The Placer herald., 1857-10-10

turned by force? In the language of the
Constitution to "take care that the laws be
faithfully executed" 1t was for this pur-
pose, and for this alone, that | ordered
a military force to Kansas to act as a
posse comttataS in aiding the civil magis-
trate to carry the laws into execution The
condition of the Territory at the time
which | need not portray, rendered this
precaution absolutely necessary. In this
state of affairs would | not have been
justly condemned had l left the Marshal,
and other officers of like character. i'm
potent to execute the process and iudg-
ments Of the Courts of Justice, established
by Congress, or by the Territorial Legisla
ture, under its express authority, and
thus have suffered the government itself
to become an object of contempt in the
eyes of the people? And yet this is what
you designate as forcing "the people of
Kansas to obey the laws, not their own nor
of the United States" and for doing which
you have denounced me as having viola
ted my solemn OATH
/ ask what else could l have done, or
ought I have done? Would you have de-
sired that | should abandon the Territorial
Government, sanctioned as it had been by
Congress, to illegal violence and thus re-
new the scenes of civil war and bloodshed
which every patriot in the country had
deplored? This would indeed have been
to violate my oath Of Office, and to fix
damning blot on the character of nv ad-
mnistraion.
most cheerful!y admit that the neces-
sity for sending a military force to Kansas
10 oil -, tIo n .,,;l l..
fleets no credit upon the character of our
country. But let the blame fall upon
the heads of the guilty. Whence did this
necessity arise? A portion of the people
of Kansas, unwilling to trust to the ballot
box, the certain American remedy for re-
dress Of all grievances, undertook to create
an independent government for themselves.
Had this attempt proved successful it
would of course have subverted the exis-
ting government prescribed and recognized
10y Congress, and substituted revolutions
ary government in its stead. This was an
usurpaton Of the same character as it would
be for a portion of the people Of Connec-
ticut to undertake TO establish a separate
government within its chartered limits, for
the purpose of redressing any grievance,
real or imaginary, Of which they might have
complained against the legitimate State gov
ernment. Such principle, if carried into
execution, would destroy all lawful author
ity, and produce universal anarchy
ought to specify more particularly a
condition of affairs which have embraced
only in general terms, requiring the presence
of military force in Kansas. The Congress
of the United States had most wisely teclar-
ed it to be ''the true intent and meaning of
this act (the act organizing the Territory
not to legislate slavery into any Territory
or State, nor to exclude 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 Con
stitution of the United States" AS natu-
raj consequence, Congress has also prescribed
by the same act that when the Territory of
Kansas shall be admitted as a State it shall
be received into the Union with or without
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 at last
been finally settled by the highest tribunal
known to our laws How it could ever
have been seriously doubted is to me mys-
terry. If confederation Of sovereign States
acquire new territory, at the expense of
their common blood and treasure surely one
set Of the partners can have no right to ex-
clude the other from its enjoyment, by pro
hbiting them from taking into it whatever is
considered property by the common Consti-
tuition. But when the people-the bona tfde
residents Of such territory proceed to frame
State Constitution then it is their right to
decide the important question for themselves
whether they will continue, modify or abolish
slavery TO them, and to them alone, does
the question belong, free from all foreign in
reference.
In the opinion of the Territorial Legisa-
ture of Kansas the time had arrived for en-
tering the Union and they accordingy y pas
sed law to elect delegates for the purpose
of framing State Constitution. This law
was fair and just in its provisions. 1t con-
ferred the right of suffrage on every bona
fde inhabitant Of the Territory; and for the
purpose of preventing fraud and the intru-
sion of citizens of near or distant States,
most properly confined this right to those
who had resided therein three months pre-
vious to the election. Here fair opportu-
nlty was presented Tor all inc quaiiled resi-
dents of the Territory, to whatever organi-
zation they might have previously belonged,
to participate in the election, and to express
their opinions at the ballot box on the ques-
ton of slavery. But numbers of lawless
men still continued to resist the regular Ter
ritorial Government.
They refused either to be registered or to
vote. and the members of the Convention
we're elected legally and properly without
their Intervention. The Convention will soon
assemble to perform the solemn duty of
framing a constitution for themselves and