Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-09-11

comitatus in aiding the civil magistrate to carry the law
into execution.
The condition of the Territory at the time which need
not portray rendered this prcaution absolutely
ry In this state of affairs, would not have been justly
condemned had left the marshal and other officers of
like character mpoent to execute the process and
ments of courts of justice established by Congress- or by
the territorial legislature under its express authority and
thus have suffered the government itself to become an
object of contempt in the eyes of the people? And yet
this is what YOU designate forcing the people OF
Kansas to obey laws not their own, OF the United
States :; and for doing which you have denounced me
as having violated my solemn oath. ask, what else
could have done or ought | to have done Would
you have desired that should abandon the territorial
government sanctioned it had been by Congress- to
illegal violence and thus the scenes of civil
and boOdshed which every patriot In the country had
depOred? This would indeed, have been to violate my
oath of Office and to fix damnng blot the charac
ter of my administration.
most cheerfuy admit that the necessity for sending
military force to Kansas to aid in the execution of the
civil law reflects no credit upon the character of our
country But let the blame fall upon the heads of the
guilty. Whence did this necessity arise? ABORTION of
the peOpe of Kansas unwilling to trust to the balotbOx
tho certain American remedy for the redress of all
to create an independent govern
ment for themselves Had this attempt proved success
full it would of course have subverted the existing gov
ernment, prescribed and recognized by Congress- and
substituted revolutionary government in its stead This
was a usurpation of the character as it would be
for portion of the people Of Connecticut to undertake
to establish separate government within its chartered
limits for the purpose of redresng any grievance real
imaginary, of which they might have complained against
the Legitimate State government Such principle, if
carried into execution would destroy all lawful authority
and produce universal anarchy
ought to specify more particularly condition of at
fairs, which have embraced only in general terms
curing the presence of military force in Kansas. The
Congress of the United States had most wisely declared
it to be the true intent and meaning of this act 1.-THE act
organizing the territory not to egslae slavery into any
Territory State to exclude it thererom, but to
leave the people thereof perfectly free to form and
late their domestic institutions in their way subject
only to the constitution of the United States. AS
natural consequence Congress has also prescribed by the
act that when the Territory of Kansas shall be ad
mitted State it shall be received into the Union,
with without slavery, their constitution may pre-
scribe at the time of their admission.
Slavery existed at that period and still exists in
sas under the constitution of the United States This
point has at last been finally decided by the highest r-
bunal known to laws. How it could have been
seriously doubted is mystery If confederation Of SOW
eregn States acquire Territory at the expense of
their common blood and treasure surely set of the
partners have right to exclude the other from its
enjoyment by prohibiting them from taking into it what
soever is recognised to be property by the common con-
stitution. But when the peopethe bona de residents
of such Territory proceed to frame State constitution
then it is their right to decide the important question
for themselves whether they will continue, modify
bolsh slavery To them, and to them alone does this
question belong, free from all foreign interference
In the opinion of the territorial legislature of Kansas
the time had arrived for entering the Union and they
accordingly passed law to elect delegates for the pur
pose of framing State constitution. This law was
fair and just i'll its provisions. 1t conferred the right of
suffrage every bona de nhabitant of the Territory "
and for the purpose of preventing fraud and the intrusion
of citizens of near or distant States most properly
fined this right to those who had resided therein three
months previous to the election. Here fair OppOrtu-
nifty presented for all the qualified resident citizens
of the Territory to whatever organization they might
have previously belonged to participate in the election
and to express their opinions at the baotbOx the
question of slavery. But numbers of awless men still
continued to resist the regular territorial government
They refused either to be registered to vote and the
members of the convention were elected legally and
properly, without their intervention. The convention
will assemble to perform the solemn duty of franz
ing constitution for themselves and their posterty
and i'll the state of ncpent rebellion which still exists
III Kansas, 1t is Imperative duty to employ the troops
of the United States should this become necessary in
defending the convention against violence whilst framing
the constitution, and in protecting the bOnd fde nhabi-
tans" qualified to vote under the provisions of this in
strument, in the free exercise of the right of suffrage
when it shall be submitted to them for their appreciation
or rejection.
| have entire confidence in Gov. Walker that the
troops will not be employed except to resist actual ag
erosion in the execution of the laws and this not
until the power of the civil magistrate shall prove una
vailing Following the example Of Mr.. Madison 10
wards the Hartford Convention illegal and dangerous
| combinations such as that of the Topeka convention
will not be disturbed, unless they shall attempt to per
form act which will bring them into actual collision
with the constitution and the laws. In that event. they
shall be resisted and put down by the whole power Of
the government In performing this duty shall have
the appreciation of my own conscience and, humby
/ trust, of my God.
thank you for the assurance that you will not re
frain from the prayer that Almighty God will make my
administration an example of Justice and benefcence
GU can greatly assist me in arriving at this blessed
contamination by exertng your influence in allayng thu
existing sectional excitement the subject of slavery
which has been productive of much evil and no good
and which, if it could succeed in attaining its object
would ruin the slave as well as his master This wOuC
be work of genuine philanthropy. Every day of my
life feel how inadequate am to perform the duties
my high station without the continued support of Divine
Providence; yet placing my trust in Him, and in Hin
alone entertain good hope that He will enable me t
do equal justice to all portions of the Union and thu
render an humble instrument in restoring peace anC
harmony among the people of the several States.
Yours very respectfully,
!, JAMES BUCHANAN.
Rev. NATHANIEL w. TAYLOR D. d.
Rev THEODORE u. Woo1sEY, d. D., LII. d.
| Hon. HENRY DUTToN.
Rev. DAVID SMITH, D. D.
Rev. j. HAYES, D. D.. and Others
Bas~ Russells Magazine for September is on on
table. 1t is, usual, neatly printed and presents
valuable table of contents Russes rises more into tn
character of review than most if not than any other
our cis-Atlantc periodicals. and may therefore be lor
acceptable to the scholar while it loses in what is cal