Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-10-09
WHOLE NO. 266O.

eh'hi government anu laws. except IN ne-
rision and with loathinga Is a bogus gov
ernment-government: Arc bogus laws
laws; Is this government established"
aud are these laws enacted'-and vet
known to possess no other or higher authori-
ty than that derived from Border Rutfans9
Are We, the people of the United States"
to be stultiiied into the belief of such dog
ma For that result, wait at least for the
more absolute dominion Of a tyrant
Your Memoralsts will now present what
they consider the fundamental error of your
reply In their view, in recognizing the Ter
rtoral Government and Laws of Kansas as a
genuine Government and valid Laws, YOU
have perverted the general principle upon
which you rest your vindicatien, and have vi
olated It's essential spirit and meaning.
That general principle may be thus stated
When rules of action. claiming to be valid
laws present, on the first aspect, evidence
that they proceed from rightful law-making
power. it is the duty of the people and the
executors of law to recognise them as author
itative. To this, general principle, your
Memorialists subscribe. 1t is the only means
of giving practical authority to law. and of
preventing violence and anarchy nor do they
yield to any man or class of men higher es-
innate of its Importance, or a firmer determi-
N"Ni'A W dhNpA anu utltlu IL. tNdu themselves
cherish. But TO say that ALL governments
and ALL laws, claiming to be valid, must be
recognized, executed and obeyed as SUCH is
as preposterous as to deny the general prn-
ciple itself. To mistake the general rule for
a unicersai rule, the conditional for an uncon-
ditional principle, must lead to false reason
ing and to practical conclusions of the most
dangerous character. This in the view of
your Memoriaists. who believe that none are
too wise or too good to err, is what YOU they
trust Inadvertently have done
In recognizing the Territorial Government
and laws as authoritative have you not viola
ted the whole spirit and meaning of the gen.
eral principle laid down; Have you not
wholly disregarded the essential condition,
that the only government which it is your
duty to sanction must present some Evidence
of rightful authority; You recognize the
Territorial laws as valid. What is this but
to act upon the principle that, when the So
called government and laws come before you,
without the shadow of evidence Of their pro-
ceeding from a rightful law making power, but
with the most decisive and overwhelming
proof that they have originated in palpable
and violent usurpation-that even then--even
in case so fragrant it is your duty to sustain
and execute them, even by the armies of the
United States
Your Memorialists are here anxious to call
your attention to an important distinction
which you appear entirely to overlook. They
readily concede that, in cases of no unfre-
quent occurrence. one government may prop
erly recognize another as authoritative. or as
government de fdcto, on very low degree
of evidence, without rigidly investigating its
authority, or even considering its origin. For
/ pXannlp tha Of Groat Rr;tain
when Louis Napoleon was enthroned in
France by the army Of the Empire, and with
the acquiescence and consent of the people,
had no right to Interfere with a government
thus established. The British as a foreign
Government had no right Of question or of
control in the matter. But does it follow,
because the Government of Great Britain had
no right to interfere with what was an unde-
! niablo usurpation, in a foreign kingdom, that
the Government of the United States had no
right, and were not bound, to interpose and
put down. in one of their oion Territories, a
rufiian usurpation from Missouri In respect
to France, there was reason enough why 9TH
er nations for purposes Of national intercourse
should recognize its present government as an
- established government But is not the
Constitution of the United States the su-
preme law of'the land; Has not our Govern
mcnt the right to authorize and regulate the
government of its own Territories Can
Congress or the President abandon this right
or the duty which arises from it If this
Government owes any duty whatever to the
country is it not most sacredly bound to pro-
toct both State and Territory against the inn
position of government and laws by ruff
fan and violent invasion from another State
Your Memorialists, then, strenuously insist
that the only principle on which recognition
can ever be justified, is that there is some ev-
idenee. be it more or less, that the govern
ment PROCEEDS FROM AN AUTHORIZED LAW
MAKING POWER. And they further y.sist,
that when such government is within odr own
borders, under the supervision and control of
the Federal Government, and claiming to de-
rive all its sanction from law of Congress,
THE EVIDENCE OF ITS AUTHORITY MUST BE
CLEAR AND DECISIVE. But how is it when
there is no such evidence How is it when
all the evidence is strong against its authori-
ty; How is it when there is the best evid-
ence the case admits of, even decisive unques-
tionable proof, that the so-called government
has no other authority than rufhanism and
outrage? Is such government" to be
practically recognized. and that too within
the limits of our own Republic There sure
ly may be cases in which it would be gross
wrong 70 sustain Il ieIlltOfldl oONeGnment
which has no authority And now, we ask,
what government could you refuse to sustain,
if not one that had its origin SOLELY IN Vi
olont invasion of ruflians from another State.
This fact in the present case can be denied
SO can Cod when his sun shineth in the hea-
ysns
This usurped Government cannot be sane
toned by the law of Congress authorizing the
formation Of Territorial Government. That
law declares that " the true intent and mean
ing of this act is to leave the people (of the
Territory perfectly free to regulate their do
mestie Institutions in their own way, subject
! only to the Constitution Of the United States
To rnE PEOPLE. and them alone, it expressly
gives the right to make their own government
and laws. Hero is no sanction, no authority.
for government not framed by the people,
but founded solely on invasion. Can this law
enthrone in rightful sovereignty bandits from
a neighboring States AS well say that it au-
thorized them to seize every acre of Kansas
for their own use and behoof 1t can as well
deprive the people of one right as of another,
Of all rights as Of one. 1t is said that Con-