be subvereve Of public freedom. And whether
law be wise uDwise just unjust Is not question
It'd Ia IL
the law If the landt is his duty to 1t to be
cuteo sustain the authorities of state Ter
rtory in executing it in opposition to al mary
movements.
Our system affords justification Of revolutionary
acts for the constitutional Of relieving the people
of III just administration and laws, by change OF public
sgenrs and by repeal ample, and more prompt and
effective than illegal violence. These constitutional
means must be scrupuloasy guardsd,h. great prero
L. is the undoubted right Of the peace.ble and orderly
people of the Territory Of Kansas elec their gs
latfve body make their laws and regulate their
social inst ufons without foreign or domestic molesa
tion. Interference the hand TO procure the oo
tcn prohibition of slave labor In the Territory, has
produced mischevous interference the other for its
maintenance or introduction. One wrong begets
ther Statements entirely unfounded grossly exag
seduiousy dured through remote states TO ieel the
fame of sectional animority there; and the sg Ators
there exert themselves ,nde.gasy in return to snsou
The infsmmatory agitation, Of which the present is
but has for twenty years produced nothing save
the domestic institutions Of the future
would have been mat of little interest to the in
habisants Of the contiguous States personally col
lectivey, to produce among them any political comma
ton. Climate SOFT production hopes Of rapid advance
ment and the pursuit Of happiness the part Of the
settlers Themselves with good wishes bat with inter-
ference from without would have quietly determined the
question which is at this time Of such disturbing char
acter.
But constrained to turn attention to the
circumstances of embarrassment they exist. It
is the duty Of the people of Kansas to dcounensnee
every act purpose Of sance TO it, laws Above ALL
the appeal. to the cssns Of the States and
by intervention of nonresdents in elections, by
unauthorized military force to attempt TO encrosch
upon usurp the authority Of the inhabitants of the
Territory.
No citizen Of country should permit himself TO for
get that part of lis government and entitled to be
heard in the determination Of It's policy and s measures
and thsp therefore, the highest considerations of per-
sonal honor and patriotism require him To maintain BY
whatever of power influence he may possess, the In
tegrity Of the lsws of the republic.
Entertaining these views 1t win be my imperative duty
to the whole power OF the federal Executive TO sup