Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-09-10
THE MEMORIAL OF PROFESSOR s1LL1MAN.

|
III eir own rulers We see with grief, II not with
nstonishment that Governor Walker, Of kansas,
openly represents and proclams that the PLesseht
Of tie United Suites - employing through MIN, an
army, ore purpose of which Ia to force the people
of Kansas to obey laws not their own nor of tho U
States but laws which IL Is notorious and establish
ed upon evidence they never made, and rulers Wnom
they never elected. We represent, therefore, that
by the foregoing your excellency Is openly held up
AMI proclaimed, TO the great deTogaion OF our na-
tiOnal character, violating, in Its most essential
par icuar the solemn oath which the President mas
taken to support the constitution OF this Union We
call attention further to the fact that your eSeeency
Is in like measure held up to this nation to all man
kind and to all posterity in the attitude OF levying
war; against portion Of the United States by em-
ployng arms in Kansas to uphold body OF men and
n code of enactments purportng to be legislative,
but which never had the election nor consent OF the
people Of the territory. we earnestly represent 10
your exeellcncy that wo have as) taken tho oath TO
obey the constitution, and ycur excellenoy may DO
assured that we shall not refrain from the praye
that Almighty Cod will make your administration
example Of justice and beHehcence, and with Ills.
terrib majesty protect our people and our cons'i'
tuition
The Presidents reply is as follows:
Washington City, August 18th, 1857 Gentle
men ;-On my recentreturn to thiscty, after fort
nights absence, your memorial, without date, was
| placed in my hand through the agency OF Mr.
lIofato King Of the P0st-0Hico Department, to
| whom it mad been entrusted
From the distinguishedssoufco whence II proceeds
as we'll as 1t peculiar character, have deemed it
proper to depart from my general Iule in such Gases
und To give Ii an answtr.
You first assert that the fundamental principle Of
The constitution Of the United States and Of oar
political institutions, is that the people shall make
their own laws mud elect their own rulers. Yeu
then express your grief and astonishment that
should have violated this principle and through
Governor Walker Lave employed IN army =" the
purpose Of which is u force the people Of Kansas
obey laws net their own nor OF the United States,
bn' laws which, it is notorious and established upon
| oRlusnoe, tSey never made and rulers they
e.ected." And as corollary from the foregoing
| you represent that nm openly held up aud pro-
| claimed TO tho great derogatiou Of our national
character violating, in Its most essential partieu.
lar, the solemn oath which the President has taken
to support tue constitute of this Union" These
are heavy charges proceeding from gentlemen of
your hIgh character and II we'll founded ought to
consign my name to infamy. But in proportion to
| tbeir gravity common justice, to say nothing OF
Christian hstity, required that before making them
you should have clearly ascertained that they were
well founded. III not, they Will rebound with with
erin, condemnation upon their authors Have you
performed this preliminary duty towards the man
whJ however unworthy, il the chief magistrate OF
your country! II so, either you or l are labaring
underh strange dclusoD. Should this prose to be
your case 1t will present memorable example Of
the truth that political prejudice is blind even to
the existence Of the painest and most pal pablo his
tUrlcIl facts To these facts lot US refer;
Wnen entered upon tile duties Of the prcsilen>
tul Ulhce the fourth OF March last. what was the
condition OF kuusas2 That Territory had heen
ganzed under the act of Congress of the 3Oth Of
Mag, 1884, and the government in all its branches
l was in full operation. a Governor, Secretary Of
Territory, Chief Justice, twl Associate Justices
Marshal aud District Attorney he'd been sppolnled
10y my predecessor by AID with the advice and cons
scntUt the Senate, aud NIL engaged in discharg
ing their respective duties. A code of laws had
boon enncted by the Territorial Legislature and the
Judiciary were employed in expUunahg and carry
ns these laws into ett5it 1t is quiie true that
rEr fr,Nr. had atp he
validity of the election q members of the Territorial
lao stature and OF the laws passed by them, but
at tho time entered upon my official duties Co 4.
