The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-10-02
|nss in our government ioretelling its speedy

in different forms, and by different Memo
rialists what these different enactments"
were. they might have been made the sub
they can only say that they know Of no
"forms or enactmeuts" Of Congress, which
could be binding on you rs authoritative, or
which you had reason even to regard as ev.
idencc Of the validity Of that Legislature
Do you refer to the act BY which the usual
appropriations from treasury were made =
Every one knows In what manner, and for
what reason that act was passed, and that
many Who voted for il, regarded, and still
regard, tho territorial legislature as DOWN
right usurpation nor had they any suspi-
cion that they were recognising In validity.
How this bill can invest an act Of usurpstion
with authority, your momorialise are una.
bio to discover. What ifthe Legislatore OF
Connecticut had under the excitement ofpar-
ty strife. even bya formal act, recognized the
usurpation which you have supposed might
not the Governor Justly fall back upon his
own official prerogative, call out tho militia
and suppress the rebellion ? If he would be
bound 70 recognize such an usurpation as
government having authority when could he
ever suppress 1t without himself becoming o
rebel against the very authority which he
recognizes? Apply this illustration TO the
President Of the United States, and you will
see. that the foundation principle Of all
your reasoning il absolutely suicidal, and
thus renders nugatory your entire vindica-
ton. Did not President jackson. on his
own Official responsibility as National Exc
cutive, set at defiance alike the power, and
the authority Of Sovereign State ~
And can territorial government rank with
an independent State Sovereignty Can
Border Ruf6anism, by any act Of Congress,
become entitled to respect and support, as a
rightful lawmaking power, from the Presi'
dent Of the United States ? The case Is toe
aagrsnt. The facts are too notorions.- No
truly independent, self.relying President,
who understood his official prerogative, and
his duty under the Constitution, would
have hesitated to disregard even direct act
of Congress 90 tynnnical and oppressive and
appeal to his country and the world for his
vindication.
But no such trying emergency was here
presented. With the solemn decision Of the
House Of Representative, after long investi-
CATION. that the Legislature of Kansas had
no authority, and that its laws were no laws
with that direct, positive and unimpeach-
able evidence before you your Memoralists
cannot but express their surprise, that you
have relied upon your construction Of indi-
rect, inconclusive acts Of that same body, al
Evidence Of the authority of chat Legislature.
They know Of no rule Of law by which you
can set up constructive, interential evidence
against direct and positive evidence from tho
same source. But this proofyou pass over
in utter silence?
Abiding to tho condition Of the Terrific.
nv you rpeak Of the course which you adopt
cd. rs absolutely necessary :" and whether
"you would not have been Justly condemned
had you leit," what you assume to be the
government and its administration "impo-
tent" and thus have suffered 1t to become
an object of contempt in the eyes Of the peo-
ple." Our first reply to this view Of the
case, is, as before, there was no (territorial)
government in Kansas to be executed, Us you
suppose And again, We say the usurped
govern ment ought TO have been rendered
inpotent, and to have become an object Of
contempt. in the eyes Of the people, rs it
has become. But further, Congress had
passed law for tho establishment Of q g"v-
eminent in tins territory, with this formal
and positive explanation, that the people
| lin the territory DO left perfectly free to
form and regulate their domestic institutions
in their own way. Why then could not a
Governor Of Kansas have been appointed ut
any time, acting under your authority, and
with an army under his control, who would
have Suppressed all internal violence and
contention and "left the people free to form
and regulate their domestic institutions.
&C." as we'll as employ the army to act the
absurd and farcical part Of Posse Conita-
tus, to enforce, under your direction terri.
torial laws which had no pretence ofauthor-
ity? Without saying, who were, or who
were not, the responsible orig,nators Of tho
troubles in Kansas, can it DO doubted that
the President long before this time, by the
course now suggested, or some other, might
have put an end to these troubles? Has no
not power to " take care that the laws. -
and Of course, that the laws of Congress re-
specting Kansas" faithfully eIecu-
tod ?"
You have introduced several topics, into
your reply, rs that Of slavery, the decision
Of the Supreme Court in the case Of bred
Scott, with Others, on which your Memori-
alists have said nothing in their Memorial,
and on which they intend to say nothing
now. except to express their dissent from
your opinions.
1t is needless to prolong this discussion
Your whole yindicition, II il has any ground
rests, in the view Of your Memorialists, upo,
one palpably false assumption THAT what
ever claims to be n government de facts, with
out pretence Of its proceeding from any
rightful law-making power, is entitled to
your support. The world has not seen a
usurpation which this principle would not
sanction. If adopted in the administration
Of our government IL must involve, sooner
or later, its destruction.
Pardon, now, If need be, the plain and
earnestness Of your Memorialists
in unfolding what they consider false prin-
ciples in your positions on the present sub
jet. They speak Of no want Of honesty in
your opinions, nor Of sincerity in your
ayowl Of them-of no want of patriotism
ON your part, nor yet Of that higher princi-
pie which God approves. They speak only
Of what they consider error in your reason.
ings, and of its consequences in political
evils. They judge not the heart. They
have not imputed to you any violation Of
your cath OF Office, Us you have thought 1t
to charge. Their language shows tho con-
tnry. They said, "by the foregoing you
are held up-as violating. &C." Tho Store
going here spoken of, Is shown by ths con.
nection to DO the claim Of Gov. Walker that
''the President Of the United States il EN-.
ploying through him (Walker) an army, /,
one purpose Of which is to forco the people !
Of Kansas to obey laws not their own, nor |,
Of the United States; but laws which It is
notorious, and established upon evidence
Trey never made. and rulers they never
slected." This claim Of Gov. Walker, IL
admitted by you in its full extent, and ad.
mitted on the ground Of making the general
principle mentioned above n universal ons