, 1857-10-16

any other territory. Under these cream
stances, what was my duty? Was it. not
= to sustain the government? to protect it
from the violence Of lawless men who were
determined either to rule or ruin! to pre-.
vent it from being overturned by force?-
IN the language Of the constitution, to
take care that the laws be faithfully exc
cuted?" 1t was for this purpose, and this
e alone, that | ordered military force to
Kansas, to act as P0sse c0miiataS in aid
ing the civil magistrate to carry tie laws
into execution The condition of/the ter.
ritory at the time, which | need not por.
tray, rendered this precaution absolutely
necessary. In this state of affairs, would
+ not have been justly condemned had
left the marshal and other officers Of like
character, impotont to execute the process
and judgments Of courts of justice estab-
lished 10y Congress or by the territorial leg
stature, 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 KaG-
sas 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 have
done, or ought l to have done? Would
you have desired that | should abardon
the Territorial government, sanctioned as
it had been by Congress, to illegal violence,
and thus renew the scenes of civil war aud
bloodshed, which every patriot in the coun-
try had deplored? This would indeed have
been TO violate my oath of Office, and to
iiX damning blot on the character Of my
administration.
| most cheerfully admit that the neces-
/ sity for sending q military force 20 Kansas
to aid in the execution of the civil law re-
ilects no credit upon the character Of our
country But let the blame fall upon the
heads of the guilty Whence did this ne
cessity arise? A portion of the people Of
Kansas, unwilling to trust to the ballot
box-the certain American remedy for the
redress of all rievances-undcrtool to
create an independent government for
themselves Had this attempt proved
successful it would of course have subyer-
ted the existing government prescribed and
recognized by Congress, and substituted q
Revolutionary government in its stead.
This was usurpatiOn Of the same charac-
ter as it would be for portion of the peo-
pie Of Connecticut to undertake TO estab-
lish separate government within its char
tered limits, for the purpose Of redressing
any grievance, real or imaginary, OF which
they might have complained against the
! Legitimate State government Such prin-
ciple, if carried into execution, would des-
troy all lawful authority, and produce uni
versal anarchy.
ought to specify more particularly q
condition Of affairs which have embraced
only in general terms, requiring the pres.
ence Of a military force in Kansas The
congress Of the United States bad most
wisely declared it to be "the true intent
and meaning of this act (the act organi-
zing the territory not to lcgislate 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 constitution Of the
United States" As natural conse-
queuce, Congress has also prescribed by
the same act that when the territory Of
Kansas shall be admitted as 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 poiut has at last
been finally settled by the highest tribunal
: known to our laws. How it could ever
have been seriously doubted is a mystery.
If a confederation of sovereign states ac-
, quire new territory, at the expense Of
/, their common blood and treasure, surely
one set Of the partners can have no right
to exclude the other from its enjoyment,
/, by prohibiting them from taking into it
, whatever is recognized to be property by
the common constitution. But when the
people-the bona .Jide residents of such
|, territory-procced to frame a State consti-
tuition, then it is their right to decide the
, important question for themselves whether
they will continue, modify or abolish sla-
: very. To them, and to them alone, does
: this question belong, free from all foreign
interference.
S In the opinion of the territorial legisla
ture of Kansas, the time had arrived fol
entering the Union, and they accordingly
+ passed a law to elect delegates for the pur
7 pose of framing State constitution. This
c law was fair and just in its provisions. II
! conferred the right of suffrage on every
+ 5ona fle inhabitant of the territory; anC
1 for the purpose Of preventing fraud anC
+ the intrusion of citizens of near or distant
! states, most properly confined this right tt
e those who had resided thereiO three months
y previous to the election, Here a fair op
+ portuqity was presented for all the quail
= fed resident citizens Of the territory, tC
t whatever Organization they might previ
l. ously have belonged, to participate in thI
/ election, and to express their opinions a
l. the ballot box on the question of slavery
e But numbers Of lawlcss men still contin
l. ucd TO resist the regular territorial govern
FUNF