The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1857-09-17

VI o"' u"soh0t cu"IocteT, as vlOlattng In It's
most essential particulars the solemn oath
which the President has taken to support
the constitution Of this Union.
These are heavy charges proceeding from
gentlemen Of your high character, and, if
well founded, ought 10 consign my name to
infany. But in proportion to their gravity,
common justice, to say nothing of Chris
tian charity, required that before making
them you should have clearly ascertained
that they were we'll founded. II not, thew
will rebound with whitening condemnation
upon their authors. Have you performed
this preliminary duty towards the man who,
however unworthy, is the Chief Magistrate
Of your countryi lfso, either you or are
laboring under strange delusion. Should
this prove to be your case, it will present
memorable example Of the truth that poIiti.
cal prejudice is blind even to the existence
Of the plainest and most palpabIe historical
facts. To these facts let us refer.
When entered upon the duties of ;;ine
residential Office, on the 4th of March last.
what was the condition of Kansasl This
Territory had been organized under the act
OF Congress Of 3oth May, 1854, and the
government in all its branches was in full
operation. A governor, secretary Of the
Territory, chief justice, two associate justi.
ces. marshal, and district attorney had
been appointed by my predecessor, 10y and
with the advice and consent Of the Senate,
and were all engaged in discharging their
respective duties. A code of laws had been
enacted by the territorial Legislature; and
the judiciary were employed in expounding
and carrying these laws into effect. 1t is
quite true that controversy had previous.
ly arisen respecting the validity Of the cleo.
tion Of members Of the territorial legislature
and Of the laws passed by them; but at the
time entered upon my official duties Con.
gress had recognised this Legislature in diff.
ferent forms aud by different enactments.
The delegate elected to the House of Rep
resentatives, under territorial law, had
just completed his term Of service Oh the
day previous to my Inauguration In fact,
found the government OF Kansas as we'll
established as that of any other Territory.
Under these circumstances, what was my
duty. Was II not 10 sustain this govern.
menu to protect it from the violence of
lawless men, who were determined either
10 rule or ruinl TO prevent it from being
over urned by forcel in the language OF the
constitution, TO take care that the laws be
faithfully executed" II was for this pur.
pose, and this alone, that ordered mill.
tary force TO Kansas, to act rs posse conf.
tatus in aiding the civil magistrate 10 carry
the laws into execution.
The condition os the Territory at the time,
which | need not portray, rendered this pre-.
caution absolutely necessary. In this state
of affairs, would not have been justly con-
deinned had lett the marshal and other
officers Of like character impotent to exc
cute the process and judgment of courts of
justice established by Congress, or by the
territorial Legislature under its express au.
thority. and thus have suffered the govern
ment itself 20 become an object Of contempt
III the eyes Of the peoplel And yet this is
what you designate as fotcing 'the people
OF Kansas 10 obey laws not their own, nor
of the United States" and for doing which
you have denounced me Ms having violated
my solemn oath. ask, what else could
have done, or ought have done? Would
you have desired thai should abandon the
territorial government, sanctioned as it had
been by Congress, to illegal violence, and
thus renew the scenes of civil war and blood.
shed which every patriot in the country had
deplored' This would. indeed, have been TO
violate my oath Of office, and to ix damn.
ing blot on the character of my administra-
ton.
| most cheerfully admit that the necessi
ty for sending a 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 arisei
A portion Of the people Of Kansas, unwil-
ling 10 trust the ballot box-the certain
American remedy for the redress Of all griev.
ances-undertook To create an Independent,
government for themselves. Had this at
tempt proved successful, il would, of course.
have subverted the existing government,
prescribed and recognised BY Congress, and
substituted revolutionary government in
IT'S stead. This was a usurpation of the
same character rs it would be for "A portion
OF the people of Connecticut to undertake TO
establish separate government within its
chartered limits for the purpose Of redress.
ing any grievance, real or imaginary, OF
which they might have complained against
the Legitimate State government. Such a
principle, If carried into execution, would
destroy all lawful authority and produce
universal anarchy.
| ought to specify more particularly
condition Of affairs, which have embraced
only in general terms, requiring the presence
OF military force in Kansas. The Con.
press Of the United States had ,n,,st ,y;saI,,
declared it to be 1.-The true intent and mean
ing of this act Qhs act organizing the Ter.
ritory) not to legislate slavery into any Ter.
ri,ory or State, nor TO exclude il the efrom,
but to leave the people thereof perfectly free
TO form and regulate their domestic nstitu-
tons in their own way, subject only to the
constitution Of the United States" As
natural consequence, Congress has also pre-.
scubed by the same act that when the Ter.
ritOfy of Kansas shall ha Admiral "a