The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-09-17
The Question Of the Taxes.

Correspondence Ofthe Missouri Democrat.
LAWRENCE, aug. "a, 1857.
The correspondence subjoined has been sub
United for publication by the representative OF
Anderson county, whose name is attached to
the letter to the Governor:
M. Arny 10 Governor Walker.
HYATT Town, KANSAS, June 2, 1857.
DEAR SIR: At a meeting of the citizens of
Anderson county, it was unanimously resolved
that the undersigned confer with you in relation
to the payment of the taxes required of the cit
liens Of this county; and / was instructed TO
ascertain the amount to be pad by each per
son, and pay it over to the proper officer; and
l was further directed, on making said payment
of taxes, TO enter the protest of the citizens of
this county against the laws of the Legislature
which imposed said taxes
We have adopted this course in order TO
AVOID any difficulty with the officers appointed
by the General q sverament, and we have en-
Tered INTO county organization, for the pur.
pose of mutual protection and government. in
consequence of failure on the part of the
General Government TO provide any means by
Whic1 We may be protected and also failure
10 take the census Of this county, so that we
could, II we thought proper to do 80, vote in &C
cordGnce With the right guaranteed to us by the
organic act.
The Probate Judge appointed by the Lepis.
laturo is not a citizen of our county, and has
not been forty-eight hours in our county for
some months, and is now absent from the
county; suf We are not able to ind any regis
Try list Of he woes Of the county, or any Pro.
bate Juige before whom we could correct il. If
we desired TO d. so.
Il committee Of our citizens will leave here
the last OF this week, TO visit Lecompton, and
confer with you in regard to this matter =
In the mean time, should you think proper
to c'mmunlcate your views or wishes they viii
be thankfully received and considered; or il
you can make it convenient to visit US, we will
In behalf of the citizens of Anderson county.
respectfully yours, VIZ. NJ. Army.
10 his EroelIency Cor Walker,
Governor Of Kansas Ttrritory
Governor Walker TO Mr. Arny.
LEcoMPToN, X. T. June 6. 1857.
DEAR SIR: have just received your com
municsrion of the ID instant, on behalf Of "a
meeting of the citizens of Anderson county,"
In which you inform me of the intention of the
citizens TO ascertain the amount of their taxes
with a view to the payment Of the same through
you, under protest against the laws of the Leg.
isls'ure which imposed ssid taxes.
There can be no objection to the protest pro.
pos d, and | will exert all the power conferred
upon me by The law to have Your taxes ascer.
tanned in conformity wiih its provisions, so that
you may carry your views into effect
Yours, very respectfully,
r. J. WALKER,
Governor Of Kansas Territory.
w. f. H. Army.
Ar. Army to Gorernor Walker again.
HYATT, KANSAS, Aug 20, 1857.
DEAR Sir: Your letter, dated June 6, post
marked Lecompton, June g. after a Journey of
two months, was received this week.
In accordance with your promise, made to
our committee when they called upon you two
months ago. we have expected to hear from
you In regard 10 the amount of taxes to be paid
by each individual here. and to whom II is to
be paid; so that We could pay it under protest
and then bring suit to have the legality of the
laws tested by the proper tribunal
IL has been sisted by yourself, as well as bv
the Secretary Of he Territory and others, that
the "laws of The Territorial Legislature are
legal, and that Congress has 20 decided. AND
that the Executive az Washington recognises
their legality, and intends to enforce them by
the military power of the Government"
In our examination Of the Constitution ofthe
United States, we fnd that it is the DIT vince of
Congress to enact laws; that the President
aud his Ibinet are to execute laws and that
the Juoiciary IS the only department of the
Government authorized to decide on the con
stitutionality and legality of the laws enacted.
We desire TO make case, and appeal il r.
the Supreme Court of the United States. so a.
TO save the General Government the expense
of a standing army in Kansas; but, from the
fact that you have allowed two months to ex
pre without giving us the opportunity to ap.
peal to the only legal tribunal to decide this
matter, we infer that you have become satisfied
that tie laws are illegal, and hence cannot
stand test before the courts of our country.
That your convictions may be strengthened.
we beg leave t. call your attention to the fol,
10 wing considerations in regard to the laws
which you are endesvoring to enforce upon the
people Of Kansas, by the whole military pow.
er of the Government"
l. 1t is susceptible of the clearest proof. that
the Legislature which enacted those laws was
forced upon the people of Kansas by violence
and fraud.
,. "A Territorial Government created by
Congress cannot exercise power positively pro
hibited to the General Government By the Con
stitutian of the Uaited States" his was Walk
er's own statement, and the Constitution saws
no capiiation or other direct tax shall be leved
bat ia conformity with the enumeration PROV
ded for in the Constitution. "When Kansas
becomes State, with all The attributes Of SOW
eighty coext-nsive with her limits, among
tase there must be the taxing power, which l.
an inherent element Of s ate authority" bu
no authority il vested in Congress by the Con
stituion 10 assess Territorial tax, and ~