A Family Paper, devoted to State Intelligence, the News of the World, Political Information, Southern Rights, Agriculture, Literature, and Miscellany.
Q BY JOHN J. PALMER,
EDITOR AND PROPRIETOR. J
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA.
$2 PER ANNUM
In Advance.
JLJME4.
Office on Main Street,
ONE DOOR SOUTH OF SADLER'S HOTEL.
TUESDAY, FEBRUARY 5, 1856.
NUMBER 28.
OP TIIK
Western WMmocxat
AND
tr
Having r. - ntly visited New-York, ami Be
ll . t- d from the old ami elegant
Foundry t.f Gen. Brace, Esq.,
A iiL'AXTrrr or
Jlrui nnMasjjionahUCinir,
We ar- now prepared to Execute
In tnc Bost Style,
iD0ID
multiply the lit suits,'
J . , ..f sin- i-i;d'i -lu ll nmximeof business.
0 -. S ' '
OUIil.KS Kl
pamphlet,
MANDRILLS,
C.K!S.
t iKt 1 !. AKS,
i CLERKS' RT JINKS
SHERIFF'S do.
CONSTAHLES' do.
, MAOISTKATESM...
I.AIKKLS,
ITTOKXEYS' do.
OB KK
Ucuiurcd ly the business Community,
wu.i. r.r. eK' I tki with
tvt izs a. t rr s s ?
,,)SP A T II
A 'D
.;u d err u.ij ::'u
... . s . S
Vnriovis Asinc3Ljs of
II LA A
I
ALWAYS ON HAND.
- u (f rttuto to (Drkr.GSj
S. V. IVESTBBOOMS,
Proprietor I" t lio Guilford
POM0L0GICAL
GARDENS
ANH
iXTvirseries,
lirol'l.h wnpeUfwHy call the attention of
V W 1 1 S ultu i n citivUfl to his s. ! ri rolW-C-lii.n
ut" native ami :iedin:ited v:iriii. t" l'KM TT
TREES, i MWwrit mot KOKTY THOUSAND
iiereef tin feBewing m kttf , t!: Apple, 1 :t r,
1 -:-1 . riiim. Apricot, Cheery, NtctaYiat', Ai
wnwd A!- a choice MMTtwal f GKAPE-
INKS. RaBpkmW, Strawberries. A c Vc.
CvAII orders, aecanManinl with the cash,
will i itb mmI at tent ion, :nl Ike tiers will
h n atlv packed and directed to any portion of
tit.- country.
IV S. PrCMM wishing Ornamental To-, s can
! tittli. !. Address Ql, Ixmi. N.
I . 4. I-.V. . :mm
Eating and Rcl i4Iiiiicii t
SALOON.
rBllll. andmsigsed takes this method t r
M. turn his thanks t his triinls for the libe
ral cncoura'incnt which has lfii t-nJ 1 to
him in Ins lin- of lmsin ss. anl to (Bfona ill in
that h- has m41 h;s stablishniMit to llr. .1. A1
kinson, who will continue the lmsiness at tin
MM stand. I shall P inain in the BMW, M
lier -tofore. and will 1h- happy to reivivi- the calls
of my frii-nds. as nsnal.
Freli Aorfblk Oytcrs
WW at all times lx kept on hand and
erred mm iu anv stvlc u-sir-d.
Fine Tobacco, Segars, Wines.
Brandies.
Aud the bet of Liquors generally,
Alwavs on hand.
MV..M.S. of such dishes as may he
calk d tor. s. r . ,1 up at all hours, in the most ap
proved style of t ookery.
Way Hoarder
At- taken, nmm reasonahle terms. Call at the
BatoM, two doors nonh of Kerr s TUh l. if von
desir. som. thiujr nice to at and drink aud to n--t
tiie inner mail.
