Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1856-05-29
Kansas Affairs.
To The Editor ofthe Freemun:

SIR The Editor of the Patriot says:
| at becomes the imperative duty of the Gov
eminent at Washington to overcome the revolu-
tionary party, to subdue and bring to speedy
punishment those who declare, as Reeder anu
| Robinson, themselves outlaws. No man, there
fore, can see the end of this foolish yet serious
ARRAY. If Coz. Shannons government as re-
SISTED, treason is consumated, and tcho shalt say
The traitors should not be hung"
|. If the above was an expression of tho scntl
ments of but single editor, relative to the cit
liens of Kansas, might feel inclined to let it
pass, as unworthy of notice; but, as it is the
echo of the sentiments of President Pierce, Mr..
Douglas and other prominent men, it assumes
an Importance deserving II careful examination
1t is insisted by the Free State men of Kan
sas, that their late Territorial Legislature, or a
majority thereof, WIS elected by the citizens Of
Missouri; who forcibly took possession of the
ballot boxes, on the day Of election, and there
fore that the acts passed by said Legislature are
void. On the other hand, it is claimed by the
President, Douglas and Others that the repre-
sentatives having received regular certificates
from Gov. Reeder, the law does not permit us
to go behind those certificates for the purpose
Of DISCRIMINATING the validity and binding force
of the acts, passed by said legislature and there
fore that the citizens of Kansas are bound to
yield obedience to those acts, MS laws, until they
shall be abrogated by Congress, Or future ter
ritorial legislature. and that any opposition to
the execution Of those acts, as laws, is treason
able.
1t therefore becomes important to determine,
which is right, or in other words, what is the
law Of the case. 1t will not be denied by any
one, that the act of Congress, providing for the
election Of territorial legislature, and prescrib-
ing the requisite qualifications Of the voters. is
of budding lorce, us law, and that it cannot be
cvaded by force Or fraud. l may safely affirm,
that this is rule, universally recognized among
all civilized nations Fraud includes all acts,
omissions, or concealments, which involve
breach of legal or equitable duty" LIST Story's
Equity Jurisprudence, sections, 1856 and lo7.
g 1t is an extrinsic act, which vitates the most
solemn proceedings Lord Coke says, 4" it Wit
iatrs all judicial acts, whether ecclesiastical or
temporal 18th Coke's Reports, rs. In the
case WilliAm King, reported in the ID Of
Whcaton's Reports, l4S, the Supreme Court of
the United States decided that &c whatever is
done in fraud of law, is done in violation oil
it," In the case Boyces Executors against
Grundey, reported in the Sd of Peters Reports
p 900, the same court say, that " the law 4,
= which abhors fraud, does not incline to permit
it to purchase indulgence, dispensation, or alb
gainst the Amisted, reported in the 18th of
Peters Reports, p. $40, the same court say
that fraud will vitiate any, even the most
: solemn transactions" The strong language Of
Z Lord Coke is often quoted in the courts in the
United States and in England with appreciation,
that d" fraud is like two edged sword, making
e void every thing which comes in its way
This doctrine is founded in the nature and fit
= ness of things, and every intelligent man must
f yield an unqualified assent to it. But it is said
that Gov. Reeder sanctioned the doings of the
: Missourians, in all the forms of law. The
d same argument, in principle, was used in the
! case OF the United States against the Amisted,
g but have shown how it was received by the
G highest judicial tribunal in the land. Ii the
acts of tho legislature Of Kansas are binding, as
e law, then the act of Congress is rendered nuga
Y tory, by force and fraud. The act of Congress,
so to speak, is the Constitution of the territori
q al government Of Kansas, and prescribes the
qualification Of the electors and legislature
n elected in the manner, alleged by the free state
:. men, have no more authority to make laws
than the legislature of Vermont have, to make
b alaw, conflicting with tho constitution of THU
T. state. Should the citizens of New York, o.
If Canada come into this state in sufficient force
IF on the first Tuesday of September next, ant
to take forcible possession of the ballot boxes il
~ each town and elect state and county officers
,s and members of the legislature, will any on
IL pretend, that if, by force or fraud they shoul
,o obtain certificates of election from tho tow
an clerks that no enquiry could be made back @
~ those certificates, that the persons, SO elected
Of would constitute legal executive, Legislative an
nd Judicial officers that-the legislature, SO electe
"a. could make law, that would be binding o
ut the citizens of this state and that we shout
~ be legally liable TO be hung as traitors to til
IN government of the Unitel States, for resistin
a the execution of such a law, and applying ih
n beech seal to the officers, who should attempt
ilv execute it And would the President be bount
by law, to take sides with the usurpers, and Il
to- army at the call of an executive, thus electct
ms to shoot down our citizens for 80 doing and @
err. 1T blind And where is the difference betwee
mt thetwo cases 1t is true, that Gov Shanno
On, was appointed by the President, but if the nc
,rv OF such Legislature would not attain the for,
- of law, they would not justify the govern,
,bt in attempting to execute them Would it n,
nh rather be the duty of the President to send a
We army, it necessary, to keep the public peac
"a cause an investigation to be made, through I'll
tho medium of Congress or otherwise, and resto
the government to the rightful sovereigus, I'll
people of the state or territory, and prote
Wv them, il necessary, with the whole military for
''V OF the United States, in the enjoyment of the
rights.
avn need not enquire what General Jacksc
md would have done or said, had case of the kir
ew occurred during his administration. No dou
ct; he would have cited high authority, and act,
o VI accordingly.
the The editorof the Patriot seems to think thu