Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-01-29

power to fix the permanent seat of government
At any place in its discretion, of course by the
lame enactment it had the less and the included
oower.to fix it temporarily
Nevertheless, the allegation that the acts of
he Legislative Assembly were illegal by reason
ofthis removal its place of session was brought
orwarl to justify the first great movements in
disregard of law within the Territory. One of
Tie act of the Legislative Assembly provided for
and Delegare was elected under that law
But, subsequently to this, portion Of the pee
pleof the Territory proceeded without authority
Of law to elect another Delegate
Following upon this movement was another
and more important one of the same general
character Persons confessedlly not constitu
ting the body polite, or all the inhabitants and
but merely party ofthe inhabitants, and with
out law, have undertaken to summon conyen-
lion for the purpose of transforming the Terri
tory into State, and have framed aconstitution
adopted it, and under it elected Governor and
other officers and a Representative to Congress.
In extenuation of these Illegal ascts, it is alleg-
ed that the States of California, Michigan, and
others were self-oganizcd, and, as such, were adj
mitted into the Union without previous enab-
ling act of Congress. 1t is true that, while in
n majority OF cases previous act of Congress
has passed to authorize the Territory to present
itSelfasa State, and that thiStis deemed the most
regular course, yet such an act has not been
held to be Indispensable, and, in some cases, the
Territory hasi proceeded without and has never
theless been admitted into the Union as State
1t lies with Congress to authorize beforehand or
to confirm afterwards, in its discretion; but in
no instance has State been admitted upon the
application of persons acting against authorities
duly constituted by actof Congress In every
case it is the people of the Territory, not par
ty among them who have the power to for1nia
constitution and ask for admission rs State
No principle public law, no practice or pre-
cedent under the Constitution of the United
States, no rule ofrcason, right, or common sense
confers any such power as that now claimed by
a mere party in the Territory, In fact, what
has been done is of revolutionary character
1t is = ayowedly so in motive and in aim as re-
spects the local law ofthe Territory. twill be-
come reasonable instruction if it reach the
length of organized resistance by force to the
fundamental or any other federal law and to the
authority of the General Government.
In such an event the path of duty for the Ex-
ecutiye is ploin. The Constitution requiring him
to take care that the laws Of the United States
be faithfully executed, if they be opposed in the
Territory of Kansas he may and should place at
the disposal of the marshal any public force of
the United States which happento be within the
Jurlsdlcuon, 10 De used as a portion OF the posse
c0La't@tH$; ana, Il they 90 NOS Sutice to main
tam order, then lie may cFll torth the militia OF
one or more States for that object or employ for
the same object any part OF the land or naval
force OF the United States. So also If the OBJ
atruction be to the laws of the Territory, and it
be duly presented to him al case of inSurrcc-
ton, he may employ for its suppression the mi
iitia of any State or the land and naval force of
the United States. And if the Territory be in
vadeu oy the cltlzets OF other states, whether
lor the purpose oil deciding elecuons or Tor any
other, ana the local authorities ind themselves
unable to repel orwlthstand 1t, they will be en-
titled to, and npon the TACT being fully ascertain-
eo tHey sA0nlo most certainly receive the ald OF
inc 9, lI 1stli government
put u IS NOT tue ,luty oil the PRESIDENT OF the
ohlteo suites 10 volunteer tefposlIon by force
to preserve the purity OF elections either IN a
esate OF territory 10 40 SO would bs su6serslve
Oh puOnc Heeeom: and whether law be wise
or unW!se, Just OF unjust, Is not question for
MN 10 JuuSe. IL ~ oe ,cohstltutlonal-that Is,
II 1t ne theZ Jaw oil the iaha-N IS MS duty to
cause II 10 DC executed or 10 sustain the author
tiles OF any STATE OF Territory In executing 1t In
oPPosluon 20 All lnsurrectlonary movements.
tionary acts; ior tie constitutional means Of re-
lieving the people of unjust administration and
laws, by a change OF public agents and by re-
peal, and are more prompt and effective than IL
legal violence. These constitutional means must
be scrupulouSIy guarded this great preroeatiye of
popular sovereignty sacredly respected.
1t is the undoubted right of the peaceablc
and orderly people of the Territory of Kansas
to elect their own Legislative body, make their
own laws, and regulate their own social institu-
tons, without foreign or domestic nolestation.-
on the one hand, to procure the
abolition or prohibition of slave labor in the
Territory has produced mischievous interior
ence, on the other, for its maintenance or intro
duction. One wrong becets another. state
ments entirely unfounde,l, or grossly exae,,,era-
ted, concerning events within the Tcrritorya are
diftused through remote states to
feed the flame Of sectional animosity there. and
the agitators there exert themselves indcfatioa-
bly,. in return to encourage and stimulate strifc
within the Territory.
The intlamInatorya agitation. ofwhicb the pres-
ent is but a part has for twenty wears .nr1dnc-
ed nothing save unmitigated evil North and
South. But for it the character of The domestic
institutions of the future new Statc ,yonId have
been matter of too little interest to the inbab.
itants Of the contiins States ersonsIl, ~
lectively to produce among them any no1;,ieaI
emotion Climate soil Production bonos ~
ranifi advancement and the n,,s;+ Df ha,,I;,,o,.