W. H. JORDAN,
IVc 1-nVv tt for .1. Adkinson
FASHIONABLE TAILORINgT
THE subscriber announces
to the public generally, that he
is now receiving a large assort
ment of new
Cloths, Cassimeres
AND
1 for Gentlemen's wear, and will
be sold for Catk at a unall !f;t
der according to the latest style's. Shop next
.wm w cims' grocery store.
cPt- 29, 1854. 10-tf D. L. RE A.
in ...
i
BE EARNEST
lie earnest straggle on, and up,
The ragged hill of life ;
Drink to the dregs the brimming cup,
Of earnest toil and strife.
Rouse dream not all thy hours away,
Labor and toil, aud strive ;
This is no world for idle play ;
A reckoning must arrive.
Be earnest gird thine armour on,
Look not at praise of men ;
Look for the praise of only one,
The Great and Holy Lamb.
lie earnest wake thy sluggish soul,
Rouse for the noble fight :
Give up thy heart: yea, give the whole;
And work, with all thy might.
Rest not place high aloft thj mark,
Place it in Heaven above,
TWea aim; periapt the way'U s. eni dark,
The light will conn Ged Love.
Be earnest stup not, no delay
At in the pre ut hour ;
Y. a, art; rim acting, humbly pray,
TkU o.d .ll!d give thee power.
Reearuest .lu.iijrh thy labor seem
To th. i . to c xue to nought,
Wotk oi. re long a lleaveuly gleam
Will shW wliat thou hast wiouglit.
Re ratO i the (Jreat Master toiled,
Atul iimyed, and why not we 1
I! Mil -i in th" service of
Hint, the "(lii'.-ii One in Three-"
And w1m-u at bmt, thy toil is e'er,
M ie n (JeallTs ilaik hour shall come,
1 in u'ltli ar the welcome ines.-age sound,
- r-ant, thou well bast done."
ENCOURAGE THIS KNOCKING.
rBlHK nnhiMigtied bega h ave
ft. to return his t banks to those
arha Bivored him with call dur
ing the 1 it year; and he would
respectfully iufaMTUI the public that
be has n UOVed to the Maehiue
Rhop formerly orcapied by M ssrs. fteotvr iV
W bisnant, adjeouag Mr. J. Uu lisill's fleam
Planing Mills, where be is prepared to execute
all work in his line as cheap and as, good as can
be don.- in the State.
Taraing, Cut tin? Screws, 11 ensur
ing Boilers ami Engines of all
descriptions, Making and Re
pairing Mill Spindles, Wood
Plainer?, Making Ploughs, Iron
ing Wagons; and in Ilorse-Shoe-ing,
&c.. we challenge any one
feting Shoes l 2"), common dittti Si, c:ist-
Ste. l toes, or Steel plate,
S J. PERRY.
. 1!. Mr. W. BEARD, the Gun and Lock
Smith can he found at the above- establishment.
Charlotte, Jan. I, 1856.tf S. J. P
CARRIAGE SHOP.
2a fijifi
THE SUBSCRIBER 15E(.S leave to in
form his frient'.s and the public generally , that
be is sti I carrying on the C arrlag
Iakin IJtt.iiH'ss in all its various
branches with all the increased facilities af
forded by modern improvements. He has now
on hand a large number of BUGGIES, CAR
R I AGES, ROCKAW AYS, fee., made on the
most approved styles out of the best material,
to which he asks the inspection of purchasers.
Mis establishments is on College and Depot
streets, where he will be glad to see his
menus.
JOHN BARTY.
1-tf
July 2S, 1 855.
SADDLES & HARNESS.
THE
SfBSCK
RKKS
B31D
SwETA86 enered into co.
M III Ipartnershin and open.'
ed a new Saddle and Harness
Manufactory,
AT K. SHAW'S OLD STAND,
In Skim s' BaiCK ('ornf.r BuiLDine,
where they have constantly on hand a large
and splendid assortment of
Saddles, Bridles, Ianit'ss,&c
oi every tlescription, according to the most
approved style and fashion of the day. They
are also prepared to manufacture anything in
their line in the most substantial and work
manlike manner and better than the best.
We respectfully invite the public to call
and examine for themselves.
