The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-09-10
NO. 558.
MILITARY RULE IN KANSAS.
President Buchanan's Reply to Professor Sill
man and Others

MILITARY RULE IN KANSAS.
President Buchanan's Reply to Professor Sill
man and Others.
The Letter to the President
The following is the memorial of Professor
Siiman and fcrty-two others, of Connecticut.
s3dressed to his Excellency James Buchanan.
the President of the United States:
The undersigned, citizens of the United
safes, and electors of the State of Connecticut.
respectfully offer to your Excellency this their
memorial. The fundamental principle of the
Constitution of the United States, and of our
psii,ical institutions, is, that the people shall
make their own laws and elect their own rulers.
We see with grief If not with astonishment.
list Gov. Walker, of Kansas, openly represents
s-d proclams that the President of the United
S4tes is employing through him (Walker) an
a,ay, ore purpose of which is to force the peo-
ps Of Kansas to obey laws not their own nor
q the United States, but laws which it ia noto
r;yus and established upon evidence they never
made, and rulers they never elected. We rep.
resent, therefore, that by the foregoing your
Exoelleney is openly held up and proclaimed.
ter as violating, in its most essential particular
me solemn oath which the President has taken
70 support the Constitution of this Union. We
esl attention, further, to the fact, that YOUR
Izceency is in like manner held up to this
,.tion, to all mankind, and to all posterity, in
the attitude of 'levying war against q portion
Of the United States, by employing arms in
Kansas to uphold body of men and a code &C
sDac meuts purporting to be legislative, but
which never had the election nor sanction. nor
consent, of the people of the Territory. We
earnestly represent TO your Excellency, that we
slso have taken the oath to obey the Constitu.
toe, AID your Excellency may rest assured
TIA. we shall not refrain from the prayer that
Almighty God will make your ad ADMINISTRATION
anexample of justice ard benefcence, and with
lis terrible majesty protect our people and
our Constitution"
The Presidents Reply.
WASHINGTON CITY, august Is, 1857.
GENTLEMEN: On my recent return to this
cig. after fortnights absence, your memorial
without date was placed in my hands, through
the agency of DIR. Horatio King, of the Post Of
fee D .partment, to whom it had been intrust.
ed. From the distinguished source whence it
proceeds, as well as its peculiar character,
have deemed it proper to depart from my gen.
eral rule in such cases, and to give it an an.
swer.
You FIRST assert that the fundamental
principle Of the Constitution of the United
States. and of our political institutions, is that
tie people shall make their own laws and elect
their own rulers You then express your
grief and establishment that / should have vio-
lated this principle, and through Gov. Walker
have employed an army, one purpose of which
is 10 force the people of Kansas to obey laws
not their own, nor of the United States, but
AVS which it is notorious and established
upon evidence they never made, and rulers they
never elected. Ard as a corollary from the
foregoing, you represent that / am openly
held Up and proclaimed, to the great deroga-
ion o! our national character, as violating, in
It's most essential particular, the solemn oath
Which The President has taken to support the
Consultation of this Union
Ihe'e are heavy charges, proceeding from
gentlemen Of your high character, and, if well
OulGei, ought to consign my name to infamy.
8u. IL proportion to their gravity, common JUS
ice, 10 say nothing of Christian charity, req uir-
ID iha. before making them you should have
clearly ascertsined that they we're well founded.
# moi, they will rebound, with whitening con-
iemna'lon, upon their authors. Have you per-
orioed thus preliminary duty towards the man
who, however unworthy, is the Chief Magistrate
81 yolr country? If so, either you or 1 are
a5Orng under strange delusion. Should this
prove 10 be your case, it will present a memo |
rAble example of the truth, that political pre- |
.ldice IS blind even to the existence of the |
Pa.aest and most palpable historical facts. To |
these facts let US refer.
When | entered upon the duties of the Pres |
dental office, on the 4th of March last, what |
Sas the condition of Kansas? This Territory
sd been organized under the act of Congress
- Il ~
| 5 branches was in full operation. A Governor,
Secretary Of the Territory, Chief Justice, two
Associate Justices, Marrhal, and District At
orney hsd been appointed by my predecessor,
y aid With the advice and consent of the
Senate, and we're all engaged in dischsrging
AeirregPective duties. A code of laws had been
enacted By the Territorial Legislature and the
Judiciary were employed in expounding and
arTying these laws into effect.
IL Is quite true that a controversy had previ-
lusly arisen respecting the validity of the cleo
ton Of members of the Territorial Legislature,
and Of the laws passed by them but at the
ame entered upon my official duties, Congress
Lad recognised this Legislature in different
0'ms aud by different enactments. The Dele
cate elected to the House of Representatives,
lnder Territorial law, had just completed his
erm OF service on the day previous to my in
a1guration. In fact, found the Government
q Kansas as well established as that of any
other Territory. Under these circumstances,
sha' was my duty? Was it not to sustain the
government ?-to protect it from the violence
o. lawiess men who were determined either to
rule or ruin to prevent it from being over.
urned by force I'm the language of the Con-
,l,tuhon, to take care that the laws be faith
iuliy executed?
TWAS for this purpose, and this alone, that
/ ordered military force to Kansas, to act as
posse comitGtus in aiding the civil magistrate
10 CARY the laws into execution. The condi.
noh ci The Territory at the time, which / need
mol portray, rendered this precaution absolute
necessary In this state of affairs, would
,o' nave been justly condemned, had l left the
MARSHAL and other officers of like character
npo'ent to execute the process and judgments
courts OF justice established by Congress or
y Ihe Territorial Legislature, under it's ex-
'eSs authority, and thus have suffered the
rovernment itself to become an object of con-
empt IN the eyes of the people? And yet this
what you designate as forcing the people
.. haasas to obey laws not their own nor of the
ni'td States" and for doing which you have
aeLonnced me as having violated my solemn
os'n' ask, what else could have done, or
ought to have done? Would you have desir-
eu mat should abandon the Territorial Gov.
erhment, sanctioned as it had been by Con-
sress, TO Illegal violence. and thus renew the
'oeNes Vi civil war and b,oodshed which every
pn.riS' IN the country had deplored? This
81 lnueeu nave been to violate my oath of
70