Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-09-17
Washington City, Aug. Is, 1857.

Amos Townsend, Timothy Dwight, David NJ.
Smith.
Washington City, Aug. Is, 1857.
GENTLEMEN On my return to this city, after
a fortnight's absence, your memorial, without
date, was placed in my hands through the
agency of Mr.. Horatio King, of the Post Office
Department, to whom it had been entrusted
From the distinguished source whence 1t pro
ceeds, as well as its peculiar character, / have
deemed it proper to depart from my general rule
in such cases, and to give it an answer.
You first assert that "the fundamental princi-
pie of the Constitution of the United States and
of our political institutions is, that the people
shall make their own laws and elect their own
rulers" You then express your grief and aston
ishment that should have violated this princi-
pie, and, through Gov Walker have employed
an army, lone purpose of which as TO force the
people of Kansas to obey IdrS not their olen Of
the United States, but laws which it is notorious,
and established upon evidence, they never made,
and rulers they never elected" And, as a corol-
larry from the foregoing, you represent that / an
"openly held up and proclaimed, to the great
derogation of our national character, violating
in its most essential particular the solemn oath
which the President has taken to support the Con
situation Of this Union.
These are heavy charges proceeding from gen
tlemen of your high character, and, if well foun
ded, 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 as
certained that they were we'll founded. If not,
they will rebound with whitening condemnation
upon their authors. Have You performed this
preliminary duty towards the man who, however
unworthy, is the Chief Magistrate OF your cOun
try If so, either you or are laboring under q
strange delusion. Should this prove to be your
10 nffi ,e
truth that political prejudice is blind even to the
existence of the plainest and most papabe his
torical facts. To these facts let US refer
When / entered upon the duties of the Presi.
Dental Office on the 4th of March last, what was
the condition of Kansas This Territory had
been organized under the act of Congress of Both
May, 1854 and the government in all its BRAN
ches was in full operation A governor, secre-
tary of the Territory chief justice, two associate
Justices, marshal, and district attorney had
been appointed by my predecessor, and with the
advice and consent of the Senate, and were
all engaged in discharging their respective du-
ties. A code of laws had been enacted by the
Territorial legislature; and the judiciary were
employed in expounding and carrying these laws
into effect. 1t is quite true that controversy
had previously arisen respecting the validity
of the election of members of the Territorial leg
islature and of the laws passed by them; but at
the time / entered upon my official duties Con-
gIess had recognized this Legislature in different
forms and by different enactmentS. The dele
gate elected to the House of Representatives,
under Territorial law, had just completed his
term Of service on the day previous to my inaug-
uration In fact found the government of Kan
sas as well established rs that OF any other Ter
ritory. Under these circumstances, what was
my duty? Was it not to sustain this govern
ment7 to protect it from the violence of lawless
men, who were determined either to rule or ruin?
to prevent it from being overturned byforee p
in the language of the Constitution to take care
that the laws be faithfully executed 1t was for
this purpose and this alone, that l ordered nil
itaTy force TO Kansas, to act as posse conitatHS
in aiding the civil magistrate to carry the laws,
into execution.
The condition of the Territory at the time
which / need not portray, rendered this precau-
ton absolutely necessary, In this state OF affairs,
would not have been Justly condemned had |
left the marshal and other officers of like char
acter impotent to execute the process and judg-
ments of courts of justice established by Con-
gross, or by the Territorial legislature under its
express authority, and thus have suffered the
Government itself to become an object of CON
contempt in the eyes of the people : And yet
this is what you designate as forcing "the people
ofKansas to obey laws not their own nor of the
United States" and for doing which you have
denounced me as having violated my solemn
oath. - l ask what else could l have done, or
ought l to have donel Would you have desired
that shonld abandon the Territorial Govern
ment, sanctioned as it had been by Congress, to
illegal violence. and thus renew the scenes of
civil war and bloodshed which every patriot IL
the country had deplored? This would, indeed,
have been to violate my oath of office and TO fix
Il damning blot on the character of my admins
tration.
| most cheefully admit the necessity for send
ing a military force to Kansas to aid in the exc
pft han lox fle
character of our country. But let the blame fall
upon the heads ofthe guilty Whence did this
necessity arise A portion of the people OF Kan
sas, unwilling to trust to the ballot box-the GER
tain American remedy for the redress of all griev
ances-undertook to create an independent gov
eminent for themselves. Had this attempt
proved successful, itwould, of course, have sub
verted the existing Government, prescribed AMI
recognized by Congress, and substituted rev.
dictionary government in its stead. This was
II usuIpatIon of the same character as it would
be for portion of the people of Connecticut to
undertake to establish a separate government
within its chartered limits for the purpose of re-
dressing any grievances, real or imaginary, of
which they might have complained, against the
legitimate State Government Such principle,
If carried into execution, would destroy all law
full authority, and produce universal anarchy.
l ought to specify more particularly condi-
ton OF affairs, which L have embraced only in
general terms. requiring the presence of a mill
tory force in Kansas. The Congress of the L.
nited States had most wisely declared it to be
1.-the true intent and meaning of this act 1.-THE
act organizing the Territory not to lerisate
slavery into any Territory or State, nor to ex-
clude it therefrom, 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 also
prescribed by the same act that when the Ter.
ritory of Kansas shall be admitted as a State. it
" shall be received into the Union with or with
out slavery, as their constitution may prescribe
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 been finally decided by
the highest tribunal known to our laws. How
could il have ever been seriously doubted is a
mystery If a confederation of Sovereign States
acquire a new territory at the expense of their
their common blood and treasure, surely one set
of the partners cen have no right to exclude the
other from its enjoyment, by prohibiting them
from taking into il whatsoever is recognized to
he the property by the common Constitution
But when the people-the bona fde residents
of such territory-preseed to frame q State Con-
sttution, then It is their right to decide the inn
uprtarrt question for themselves, whether they
viii continue, modify, or abolish slavery. To
them, and to them alone, does this question be-
long. free from all foreign interference.
In the opinion of the Territorial Legislature |
Of Kansas, the time had arrived for entering