Repairing done at short notice and with
neatness and dispatch.
SHAW & PALMER.
March 2, 1835. 32 If
S. M. HOWELL,
Saddle 6l Harness Manufacturer,
(Three doors south of Sadler's Hotel,)
CHARLOTTE, N. C.
THE subscriber thankful
for the very liberal patron
age bestowed upon him dur
ing the past year, has now
made more extersive pre
H T-
paration tor the future de
mand for work in his line,
and will endeavor to furnish
U all that may want Saddles
and Harness, with a superior article at the
lowest possible prices. He has now on hand
a very large assortment ot
Saddle, BriJUs, Hmrness, Saddlery Hard
ware, Whip, Buffalo Robes, Sad
dle Cloths, Skirtings, Hog
Skins, Patent En
amelled and Harness Leather,
together with every thing usually kept in my
line of business.
&?"Aii kinds of Saddles and Harness made
at the shortest notice.
CP" Repairing promptly executed.
S. M. HOWELL.
Oct 23, 1855. 13-tf
Cash paid for Hides.
1MIE highest prices will be paid lor hides
by S. M. HOWELL.
3 doors south cf Sadler's Hotel.
Caarle""' Oct. 30-6m
PRESIDENT'S MESSAGE
UT RELATION TO
KANSAS AFFAIRS.
Washington, January 24, 1850.
To the Senate and House of Representatives :
Circumstances have occurred to disturb
the course of governmental organization in
the Territory of Kansas, and produce there
a condition of things which renders it in
cumbent on me to cull your attention to the
subject, and urgently recommend the adop
tion by you of such measures of legislation
as the grave exigencies of the case appear
to require.
A brief exposition of the circumstances
referred to, and of their causes, will be
necessary to the full understanding of the
recommendations which it is proposed to
submit.
The act to organize the Territories of
Nebraska and Kansas was a manifestation
of the legislative opinion of Congress on
two gr :it points of constitutional construc
tion: One, that the designation of the
boundaries of a new Territory, and pro
vision for its political organization and ad
ministration as a lerntory, are measures
whic h of right fall within the powers of the
General Government; and the other, that
the inhabit antfl of any such Territory, con
sidered as an inchoate State, are entitled,
in the exercise of self-government, to de
termine for themselves what shall be their
own domestic institutions, subject only to
the Constitution and the laws duly enacted
by Congress under it, and to the power of
the existing States to decide, according to
the provisions and principles of the Consti
tution, at what time the Territory shall bo
received as a State into the Union. Such
are the great political rights which are
solemnly declared and affirmed by that act.
Based upon tluV theory, the tet of Con
gress defined for eac h Territory the outlines
of republican government, distributing pub
lic authority among lawfully-created agents
executive, judicial, and legislative to be
appointed either by the General Government
or by the Territory. The legislative func
tions were entrusted to a Council and a
House of ltepresentatives, duly elected and
empowered to enact all the local laws which
they might deem essential to their pros
perity, happiness and good government.
Acting in the same spirit, Congress also
defined the persons who were in the first
instance to be considered as the people of
each Territory ; enacting that every free
white male inhabitant of the same, above
the age of twenty-one years, being an ac t ual
resident thereof, and possessing the qualifi
cations hereafter described, should be en
titled to vote at the first election, and be
eligible to any office within the Territory ;
but that the qualifications of votergaj.y
should be such as might be prescribed by
tho Legislative Assembly : Provided, how
ever, that the right of suffrage and of hold
ing office should be exercised only by
citizens of the United States, and those who
should have declared on oath tl r intention
to become such, and have taken an oath to
support the Constitution of the United States
and the provisions of the act : And provided,
further that no officer, soldier, seaman, or
marine, or other person in the army or navy
of the United States, or attached to troops
in their service, should be allowed to vote
or hold office in either Territory by reason
of being on servic e therein.
