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

retaining prominent ssdsrs sbsreia IN Official stu
tops
legitimate results Of tie wise sdministrshos-oi the
tue and hight working in such an eIgeocy-el oar
national Government the most perfec. specimen OF
bun an government the world mas seeo-to oar own
sdmirs:ion the perfection OF eIcelencs. surely ssa
results bespeak some arrangement, some DISTURBING
foice in the eyoutions Of machinery 50 titled " %
coed, 20 powerful 70 i< high desigp.
But il your example in administration. and thss o'
your predecessor IN office are 70 be followed 10 ia.ots
whenever similar cases shall oceU-l every usurpa-
ton Of power, when it has gained temporary cue.
cess, thenceforh TO be backed by the whole power
OF the Federal Government, and forced upon INC "a
digi ant people on wi ON BY fraud OF violence, nsa
imposed jtself where Will the end be how oith
viii such crises actually occur, resulting from the
very nature Of our Government with sucn PIlpopis
in ia admir- isuatCn 70 originate ana foster .e.n
What temptation TO partY. spirit, thus unresus1'
emboldered, upheld by the GOvernmen. oil Inc nason,
would BE furnished to carry ont its schemes ana u,
trumpbs In violence an bocdsbed! What shan
hinder Let the administration OF the GoVernni.h'
change hahds-and ouch changes may De hefoshtLL
how surely would the same contests be reensctee py
way Of repnsas for past injuries and oPHese'one!
How would such contests be repested in Territories
and in States till TO yturovn mind, would be reveAied,
IN the very principle which you a.ums s;s.o1n.,or
in Government foIeteIiDg its speedy dissolution.
OF the particular considerations by which you nave
endeavored to support the fundamental principle OF
your reply, the first which demands notice Is 1at'
when you entered upon your onc o SI;iss IN
&" different forms, and by different enactments. hsd
you informed your MemOralists what these diierent
epecimen's' were, they might have been made sie
subject Of distinct examination. As II il, they can
only cay that they know Of no forms or eractnents
of Congress which could be binding on you as autho
taive or which you had reason even to regard as ev
oepce of the validity Of that Legislature DO you re-
fer 10 the act by which the usual appropriatlons
from the Treasury were made 7 Every one knows in
what manner and for what that act was passed
and that many who voted for it regarded and still re-
ga,d the Territorial Legislature as Downright usu,pa
flor or had they any suspicion that they were recog
nziI its validity. How this bill can nves. an act OF
usurpation with authority, your Memorali-ts are I'M
able % discover. What if the Legislature Of Connect
cu had, under the excitement Of party strife, even by
a formal act, recognized the usurpation which you
have supposed, nigh. not the Governor justly fall back
upon his own official prerogatve, call oct the militia
ana suppress the rebellion If he would be bound to
recognize such an usnIpation a. government having
authority, when could he ever suppressit without him
self becoming a rebel against the very authority
which he rec0gnizesl Apply this illustration to the
PIesden of the United States, and you will see that
the fundamental principle OF all your reasoning is AL
solu,ey suicidal and thus renders nugatory your en-
tire vindicaton. Did not President jackson, on his
own official responsibility as National Executive, get
at defiance alike the power, and the authority OF n
Sovereign State !! And can IerrtoIiai uov.rn,
mept rank with an independent State Sovereignty
Can Border Ruflianism, by any act OF Congress- be,
come entitled to reipect and support, as rightfu
lawmskng power, fiom the President Of the United
States This case is too fragrant The facts are too
notorious. No truly independent self-relying Pres.
dent who understood his official prerogave, and his
duty under the Constitution would have hestated to
Disregard direct act Of Congress 60 tyranniGa
and oppressive, and appeal to bis country and the
world for his vindicatiOn.
But DO such rying emergency was here presented.
With the solemn decision OF the House OF Representa-
tives after long nvestgation, that the Legislature OF
Kar sas had authority, and that its laws were no
lows-with that direct, positive and unimpeachable
evdeLce before you your Memoialists cannot but ex
press their surprise that you have relied upon yoN
construction Of Indirect nconcusive acts Of that same
booy az eridence of the authority of that Legislature
They know Of no rule Of law by which you can set up
constructive, in.rentia evidence against direct and
positive evidence from the same source. But this
proof you pass over in utter silence.
Abiding to the condition OF the Territory you speak
Of the course which you adopted as absolutely
necessary" and ask whether you would not have
"been justly condemned had you left' what you
assume TO be the government and its administration
"npotent," and thus have suffered It TO become an
object of contempt in the eyes Of the people. Our
rst reply to this view OF the is before, there
vss no TERRITORIAL government in Kansas to be exc
outed as you suppose. And again, ssy the usurped
goyernment ought to have Been rendered imPotcet,
and to have become an object OF con'emlt Ia the
Congress has passed law for the establishment OF q
government in this Territory, with this formal and
positive explanation that the people in the
Territory be left perfectly free to form and resu-
ate their domestic institutions in their own way.
Why, then, could not Governor OF Kansas have
been appointed at any time, acting under your au'
thoYty and with army under his control VINO
hspS hs people eo to and regulate
their domestic institutions, &c, o. well as employ
the army act the absurd and arcicsl part OF posse
comtaus to enforce, under your direction, territorial
laws which had no pretense OF authority WITHOUT
tayrg who were or who were not, the responsible
ocnators Of the troubles in kaasas can be doubted
that the President long before this time by the course
now suggested or some other might have put an end
10 these troublesl Has he not power to take care
that the laws and Of course that the law Of Con-
gress respecting Kansas" be faithfully executed -
You have intro duced several topics into your reply,
as that Of Slavery, the decision Of the supreme Count
IN the case Of bred Scott with others on which your
Meno,iasts have said nothing in their Memorial, and
Cd which they intend TO say nothing now, except to
express their dissent from your opinions.
I'll, needless to prolong this discussion Your whole
yindicaop if it has any ground, rests In the view Of
your Memoralists, upon one palpably false assump.
ton: That whatever claims TO be- government de
facto, without pretense Of its proceeding from any
rghiiu making power, Is entitled to your support.
The world has not usurpetion VIII Oh this pnci.
pie would not sanction. II adopted in the admni;tra
ton Of our Government it must involve, sooner or
lsier its destruction.
eaInestness Of your Memoriaists in unfolding what
they consider false principles in your positions on the
present subject. They speak of no want Of honesty
in your opinions, of sincerity in your svoWsl Of
Of tba, higher principle which God approves. They
speak only of what they consider eMor in your reason
ibss anu Of its consequences In political evils They
,udge lot the heart. They have Dot imputed TO you
any violation Of your osth OF Office, a. you have
thought ft TO charge Their language shows the
iruIy. They said, By the toIeg9,as you are held
Of is .hown by the connection to be the an Of Gov.
Walker that the President Of the United States is
" employing through hiln Walker, an amy, one
"puIpose Of which is 10 force the people Of Kansas
TO ODE, laws not their own, Of the United States