The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1857-09-04

4 haa
.,..s letter from number Of Northern d.
-. ,nc,udine Prof siiliman, N. w. Taylor. b.
| sm,,.,,n (a.. ives. Jas Brewster, @. L. Engsish
- n,h.rs demonstrating with him on his mode
oT .xsrci,,ue his power in Kansas and that ne naa
s.,,,.d 40 n The Union OF yesterday contains
h,,,h Ie,ters The following 10 that OF the North-
| ern professors:
10 "'' p.runsyr OF the UNITED STATES.
| r,,,.r.,gned. citizens Of the United States,
1 tns IA the State Of Connecticut, respect
sIiy afysr 70 your Exccliency tina their memorial
Tho fundamental principle oil tne constitution
Of the United states snd OF our political lnsuta-
tious IT, that the people shall make their own laws
| and elect their own rulers
tbs, Gov Walker, of Kansas openly represents and
prociams that the President OF the Cnited states
| Il employing through him an army, one purpose
If which Is to force the people Of Kansas to obey
| laws not their own nor Of the United States, but
laws which IL is notorious, and established upon
| evidence, they never made, and rulers they never
elected.
We represent, therefore, that by the forego-
ing your excellency 10 openly held up and
proclaimed to the great derogation OF our national
character violating in Its most essential parsc
ular the solemn oath which the President has sta
ken to support the constitution Of this Union.
We cali attention further TO the fact that your
excellency il, in like manner, held up to this ma
tiou to all mankind, and to all posterty, in the
attitude OF "ieuying ,oar against q portion of the
United Sdtes" by employing arms in Kansas to up
| hold body ofmen, and code Of enactments pur-'
porting to he legislative but which never had the
election, sanction, nor consent, oil the people
| OF the Territory.
| We earnestly represent to your excellency that
we also have taken the oath to obey the constitu-
| tion and your ercellency may be assured that We
| shall not refrain from the prayer that ALMIGHTY
| Cop will make your administration an example OF
justice and benehcsnce, and with His terrible ma
! jesty protect our people and oar constitution.
The following is tho Presidents reply to this
| epistle:
WASHINGTON CRY, August Is, 1857.
GENTLEMEN: On my recent return to this city, az
ter a fortnight's absence, your memorial, without
date, was placed in my hands, through the agency
Of Mr. Horatio King, of the Post Office Department,
| to whom il had been entrusted. FROM the distln-
guished source whence 1t proceeds, as well rs Its
| peculiar character, l have deemed 1t proper
to depart from my general rule in such cases, and
| to give 1t an answer.
| You Arst assert that "the fundamental principle
of the Constitution of tho United States and of
political institutions is, that the people shall make
| their own laws and elect their own rulers" You
then express your grief and astonshment that
should have violated this principle, and, through
| Gov. Walker, have employed an army, lone pur-
pose of which is 10 force the people Of Kansas to
obey Id,cS not their otcn nor Of the United States but
laws which it Is notorious, and established upon
| evidence, they never made, aud rulers they never
elected" And rs a corollary from the foregoing,
| you represent that am s'openly held up and pro-
claimed, to the great derogation Of our national
character violating in its most essential partic.
uiar the solemn cath which the President has taken
| TO support the Constitution Of this Unton."
These are heavy charges proceeding from gentle
men Of your high character, and, if well founded,
| ought TO consign my name to infamy But IN pro-
portion to their gravity common justice, to say no
thing of Christian charity, required that before
making them you should have clearly ascertaned
that they were well founded. If not, they will re-
bound with whitening condemnation upon their au-
thors Have you performed this preliminary duty
towards the man who, however unworthy, is the
Chief Magistrate of your country! Ii so, either
you or / are laborng under strange deluson.-
should this prove to he your case, 1t Will present
memorable example Of the truth that political pre-
JUDGE is blind even the existence Of the plainest
and most palpable historical facts. To these facts
| let us refer.
