Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-02-07


reasonable to suppose that by the terms of
the organic act Congress intended TO do inn /
pliedly what it has not done expressly-that !
is, TO forbid TO the Legislative Assembly the |
power TO choose any place it might see fit as
the temporary seat Of its deliberations. That
is proved by the language Of one Of the sub /
sequent acts Of Congress on tho subject, that 1
Of March 3, 1855, which, in making appro- |
priation for public buildings of the Territory, (
enacts that the same shall not be expended /
until the Legislature of said Territory shall I
have fixed by law the permanent seat of go /
vernment" Congress, in these expressions
does not profess TO be granting the power 10 |
fix the permanent seat of Government, but |
recognizes the power as one already granted. 4
But how? Undoubtedly by the comprehen- |
sive provision of the organic act ITSELF which 1
declares that "thc legislative power Of the |
Territory shall extend TO all rightful subjects |
of legislation consistent with the Constitu- 4
tion OF the Unisod States and tl,erI,EesisiaIlsl
of this.act" If, in view Of this act, the Le-
gislative Assembly had the large power to fix
the permanent seat of Government at any
place in its discretion, of course by the same
enactment it had the less and the included
power to fix it temporarily.
Nevertheless, the allegation that the acts |
Of the Legislative Assembly were illegal by !
reason of this removal of its place of session |
was brought forward TO justify the first great
movement in disregard of law within the
Territory. One of the acts Of tho Legislative
Assembly provided for the election of a del
cgate to the present Congress, and delegate
was elected under that law. But subsequent
ly to this, portion of the people of the Ter
ritory proceeded, without authority of law, TO
elect another delegate.
Following upon this movement was ano-
ther and more important one of the same
general character. Persons confessedly not
constituting the body polite, or all the in
habitants, but merely party of the inhabi- |
tants, and without law, have undertaken TO
summon convention for the purpose of
transforming the Territory into State, and
have framed Constitution, adopted it and
under it elected Governor and other Off. |
GERS and Representatives TO Congress.
In extcnuation of these illegal acts, il is
alleged that the States of California, Michi-
gan, and others, were self-organized, and as
such were admitted into the Union without
a previous enabling act of Congress. 1t is
true that. while in a majority of cases pre-
vious act of Congress has been passed to au-
thorize the Territory 10 present itself as
lar course, yet such an act has not been held
to be indispensable, and in some cases the
Territory has proceeded without it, and has
nevertheless been admitted into the Union
as State. 1t lies with Congress 10 authorize
beforehand, or to confirm afterward in its dis
crction but in no instance has a State been
admitted upon the application of persons act
ing against authorities duly constituted by
act of Congress. In every case 1t Is the peo-
pie of the Territory, not party among them,
who have the power to form constitution
and ask for admission rs State. No prlncl-
pie Of public law, no practice or precedent
under the Constitution Of the United States
no rule of reason, right, or common sense
confers any such power as that now claimed
by mere party in the Territory In fact,
what has been done is of revolutionary char
acter 1t is avowedly SO in motive and m aim
rs respects the local law of the Territory. Ii
will become reasonable insurrection IL II
reach the length Of organized resistance by
force TO the fundamental or any other fede-
raj law, and TO the authority of the General
| Government
In such an event the path of duty for the
/ Executive is plain. The Constitution reqnir-
inc him to take care that the laws Of the Uni
ted States be faithfully executed, il they be
opposed in the Territory Of Kansas he may
and should place at the disposal of the Mar
shal any public force Of the United States
which should be within the jurisdiction, TO
be used as a portion Of the posse oomit0tas:
and, f that do not suffice TO maintain order,
then he may call forth the militia Of one or
more States for thatobjeet, or employ for the
same object any part of the land or naval
force of the United States. SO also if the
obstruction be TO the laws of the Territory,
and it be duly presented to him as a case OF
insurrection, he may employ for its suppress
sion the militia OF any State or the land OF
naval force ef the United States Ard il tb'
Territory he invaded by the citizens of othel
' States, whether for the purpose OF decidin:
'~ns or for any other, and the local an
themselves unable TO rcpel o
electlY- -sill be entitled to, an'
thorltles finu asesriained, the.
Withstand it, they =. lid Of th
upon the fact being fully
shall most certainly receive the ~
General Government
But it is not the duty of the President Of
the United States 10 volunteer interposition
by force TO preserve the purity Of elections
either in State or Territory. TO do so would
be subversive of Public Freedom And
whether law be wise or unwisc, just or un-
just, is not question for him to Judge. IfI
it be constitutional-tha is if it be the law
OF the land-it is his duty 10 cause it to be |
executed, or TO sustain the authorities of any
State or Territory in executing it in opposi- |
ton to all inSurrcctionary movements.
Our system affords no justification on rev.
olutionary acts; for the constitutional means
oil relieving people Of unjust administration
and laws, by change of public agents and /
by repeal, ample, and moro prompt and ef- 1
icctiyc than illegal violence. These conSti- !
tutlonal means must be scrupulousy guarded
tins great prorogative of popular sovereign /
ity sacredly respected.
Ii is the undoubted right of the peacable /
and ordealy citizens of the Territory OF Kan /
sas TO elect their owu Legislative BODY. make
their own laws and regulate their own social /
institutions, without foreign or domestic mo- |
lestation. Interference, on the one hand. 20
procure the abolition prohibition of slave |
labor in the Territory, has produced mischiey-
Gus interference, on the other, for its main
taenance or introduction. One wrong begets
another. Statements entirely unfounded or
grossly exaggerated, concerning events with
in the Territory, are scdulousy diifuscd
through the remote States, to feed the flame
OF sectional animosity there; and tho agita-
tors there exert themselves indefatgably in
return to encourage and stimulate strife with
in the Territory.
The infammatory agitation, Of which the
present is but part, has for twenty years
produced nothing save agitated evil, North |
and South. But for it the character of the
domestic institutions of the future State
would have been a matter of too little interest
to the inhabitants Of the contiguous States,
personal or collectively, to produce among
them any political emotion. Climate, soil,
production, hopes ofrapid Advancement, and
the pnrsuit of happiness on the part of set
tiers themselves, with good wishes but with
no interference from without, would have
quietly determined the question which is at
this time Of such disturbing character.
But We are constrained IN tnrn our otten