Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-10-02

The Territory Of xaasss IL In . peculiar
condition. BY your statement. and posses
Ing - you do. the best means Of inforns-
ton, your views. in the opinion Of the Pres
ident. are entitled to great weight Is in
. state Of incipient rebellion with an organ
lied military force. prepared to resist the
authority Of the L. States.
| II NAV, therefore, become necessary to
use the troops placed at your disposal, not
only to aid as posse comitotss in executing
the laws, but also to suppress an insurrec-
ton Surely under these circumstances. II
the expression Of an opinion in advance Of
his action, and it may be instead Of it,
which the President honestly entertains,
will have direct effort in preventing Q
civil war in Kansas, he cannot be justly cen
sured for attempting, by such an expression
| OF opinion, to avert the calamitous result.
The danger you anticipate. arises. as You
observe, from the apr ehension Of . portion
! Of the citizens Of Kansas, that they will be
excluded from the privileges Of voting. be-
cause they have not paid Territorial tax.
Now, the President, as well IS every mem
Der Of his Cabinet, concurs in opinion with
you that the payment of such tax is not re
| quired as qualification to vote. He and
they entertain not a doubt that the fifth
section Of the act Of February 20. 1851 is
complete in itself and prescrlbes all the
| qualifications Of voter, aud among these
| the payment OF Territorial tax Is not in
cluded They are also firmly convinced.
that no person whatever not possessing
these qualifications prescribed for voters by
! the organic act Of Congress OF Nav 80, 1854,
has any Just claim to the elective franchise.
| II will be observed. than, that in view Of
| the deplorable condition Of Kansas for the
| last three years and the civil war has 50
| long ragged In this Territory, and the immi
nent danger Of @ renewal Of that conflict,
growi. z out of conflicting views as to the
| qualification Of voters at the ensuing cleo
ton, the President and all his cabinet have
thought the occasion sufficiently solemn
and important, to express their full, unanim
Gus and entire concurrence in the views as
| to the qualifications Of electors at the OctO-
| Der election, on those points set forth by me
in this address. and previously communica-
ted by me to the Secretary Of State.
1t never contemplated the use Of the mi
litary force, but in aid Of the execution OF
the laws to protect the citizens in the exer
else of their legal rights as a posse comitatus
to arrest offenders. where the civil authority
might prove Incompetent without such aid,
and where the law authorized military pow
er to suppress in-urrection or rebellion.
Physical force and the bayonet constitute
the real power in nearly all the monarchies
and despotic Governments, but here it Is
the Will of the majority Of the people quail
fled to vote upon the Constitution and under
the law which Is to govern and the sooner
all such questions are decided by full end
fair vote of the qualified electors at the
polls. the better; and then, and not till
then shall We have peace and repose III
Kansas. Unless force is to be substituted
Tor the active franchise. unless despotic and
monarchical principles are making here in
visible progress sooner or later, the ques
ton must thus be decided and the sooner
the better, not only for the interests Of this
Territory, but for the security of the Union
and the cause Of selfgovernment here and
throughout the world.
The test oath is expressly repealed as a
| qualification for voters by an act of the Ter
ritorial Legislature Of the 18th OF February,
1857
The people of Kansas have now, there
fore. an opportunity in conformity with the
Constitution of the United States, the orga-
mic act of Congress. and the laws Of this
Territory, TO decide, by the elective fran
chise, the choice Of their delegate to Con
gress, their Territorial Legislature. and all
their county officers
The troops at my disposal, which are full.
ly competent to the task, will, at the re
quest Of citizens of both parties, be sta.
toned at the points where violence has
been threatened, or anticipated, not for the
purpose of overawing the people. or of in
terfering in any way with the elections, or
influencing them in any respect whatever,
but by their presence, guarding the polls
against any attempt Of instruction and VIC
lence, from the mere knowledge of the fact
that 1t can and will be suppressed, hut, II
necessary also to protect and secure, by
lawful means. all the Just rights Of the cti.
zens in exercising the elective franchise un.
der the decision of the proper authority
and to act as posse conaitdfus for the arrest
of offenders. should have greatly pre-
ferred. as expressed in my letter of accep-
lance of Governor of the Territory, never Ia
have been Teq..reu to call the troops even
rs precautionary measure. As it is not n
drop of blood has been shed and insurrec
ton has been suppre ssei, until it recently
reappeared in a compulsory tax law by the
insurgent government at Lawrence and il
couflagratiOn of dwellings. and expulsion o
peaceab!e citizens in its vicinage, after il
was falsely supposed that they would not b,
replaced by others. Indeed if the reyolu
tionary government Of Lawrence had no,
Teen encountered by the immediate NOV e
ment of troops there. il is now clear that ST
milar insurrect;onary governments, baset
on my presumed acquiescence which would
have been organized throughout Kansas il
open defiance of the laws OF Congress and o
this Territory. and rendered a peaceful set
Element impossible. 1t will be remembered
that in open defiance of the laws of Congress
and of this Territory, and after the ref,lsa
OF the so called Topeka State Legislature t,
grant them charter, they nevertheless or
gained city Government, clothed with al
the usual powers-legislative executive an,
judicial 1t will be recollected. also tina
after my proclamation on the 9Th of Jul,
last. and the simultaneous NOV ement Of tn,
troops there, as "a precautionary measure t.
| maintain the authority of the Government
and arrest the spread of this insurrectior
throughout the Territory, they then pro
fessed through their organs, that what the,
. had called Goteranent and to which they
had given all the powers of a government
removal of nuisances from the streets. dc
But now, when it was enormously believed
| by them that the troops would all be re
moved to Utah, and not replaced by Others
they have thrown off the mask, and carrie,
, out Their original discretionary purpose
l by passing compulsory tax law, both
poll and property tax, requiring its assess
I ment and collection by the seizure and sal
e of property, and exacting by their charte
r from executive officers, who are to carry on
; these acts, AN OATH to perform all these dn
4 ties. the violation of which oath, if thes
a duties are not performed, would be perjury
l At the same time they seemed to have be
, lieved that this precautionary movement c
e mine and proclamation were disapprove
= by the President of the United State:
c whereas they were both most cordially su.
= tanned by him, in the dispatch to me iron
the Secretary Of State. of the 18th Of Jul
j last, as also in the published letter of Pres
!, dent Buchanan to Prof Silliman and other,
n of the 18th August last An overwhelmn
). majority of the press and people of til
3 United States have condemned this insul
n gent movement; the example has not bee
5 adopted by any other locality in Kansas
l. contrary to the expectation Of its author
it failed to receive any sanction from Tn
4 general territorial convention of their CIV