Such of the public officers of the Terri
tories as, by the provisions of the act, were
to be appointed by the General Govern
ment, inc luding the Governors, were ap
pointed and commissioned in due season
the law having been enacted on the 30th of
May, 154, and the commission of the
Governor of the Territory of Nebraska being
dated on the 2d clay of August, 1854, and of
the Territory of Kansas on the 29th day of
June, 1854.
Among the duties imposed by the oct on
the Governor was that of directing and
superintending the political organization of
the respective Territories. The Governor
of Kansas was required to cause a census
or enumeration id" the inhabitants and quali
fied voters of the several counties and
districts of the Territory to be taken bv
such persons and in such mode as he might
designate and appoint ; to appoint and direct
the time and places ot holding the first
elections, and the manner of conducting
them, both as to the persons to superintend
such elections and the returns thereof; to
declare the number of the members of the
Council and House of Representatives for
each county or district; to declare what
persons might appear to be duly elected ;
and to appoint the time and place of the
first meeting of tire Legislative Assembly.
In substance, the same duties were devolved
on the Governor of Nebraska.
While, by this act, the principle of con
stitution for each of the Territories was one
and the same, and the details of organic
legislation regarding both were as nearly
as could be identical, and while the Terri
tory of Nebraska was tranquilly and suc
cessfully organized in the due course of
law, and its first Legislative Assembly met
on the Kith of January, 1855, the organiza
tion of Kansas was long delayed, and has
been attended with serious difficulties and
embarrassments, partly the consequence of
local mal-administration, and partly of the
unjustifiable interference of the inhabitants
of some of the States, foreign by residence,
interests, and rights to the Territory.
The Governor of the Territory of Kansas,
commissioned, as before stated, on the 29th
of June, 1854, did not reach the designated
seat of his government until the 7th of the
ensuing October; and even then failed to
mak.j the first step in its legal organization
that of ordering the census or enumera
tion of its inhabitants until so late a day
that the election of the members of the
Legislative Assembly did not take place
until the 30th of March, 1855, nor its meeting
until the second of July, 1855 ; so that, for
a year after the Territory was constituted
by the act of Congress, and the officers to
be appointed by the Federal Executive had
been commissioned, it vas without a com
plete government, without any legislative
authority, without local law, and of course
without the ordinary guarantees of peace
and public order.
In other respects the Governor, instead
of exercising constant vigilance and putting
forth all his energies to prevent or counter
act the tendencies to illegality which are
prone to exist in all imperfectly-organized
and newlv-aesociated communities, allowed
his attention to be diverted from official
obligation by other objects, and himself set
an example "of the violation of law in the
performance ot acts which rendered it my
duty, in the sequel, to remove him from the
office of chief executive magistrate of the
Terrib ry.
Before the requisite preparation was ac
complished for ' election of a Territorial
Legislature an election of Delegate to Con
gress had been held in the Territory on the
29th day of November, 1854, and the Dele
gate took his seat in the Houe of Repre
sentatives without challenge. If arrange
ments had been perfected by the G vernor
so that the election for members of Legis
lative Assembly might be held In the several
precincts at the same time as for Delegates
to Congress, any question appertaining to
the qualification of the persons voting as
people of the Territory would have passed
necessarily and at once under the supervi
sion of Congress, as the judge of the validity
of the return of the Delegate, and would
have been determined before conflicting
passions had become inflamed by time and
before opportunity could have been afforded
for systematic interference of the people of
individual States.
Tli is interference, in so far as concerns
its primary causes and its immediate com
mencement, was one of the incidents of that
pernicious agitation on the subject of the
c ondition of the colored persons held to
service in some of the States which has so
long disturbed the repose of our country,
and excited individuals, otherwise patriotic
mil law-aoiuing, to ion wim uusuui-ua-u
zeal in the attempt to propagate their social
theories by the perversion and abuse of the
powers of Congress.
