New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-24
REPLY TO THE PRESIDENT.

r. ror;aI an tho Affairs Of Kansas To this yo- "A.
>,,ed under date of Aug. Is, 1857 in NAM - which
sAovs that You misunoertood, to soTe extent. the
sroupd talen by the Memorialists, or we would not
ippute to you the intention to MI represent them As
yen have Thought proper to ky the Memorial and Re-
ply before the pubic ls2ge part Of the Memo.ists
have conferred on the subject, and have felt them.
selves compelled again to address you. We would
nssrh, then, that the vain facts alleged IN Ma Memo
,,al ore either passed withou deata are cr-
2aieitly aooeed az your reply.
These facts are two: First, that the fundamental
"prncpe Of the Constitution Of the Uotsd States and
"of our political institutions is that the people shall
SNAKE their opn lapS, and elect their oTn rulers"
SescAdiy, "thst Gov. Walker Of Ksnsas openly re-
"yresents and proclaims, that the President Of the
United States is employing through hi Walker an
amy one purpose of which is TO force the pc pe of
kansas 70 obey laws which are not their own, nor
"of the United States but laws which, it is notorious
and established upon evidence they aever made and
"rxkrs they nerer elected" As to these two facts,
the material facts alleged by your Menoriasts, and
which chiefly require vindicsion from you, they cay
tAst they find no derid, Of them in your reply. They
% not say that you have attempted no r'rdeoo" OF
yoaf acts and dongs through Gov. Walker but only,
that they can find in your reply no PLAIN or explicit
denial Of the facts referred to-not even what they
consider the shadow Of q denial. These fsc.s stand
n the Memorial then, ancontradtcted, by what you
evidently consider triumphant Reply. Why is this
Are these assertions, which the whole subject at
issue depends, untrue-snd yet denial of them
BOT word TO prore them untrue? Without such de-
sia, what can you expect your MemorSlists and the
country 10 believe and to cay What, but that the
facts, which they aDege are notorious and undenia-
Me-
As to the allegation respecting the fundamental
rrscple Of the Constitution your Memorislists hope
tAa the time remote when the enlightened citizens
Of THE country viii deny that principle; though party
zeal in its infstuation may one day uample 1t 10 the
sas vhen in sight of the ruin Liberty and Religion in
exile win together weep over the dissertation.
Your FORMAL MEDICATION next demands notice.
OF this your Memoriass are compelled to say that,
ID their view it is entirely groundess and unsstisfae'
tory.
Resting it solely on what you call "the painest and
most palpsble historical facts you say ihst at the
time Of your Inauguration, "you found, in fact, the
Government of Kansas we'll established as that Of
"any other Territory. You then ask, was it not my
duty 10 sustain this geverOment-to prevent it from
bang overturned by force; in the language of the
Constitution to take that the laws be faithfully
executed" You then add: 1t was for this purpose
that ordered military force to Kansas to act as
posse oomtta4us in aiding the civil magistrates TO
"carry the laws into execution" Here them is the
distinct admission and declaration on your part, that
you ordered military force TO Kansas for the purpose
Of sustaining it's Territorial Government and OF enforc-
hs its Territorial laws. SO far, then, in respect to one
natter Of fact yen admit the assertion OF your Memo
ialists.
Your vndicstion. therefore, rests upon the assertion
that there was, in fact Government IN Kansas-such
Q Government as It your duty to sustain. The es-
seaal question: which the whole controversy turns,
l thus raised 1t is simply this: Was there Gorern-
B<nt there Latos dnsds IN the Jst, proper,
and eutA0ri.ed meaning Of the language, when You
entered upon the duties of the Presidential Office On
the 4th of March lastl"
VIII know something which they have yet to learn
II can be proved not to be true, " it will present
memorable example OF the truth, that political pre-
"iudise is bind to the existence OF the planes.
and moot pspabe OF historical fsots.' Nor is this
a. IL wi show that you ordered On army to +nsas
= sustain so-called Government which Is not Gov
ey1nsnt, and laws which are not laws.
Here your Memoir sists take the position, that MOTH
ING CAN BE TRULY GOVERNMENT OR LAW WHICH HAS
no AUTHORITY; and that sorHlFG SHOULD bE
TREATED As GOVERNMENT OR LAW WHICH PRESENTS
no EVIDENCE OF AUTHORITY.
Can an, thing which tramples under foot al human
ishss and Is known on rage upon our CONSTITUTION
ana our political institutions whstever be its name or
form be justy regarded government or law having
authority under our Constitution Csn such 90 out
rage be clothed with authority by President Senate
Congress, or . whole Congress of Presidents Can
nsuIpeten eeeet valid government or sT, OF ,mpsn
obey Its might may make it a matter OF prudence
b avoid its wrath by submission, but can usurpaton
ussse On obligation to obey when none exists
Suppose the Great MogG, or any other tyrant, had
estabu he'd the same 30. called government and laws
Of Kansas by the came means by which, a. al tAe
world know, they were estabshed--by Invasion and
arms--would any citizens Of the United States call
them government and laws" except in deris,on aud
with lOathing Is bogus NEUTRALITY-SUSPICIOUS.
Are bogus lsxs-lswsf Is this government estab.
Esbed,' and are these laws enacted '-snd yet
kDoyn to possess other or higher authority than
that derived from BORDER RUFrIASef Are I'VE,
The people Of the United States ~ be stultifed into
Ne kshsf Of such a dogma For that result wait at
least for the absolute dominion Of tyrant.
Your Memorislsts will now present what they con-
oder the fundamental error Of your reply. In their
view, In recognizing the Territorial Government and
laws Of Kansas as q genuine Government. and valid
laws, you have perverted the general principle upon
which you rest your vipdoAtop and have violated is
essential spirit and meaning.
That 4 sner al principle may be thus stated: When
rules Of action, claiming TO be valid laws, present on
tAe first aspect, evidence that they proceed from
nghtfui swmakpg power 1t is the duty Of the people
And the executors OF law TO recognize them as suthot
i've. To this as general principle your Memorial
81 authority 10 law and Of preventing violence and
anarchy; nor do they yield to any NAN or class Of
nsp higher estimate Of its importance or a frmer
determination to adopt and defend il, than Themselves
laws claiming to be valid must be recognized, sIecu-
led and obsyed a. such !. preposterous As to deny
ne general principle itself TO mistake the general
rule for snire1sal rule, the conditional for
- practical conclusions Of the moet dangerous cnNsc
ter Thin, in the view Of your Memonslists, woo be-
Esve that none too wise good to s what you
they trust Inadvertently have done.
In recognising the Territorial Government and isw,
- authoritative, have you not violated the whsle
sprt AID meaning Of the general principle laid dos