When / entered upon the duties of the Presiden-
tal office, on the 4th of March last, what was the
condition of Kansas This Territory had been
: ganized under the act of Congress Of 3tth May
1854 and the government in all its ranches was i'll
full operation. governor, secretary OF the Terri
tory, chief justice, two associate justices, marshal
and district attorney had been appointed by my
predecessor, by and with the advice and consent OF
J. the Senate, and all engaged in discharsn2
q their respective duties. code of laws had been
enacted by the territorial legislature and the judi
ciary employed in expoundng and carrying
these laws into effect.
1t is quite true that controversy had previousl
u arisen respecting the validity of the election OF
h laws passed by them; but at the time | entered
), upon my official duties, Congress had recognized
this Legislature in different forms and by different
enactments. The delegate elected to the House OF
q Representatives. under q territorial law had just
completed his term of service the day previous
(: to my inauguration. In fact, found the govern
:. ment of Kansas we'll established as that Of any
y other Territory. Under these circumstances, what
&c was my duty! Was it not to sustain this govern
ment? to protect it from the violence of lawess
men, who were determined either to rule or ruin :
to prevent it from being overturned by force lin
5. the language of the Constitution, TO take care
q that the laws be faithfully executed" 1t for
"a this purpose, and this alone that ordered milf
tary force to Kansas, to act as posse comttdttS in
aiding the civil magistrate to carry the laws into
| execution.
The condition of the Territory at the time, which
G need not portray, rendered this precauton abso.
lutely necessary. In this state Of affairs, would
> not have been justly condemned had left the
marshal and other officers of a like character i'm
potent to execute the process and judgments Of
l. courts of justice established by Congress- by the
t territorial legislature under its express AUTHORITY
# and thus have suffered the government itself to be-
come an object Of contempt in the eyes of the peo
pie! And yet this is what you designate as for
cling 1.-THE people of Kansas to obey laws not their
own nor of the United States and for doing which
: you have denounced me as having violated my ST.
lemn oath. ask, what else could have done or
d ought to have done! Would you have desired
that should abandon the territorial government,
sanctioned as it had been by Congress, to illegal
|
and bloodshed which every patriot in the country
had deploredl This would, indeed, have been to
violate my oath of office. and to fix damning blot
on the character of my administration.
l most cheerfully admit that the necessity for
sending a military force to Kansas to aid ip the
execution of the civil law reflects no credit upon
the character of our country. But let the bam-
fall upon the heads Of the guilty. Whence did
this necessity arisef portion of the people of
Kansas, unwilling to trust to the ballot-box-
the certain American remedy for the redress of all
Igrievances-undertook to create an independent
government for themselves. Had this attempt
proved successful, il would, of course, have sub
verified the existing government, prescribed and
| cognised by Congress, and substituted revolu-
| tionary government in its stead This was usnr-
patton of the same character as 1t would be for y
portion Of the people of Connecticut to undertake
to establish separate government within its char
tered limits for the purpose of redressing any
grievance, real or imaginary, of which they might
have complained against the legitimate State gov
| eminent. Such principle, If carried into execu-
ton, would destroy all lawful authority and pro-
duce universal anarchy
/ ought 10 specify moro particularly condition
OF affairs, which have embraced only in general
terms, requiring the presence Of a military force
In Kansas. The Congress Of the United States had
most wisely declared il to he the true intent and
meaning of this act the act organizing the terrific
ry) not to iegslate slavery into any Territory or
State, to exclude IL thcrefrom but to leave the
people thereof perfectly free to form and regulate
their domestic institutions in their own way, snb
Ject ohs 10 tie constitution OF the united states.
AS natural consequence, Congress has also pre-
scribed by the Hamc net that when the Territory OF
Kansas shalt be admitted as State, 1t ''shall be
received into the Union, with without slavery
as their constitution may prescribe at the time of
their admission"
Slavery existed at that period, and still exists In
Kansas, under the constitution Of the United
States This point has at last been finally decided
by the highest tribunal known to our laws. How
1t could ever have been seriously doubted Is mys
terry 1fa confederation of sovereign States acquire
a new Territory at the expense Of their common
blood and treasure, surely set of the partners
can have no right to exclude the other from its
enjoyment by prohibiting them from taking into