Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-10-08
rip union ono euern true snterest Of tbe Gonntrn . -
DU,TEE, INDEANA, THEUIssDAY ", OCTOBER g. 1867


Il though party zeal in its iniatuation, may
j one day trample it in the dust. wbea, in
4 sight of the ruin, Liberty and Religion in
exile Will together weep over the deseera-
Ition. - -. - = fr, ,.fg~,,
! Your formal yindication next demands
\ notice a.- sf,...s... ,s,. ~. 80 .--...fF
Ofthis your Memorialists are compelled
to say that in their view, it is entirely
groundless and unsatisfactory -'.-
o. Resting it solely on what you call
! s.the plainest aaI most palpabye historical
facts 'you found, in fact, the Govern
ment of Kansas as well established rs that
of any other Territory. You then ask,
was it not my duty to sustain the govern
ment-to prevent it from being overturn-
led by force, in the language OF. the Consti-
tuition, 'sto take carethat the laws be faith
fully execnted. - You then add: cit was
for this purpose that L ordered military
force to Kansas to act as a posse com taiuS
| in aiding the civil magistrates to carry the
laws into execution" Hers; then, is The
distinct admission and declaration on your
part, that you orlerel military force to
Kansas for the purpose of sustaining its
Territorial laws SO far, then, in respect
to one matter of fact, you admit the asser-
ton of your Memorialists. sse srf-e
lfa Your yindication, therefore, rests upon
the assertion that there was, in fact, Gov
ernment in kansas-such a Government
as it was your duty to sustain. The essen
tial question, on. which the whole contro-
versy turns, is thus raised; it is simply
this: Was there Government, or were
there laws, in Kansas, in the Just, proper,
and authorized meaning of the language, I"
'swhcn you entered upon the duties of the
Presidential Office OH the 4th Of March
last?'' ee..ss...,, f..r -rsr
If this can be-proveds to be true, your
Memorialists will know something which
they have yet to learn. If it can he proved
not to be true, "it will present a memorable
example of the truth, that political pref
udice is blind even to the existence Of the
plainest and most paipable of historical
facts.'is Nor is this ALL 1t will show
that you orderel an army to- Kansas to
sustain aso eallcl Government which is
not a Government, and laws which are not
laws. - ess--
Here your Memorialists take the posi-
tion, that NOTHING CAN BE TRULY GOVERN
NEST OR LAWS WHICH has 40 AUTHORITY;
and that NOTHING sHo-LD De TREATED As
GOVERNMENT OR LAW WHICH PRESENTS No
EVIDENCE OF AUTHonIrY.
Can anything which tramples undcrfoot
all human rights, and is known outrage
upon our Constitution and our political
institutions, whatever be its name, OIL, form
bejustly regarded as government or law
having authority under our Constitution?
Can such an outrage bcclothad with author
ity by a President, Senate, Congress, or a
whole Congress of Presidents? Can usur-
patton beget valid government or law, OF
ilnpart that right to govern which implie,
an obligation to o5ey9 It's might m ay
make il a matter ofprudcncc to avoid its
wrath by submission, but can usurpation
create, an obligation to obey when none
/ exists?
!. Suppose the great Mogul, or any other
tyrant, had established the same so-calle,l
government and laws of Kansas BIZ the
! same, means by which, as all the world
knows, they, were established-by invasion
and arms--would any citizens of the Uni
tel States call them government and
laws, except in derision anil with loatliing?
Is a bogus overnmentAgovernmc Are
bogus laws-laws? Is this government
established, y and are these claws enacted"
--anl yet known to possess no other or
! higher authority than that derived, from
4 BORDER RrFFIANs? Are eye, the peo-
4 pie Of the United States" to be stultihel
into the belief of such dogma? For that
result, wait at least for the more absolute
/ dominion of a tyrant. laarircneh vlaialosG.
! Your Memorialists. will now. present
what tLey consider the fundamental error
Of your reply. In their view, in recogh;;- !
zing thc Territorial government and laws D!
Kansas as a genuine Governmentandlv valid
laws, YOU have perverted the general prin-
/ ciple upon which you rest your vindication,
and have violated its essential spirit and
meaning. bra mia hesa5s aifa Lsh
That general principle may be thus STA.
ted: When rules ofaction, claiming to be
valid laws, presents on the first aspect. ev-
idencc that they proceed from a rigatful
law making power, it is the duty of the
people and the executors of law to rccog-
nize them as aathoritatiyes. : 10 this, ms a
general principle. your Memorialists sub
scribe. 1t is the only means of giving
! practical authority to law, and of prevent,
| ing violence and anarchy; nor do they
I yield to any man or class of men higher
! estimate of its importancc, or a firmer de-
termination to adopt AMI defend it, than
/ themselves cherish. But to say that ALL
goyomment and ALL laws, claiming to be
valid, must be recognized, executed and
obeyei as such, is as prcposterous as to der
ny the general principle itself. To mistake
| the general rule FOR an. universal rule, the
conditional for an unconditional principle,
must lead to false reasoning and to prascti-
, cal conclusions of the most dangerous char.
!, ,acterss; This in thei view of yonrl Memoir
'alists,, who believe that none are too wise;
'ior good to err, is what you (they trust IN,
yadvertentiy) have done.
1 In recognizing the Territorial 9 Govern.
.ment and laws as authoritative, have YOU
mot violated the wholespirit and ,neaning
Of the general principle. .lail ldqwa? Have.
you not wholly disregarded the essential
condition, that the only government which