Mountain Democrat., 1857-10-10


tO support the Constitution of this Union"
These are heavy charges proceeding from
gentlemen of your high character, and if
well founded ought to consign my name
to infamy. But in proportion to their
gravity, common justice, to say nothing
of Christian charity, required that before
making them, you should have clearly
ascertaincd that they were wellfounded.
lfnOt, they will rebound with withcr-
ing condemnation upon their authors
Have you performed this preliminary duty
towards the man who, however unworthy,
is the Chief Magistrate of your country :?
If so, either you or arc laboring undera
strange dclusion.- -Shonld this prove to be
your case, it will present memorable cx-
ample of the truth that political prejudice
is blind even to the existence of the plain
est and most palpable historical facts
TO these facts let us refer. When en-
tered upon the duties of the Presidential
office on the 4th of March last, what was
the condition of Kansas?
This Territory had been organized I'M
der the act of Congress of the Goth of
May, 1854, and the government in all its
branches was in full operation. A Gov
ernor, Secretary of the Territory, Chief
Justice, two Associate Justices, n Mar
shal and District Attorney, had been ap-
pointed by my predecessor, by and with
the advice and consent of the Senate, and
were all engaged in diScharging their re-
Spcctivc duties. A code of laws had been
enacted by the Territorial Legislature,
and the judiciary We're employed in cx-
pounding and carrying these laws into
effect.
1t is quite true that n controversy had
previously arisen respecting the validity
of the election of the members of the Ter
ritorial Legislature, and of the laws pass
cd by them, but at the time | entered
upon my official duties, Congress had re-
cognizcd this Lcgislaturei different forms
and by different cnactmcnts. The dele
gate elected to the House Of Representa-
tivcs undcra Territorial law had Just COM
| plcted his term Of service on the dav pre-
vious to my inauguration. In fact found
the government Of Kansas as well estab-
liShcd as that Of any other Territory
| Under these circumstances, what was my
| duty? Was it not to sustain this govern
mcnt? TO protect it from the violence of
lawless men, who were determined either
to rule or ruin? To prevent it from be-
ing overturned by force? In the language
Of the Constitution, to "takc care that the
laws be faithfully executed" 1t was for
this purpose, and for this alone, that or
dcrcd military force to Kansas, to act as
a posse c0AitdtAs in aiding the civil mag
istratc to carry the laws into execution.
The condition of the Territory at the time,
which need not portray, rendered this
prccauion absolutely necessary. In this
state of affairs would not have been lust
ly condemned had I left the Marshal, and
other officers of a like character, impotcnt
to execute the process and judgments of
the Courts of Justice, established by Con-
grcss, 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 desig-
nate as forcing "the people of Kansas to
obey the laws, not their own nor 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 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 in
deed have been to violate my oath of
office, and to fix damning blot on the
character of my administration.
| ImOst chccrfully admit that the neces-
sity for sending military force to Kansas
to aid in the execution of the civil law,
reflects no credit upon the character of
our count. Y. But let the blame fall upon
the heads of the guilty. Whence did the
this necessity arise? A portion of the
people Of Kansas, unwilling to trust to the
ballot-box, the certain American remedy
for redress Of all grievances, undertook to
create an independent government for
themselves.
Had this attempt proved successful, it
would of course have subvcrted the exist
ing government prescribed and recognized
by Congress, and substituted arevolution-
ary government in its stead. This was
an usurpation of the same character as it
would be for q portion of the people of
| Connecticut to undertake to establish a
seperatc government within its chartered
limits, for the purpose of redreSsing 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 q
condition of affairs which have embraced
only in general terms, requiring the pres
ence 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 (thc act organizing
the Territory not to lcgislatc slavery into
any Territory or State, nor to exclude it
therelrom, but to leave the people thereof
perfectly free to form and regulate their
domestic institutions in their own way,
subject only to the Constitution of the
United States" AS a natural consequence,
Congress has glso prescribed by the same
act that when the Territory of Kansas
shall be admitted as a state, it "shall be
received into the Union with or without
slavery, as their constitution may pre-
scribe 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 settled by the highest tri-
bunal known to our laws. How it could