The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-09-09

this their memorial The fundamental prin-
ciple uf the Constitution Il the United
States and e our political institutions Is
that tic people hall make their own law~
AID elect their own rulers We see with
.. ,ef ii MOI with a-tonishinent that ts"y.
Walker. II kahsas, openly represents and
nr,cla,,ns that the President 1T the [ nted
states l. employing through him Walker
an army one purpose Of which Is to iorcc
the people e Kansas To obey laws not their
pwn nor If the United States, but laws
which il u notorious and established upon
eyidcnce they never made, aud rulers they
Sever elected. w represent. therefore
hat bv the foregoing your eAocllency !
,rgniy i.cii M and proclaimed, To- the great
.irrnEatipn ~ Gar national character, a~ siu-
iaiing IA IL. most essential particular tie
-ulcinn oath " Lirh the Precedent has taken
e. suppprt the Constitution al hi. I mon
We rali attention further. IT, the fact that
snur rAecllcncy J. ia like manner held ~ IT,
this nation Ia all mankind and t. all Ir.>
tcrity, IN the attitude of .'lc,ying war
against 4 portion oi ia. nit.d State u,
I ,'nrlnt nag arm, IN Kansas e. upl,ld
badly ii men AMI code &c enact ncnts lur
/ porting H. be legislative. bat which never
,ad the rle 'ti"n. rsr sanction. Irur cuilscnt
thr I.ollc II th Territory. We earn
fstlv rcpr,-cn' o. Your cNecicnc, that We
ia have taken tie oath Ia obey the Con
tiuirn. and YOUR excclcncy may resi- a.
nr,d that We shall not refrain from the
aral - that .ilmeht, ',"d will make your
administration an example al Justice and
confidence, and with Ills terrible majesty
protect our people and nnr Constitutions
inE PRESIDENT REPLY.
N4>HINeTo> tiTY. Aug II. lS,,
hrSTirNrN -,Jn nay recent return a.
this city, after . Ertnigh,'> absence. Your
memorial without date, was placed in m,
,and>, through the agency of Mr.. Horatio
Ming, Of the Post Office Department, To
whom il had been intnlsted From lac dis
ting'ii>hed source whence il proceeds. A. well
a IT. peculiar character, I have deemed il
proper To- depart iron, my general rule in
such eases, and To- give il an answer.
You iirst assert that "thc fundamental
l.rin' lie 81 the constitution Of the United
state and of our political institutions is.
that the l.opi, shaR @ake hei, o,rs lars and
sltct he'f ora ,rlers" Non then express
Your griei and a>toni.hnent that ! should
have violated thi, principle, and through
Gov. Walker have employed an army, one
hdaaoN 10 o1tg h0es 10, heis oics. no. ~ m.
iaitef Sates. hut laws which il Is notorious.
and established upon evidence, they never
made, and rulers they never elected" And
n corollary from the foregoing. YOU rcprc-
eht that am openly held up and pro
tanned, to the great derogatiun III our ma
fi"Iai character, as Violating IN it, most
essential particular. the solemn cath which
l Ia s.I.
| ttutioa u this Caioan
These are heavy Charge, proceeding from
Gentlemen n Your high character. and II
"eilionnded, ought to cons,gn my name I,
tniamy Blu, in proportion to their gravity
oininon justice, To- say nothing of Christia,
rharity, required that before making then
YOU should have clearly asccrtaiaci thai
they were well founded. II not, they viii
rebound, with whitening condemnation, up
m their author Have yon performed mi.
preiiminar, duty towards the man who
however unworthy, is the chief maeist rat q
n our country II SO, either you or / ART
lahoring under strange dclusion. Should
IN, prove to he your case, IL will present q
memorable example ii the truth that polit
cal prejudice is blind even to the existence
the Ilainest and most palpablc historical
L ss0'Nt ~ tutsS ta1ts let Us refer
| When entered upon the duties &c the
PRESIDENTIAL Office, on the ith II March last
nat was the condition of Kansas This
Territory bad been organized under the act
Il Congress Of 3oth May 1854, and the gov
srnmen, ~ all its branches was in full o,--
raticn. A Governor, Secretary of the Ter
fitory, Chief Justice. two Associate Jus.
ices, Marshal aud District Attorne, had
zen appointed by my predecessor, ~ and
With the advice aud consent II the Senate.
md were all engaged la discharging their
e>lcctise duties. \ code oi laws had been
nac,eti by the Territorial Legislature. and
az Judiciary we're .inplosed in expouniiny
mi CARRYING these laws into effect II i
quite true that controversy lad previously
risen respecting the validity of the election
i members 81 the Territorial Legislature.
lnd 81 the laws passed by them bur At the
,imc ! entered upon my official duties Con
res had recognized this Legislature IN diff
rncn' forms and lay different enaetments
| The delegate elected to the House of Rep.
fe~"ntatisss, un,ler a Territorial Law, had
a~t completed his term II ser, ice On the
Il, previous L. my Inauguration. In fact.
found the government of Kansas a we'll
Established A. that # any other Territory
nter ths>r circumstance, what was ny
| tnty Vas u not o. sustain the t.axern.
a'eni 10 protect n from the violence al
aai''>s men who mefe determined either Ia
fnie 90 rum to prevent IL from Leing
overturned by ian.e i'm the language oi
the constitution, take rare that the law.
a. faithfully executed r. II was for this
purpose, aud this alone. that | ordered a
iailitar, iorce Ia Kansas, Ia act q, a ,.sss,
a.ah,'as m aiding the civil magistrate. to
AIRY the laws into execution. The snudi-
tion - tue Territory AZ the time. which
ittd n"t portray, rendered tins prrcantion
absolutely necessary. In this state Of Al.
.sir> would nnt have been Justly condemn
4 had lett the Marshal and other officers
Il a Ike character. impatient u execute th.
process AMI judgments If courts of lu,tic.
established by Congress or BY the Terrific
nal Legislature, under Il, express authority.
itid thus have suffered the government IL.
seii {" become an object III euntempt in the
..seS III the people Aud vet this is what
sau designate N forcing the people ot
Kansas to obey law not their own nor or
tie United Siate-,' ami t,r doing which
you have denounced me n having violated
my solemn cath ask, what else could
ase dome, or ought Ia have dpnc Would
.on have desires that | should abandon the
Territorial Government, sanctioned as il
nal s.en by Congress, to illegal violence.
and thus renew the scene III civil war and
hlo"ishe'i, which every patriot in the eoun
II, hal deplored This indeed would have
been To violate my cath nf Office, and To fix
damning bio, ON the character III m, nd
minlstration.
most eheeriulls admit that the nss.s.,-
= Tor sending military force Ia Kansas 10
ALL IA the execution of the civil law reflects
IA credit upon the character Of our country
But let the blame call upon the heads OF the
guilty. Whence did this necessity arise ?
4 portion Of the people Of kansas, unwilling
10 trust 70 the ballot -box--thc certain
American remedy for the redress OF all grie,-
ances undertook Ia create an independent
government for themselves. Had this at
tempt proved successful, il . oald of course
have subverted the existing government
prescribed and recognized by Congress, and
substituted revolutionary government in
its stead. This was a usurpation Of the
same character ~ II would he Cor portion
Of the people Of Connecticut to undertake TO
establish separate government within its
chartered limits, for the purpose u redress
pnat ss.s~s -