greys had recognizsl this Legislature in different
y forms aud by different ouactments. Tho delegate
to the House OF Keprese natives uLder territorial
law had just completed his term of service on the
day previous to my inausnrati' m. In fact, found
tho OverEmento Kansas we'll established as that
OF my uhor territory. Under III sss ciTeumst lnces
Whit WIS my duty Was it not to sustain this
governments to protect 1t from the violence Of laws
less men Who hal determined either to rule or ruin
to prevent il from being overturned by force; in the
language Ui the constitution to lako care that the
laws be faithfully executed" Il was for this pur-
pose, and this alone, t:nt ordered military force
To lHsas to ACT as npISSe eomitatas in nj ling th
elvii magistrate to clrry the Laws into execution
Tue OUHdltiOn of the territory ut the tno, which
LCed portray rendered This precau ion absolute
: " necessary In this state Of affairs, would n
, have been justly condemned bad lett the marsha
and other UhiceIs OF like character impotent /
execute the process and in lgments OF the Courts
Justice established by Congress, or by the Ieritoi
h inl Legislature under its express authority, an
~ thus have suffered the government itself to becom
>, an object OF contempt III the eyes of the people
And yet this Is what you desi ynate as "orcing tn
people of Kansas 10 oLey laws not their own nor
IL the United Stues" Aud for doing which you hay
s. denounced me as having violated my solemn oath
Ie ASH, what else could have done or ought :
e have done! Would you have desired that | shOulI
abandon the territorial government, sanctioned Al
- had been by Congress, u illegal violence, an thu
renew the scenes OF civil and and boodshed which
II every patriot 10 The country had deplorel. Thi
would indeed, have been to violate my oath of of
flee and TO b& a damning blot on the character Q
D my administration. l must eheeitully admit tina
IS the necessity for sending military force to Kansas
To aid in the execution OF tho civil law reflects
credit upon the character Of our county, but let thu
blame tall upon tho heads OF tho guilty. Whence
=, did ills necUssiy arise! portion OF the peopl,
Of Kansas unwilling TO trust the ballot box the
c certain American remedy tor the redress Of all
Us grievances, undertook to create an Independent
10 government for themselves, Had thisattempt prov
cd successful it would Of course have subyertel the
10 existing government prescribed and recognized BY
Congress, aud substituted revolutionary govern
Gent IN its stead. This was usurpaton Of the
same character as it would bS for portion of the
l. people vi Connecticut 10 undertake TO establish
m separate government within its chartered limit
/, tr inc purpose OF IelitSsing any grievance, rea
~ or INA sinary Of which they might have complain
- ed against tho legitimate State government Sucl
l. principle, IL carried into execution, would de
i stroy al lawful authority and produce universe
anarchy.
i. ought TO specify more particularly condition
Of ail airs, which | have embraced only in genera
A terms, requiring the presence OF military force il
,e Kansas. The Congress OF tho unitel States hat
most wisely declared it to DO ''the true intent ant
meaning OF this act 1.-THE act organizing the terrific
~ not to leGslate lavery into any territory o
state, nor To exclude it Thereof ON, but to leave III
peo 10 thereof perfectly free to form and regulate
their Domestic institutions in their way, subjec
Of only to the constitution Of tho United States"
"a consequence, Congress hls
n cd, by the same act, that when the territory 0
Kansas shall be admitted rs State, it shall b
leceyud into the Union, with or without slavery a
III their constitution may prescribe at the time Of hei
l. admission
y Slavery existed Mt that period and still ex SITS i
Kansas, under the constitution Of the United State
= This point has o. last been finally decided by tn
T. highest tribunal known to our laws. How 1t coul
Is ever have been seriously doubted is q mystery.
IN confederation of sovereign States acquired me-
~ territory at the expense OF their common blood an
y treesure surely set of th5 partners san have
4 right exclude the other from its enjoyment by pre-
I'd hOting them ir5m taxing into it whatsoever Is II
c"gnzsi to he property by the common constitution
But When the peOplc--she bona fde residents {
. sutn terTitOry-piOceed to frame State eonsiitu
" ton, then it is their ri sht TO decide the imporlar
question for themselves whether they will continue
E. mod fy abolish slavery. To them, aud to theI
a alone dses this question belong, free from all io
cign interference.
Is In tho opinion of the territorial legislature
hhnsls tho time had arrived for entering the UnioI
of anu they accordingly passed law to elect delegate
m Iot the purpose Of framing State constitution =
III ihs law was fair AMI just in its provisions. Itcor
y. erred the right oC suifra6e ON every bona de in
t. habitAh of tile territory" and for the purpose
preventing fraud and intrusion Of citizens OF nea
ut or distant States most properly confined this rigl
e. to those who had ra3lOd therein three months pre-
ed vious to the election Here fair opportunity WI
presented for all the qualified resident citizens
ms the territory to whatever organization they migt
ID ha'o previously belonged, 10 participate in III
ee zion, aud to express their opinions ut the ballo
DoA on the question Of slavery But numbers
on IhWless men still continued 10 resist tho rrgulH
territorial government. They refused either Do !