The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1857-09-12
TIE PEFsrpFNTs RrrLY-


Gentlemen On nv recent return to this
city, after fortnight's absence, your memo
rial, without date, vas placed IN my hands.
through the agency of Mr. lIoratio King. OF
the Post Office Department. to whom II had
been entrusted. From the distinguished
source whence It proceeds, well as It's Pc
culIar character, | nave deemed 1t proper TO
depart from my general rule in such cases,
and give II an answer.
You first assert that "The fundamental
principle of the Constitution Of the United
States, and of eur political Institutions, is
that the people shall make their own laws,
and elect their own rulers" You then ex-
press your grief and establishment that
should have violated this principle, and thrD'
Gov. Walker, haze employed an army, one
Of the purposes Of which i to force the PEG
lie of Kansas TO obey laws, not their own,
nor r the United States, but laws, which II
! uotor,,- Us aud established upon evidence,
they never .aade, al rulers they never
elected" ind - a corollary from the fore
going. YOU represent hat / am openly held
up, am; proclaimed 10 the crest deFogauon
of our National character, as 'loiat:hs III Us
most essential particular, the solemn oa'h
which the President has taken to sGppo!
the Constitution OF this Union"
These are heavy charges, proceeding from
gentlemen Of your high character, and if
well founded ought TO consign my name to
infamy. But in proportion TO their gravity,
common justice, to say nothing of Christian
charity, required that before making them
you should have clearly ascerta.ned that
they were well founded. If not, they will
rebound with whitening condemnation upon
their author. Have You performed this pre-
liminary toward the man who, however un-
worthy, is the Chief Magistrate OF your
country? If so, either you or | are labor
ing under a strange deluson. Should this
prove TO be your case, it will present a me
m Drable example Of the truth that political
prejudice is blind, even to the existence of
the plainest and most palpable historical
facts.
To these facts, let us refer When en-
tered upon the duties Of the Presidential
Office, on the fourth of March last, what was
the condition of Kansas?
This Territory had been organized under
an Act Of Congress, passed the 30th Of May,
1854, and the Government in all its branch
Is was in full operation. y Governor,
Secretary of the Territory, a Chief Justice,
two Associate Justices, Marshal and Dis
trict Attorney, had been appointed by my
predecessor, by and with the advice and con-
sent of the Senate, and were all engaged N
discharsing their respective duties. A code
Of laws had been enacted by the Territorial
Legislature, and the judiciary was employed
i'll expoundng, and carrying these laws into
effect.
1t is quite true that controversy had
previously arisen, respecting the election of
members TO the Territorial Legislature, and
Of the laws passed by them. But at the
time | entered upon my official duties, Con
gress had recognized the Legislature IN diff
ferent forms and by different enactmenis.
The Delegate elected TO the House of Repre-
sentatives, under a Territorial law, had just
completed his term of service on the day
previous to my Inauguration. In fact,
found the Government of Kansas as well
established as that of any other Territory.
Under these circumstances, what was my
duty? Was it not TO sustain this Govern
msnt; to protect it from the violence OF
lawless men who were determined to rule or
ruin; to proven. it from being overturned
by force; in the language of the Constitu-
ton, to " Take care that the laws be faith
fully executed 2"
1t was Tor this purpose, and this alone,
that ! ordered military force to Kansas, as
posse comitatus, aiding the Civil Magistrate
to carry the laws into execution. The con-
dition of the Territory at that time, which l
need not portray, rendered this precaution
actually necessary.
In this state of affairs, would l not have
been Justly condemned, had left the Mar
shall and other officers of like character,
impotent to execute the process and judg-
ments Of Court Of Justice, established by
Congress, or the Territorial Legislature, I'M
der Its express authOrity-and thus have
suffered the government itself TO become an
object of contempt in the eyes of the peo-
Pile? And yet this is what you designate as
forcing "the people of Kansas to obey laws,
not their own, nor of the Uni.ed States"
And for doing which, you have denounced
me as having violated my oath.
ask, what else could l have done, or
ought to have done? Would you have de-
sired that l should abandon the Territorial
Governmenty sanctioned as it has been, by
Congress, to illegal violence, and thus renew
the scenes Of civil war and bloodshed, which