The persons and parties whom the tenor
of the act to organize the Territories of
Nebraska and Kansas thwarted in the en
deavor to impose, through the agency of
Congress, their particular views of social
organization on the people of the future new
States, now perceiving that the policy of
leaving the inhabitants of each State to judge
for themselves in this respect, was ineradi
cably rooted in the convictions of the people
of the Union, then had recourse, in the
pursuit of their general object, to the ex
traordinary measure of propagandist colo
nization of the Territory of Kansas, to
prevent the free and natural action of its
inhabitants in its internal organization, and
thus to anticipate or to force the determina
tion of that question in this inchoate State.
With such views associations were or- j
ganized in some of the States, and their
purposes were proclaimed through the press '
in language extremely irritating and ofieu
give to those of whom the colonists were to
become the neighbors. Those designs and
acts had the necessary consequence to j
awaken emotions of intense indignation in
States near to the Territory of Kansas, and
wlujsedomesue pXCinrSfS of Missouri,,
directly endangered ; but they are far from j
justifying the illegal and reprehensible
counter-movements which ensued.
Under these inauspicious circumstances
the primary elections for members of the I
Legislative Assembly were held in most, if j
not all, of the precincts at the time and the
places and by the persons designated and
appointed by the Governor according to
iaw. 1
Angry accusations that illegal votes had
been polled abounded on all sides, and im
putations were made both of fraud and
violence. But the Governor, in the exer
cise of the power and the discharge of the
duty conferred and imposed by law on him
alone, officially received and considered the
returns, declaring a large majority of the
members of the Council and the House of
Representatives "duly elected;" withheld
certificates from others because of alleged
illegality of votes; appointed a new election
to supply the place of the persons not certi
fied; and thus at length, in all the forms of
statute, and with his own official authenti
cation, complete legality was given to the
first Legislative Assembly of the Territory.
Those decisions of the returning officers
and of the Governor are final, except that,
by the parliamentary usage of the country
applied to the organic law, it may be con
ceded that each House of the Assembly must
have been competent to determine, in the
last resort, the qualifications and the elec
tion of its members. The subject was, by
its nature, one appertaining exclusively to
the jurisdiction of the local authorities of the
Territory. Whatever irregularities may
have occurred in the elections, it seems too
late now to raise that question. At all
events it is a question as to which, neither
now nor at any previous time, has tho least
possible legal authority been possessed by
the President of the United States. For all
present purposes the legislative body, thus
constituted and elected, was the legitimate
assembly of the Territory.
Accordingly, the Governor, by proclama
tion, convened the Assembly thus elected
to meet at a place called Pawnee City.
The two Houses met, and were duly organi
zed in the ordinary parliamentary form ;
each sent to and received from the Governor
the official communications usual on such
occasions; an elaborate message opening the
session was communicated by the Governor;
and the general business of legislation
was entered upon by the Legislative As
sembly. Hut, after a few days, the Assembly re
solved to adjourn to another place in the
Territory. A law was accordingly passed,
against the consent of the Governor, but in
due form otherwise, to remove the seat of
Government temporarily to the "Shawnee
manual-labor school," (or mission,) and
thither the Assembly proceeded. After this,
receiving a bill tor the establishment of a
ferry at the town of Kickapoo, the Gov
ernor refused to sign it, and, by special
message, assigned for reason of refusal, not
any thing objectionable in the bill itself, nor
any pretence of the illegality or incompe
tency of the Assembly as such, but only the
fact that the Assembly had by its act trans
ferred the seat of government temporarily
from Pawnee City to Shawnee Mission. For
the same reason he continued to refuse to
sign other bills, until, in the course of a
few days, he, by official message, commu
nicated to the Assembly the fact that he had
received notification of the termination of
his functions as Governor, and that the
duties of the office were legally devolved on
the Secretary of the Territory ; thus to the
last recognizing the body as a duly-elected
and constituted Legislative Assembly.
It will be perceived that if any constitu
tional defect attached to the legislative acts
of the assembly, it is not pretended to con
sist in irregularity of election or want of
qualification of the members, but only in the
change of its place of session. However
trivial the objection may seem to be, it re
quires to be considered, because upon it is
founded all that superstructure of acts,
plainly against law, which now threatens the
peace, not only of the Territory of Kansas,
but of the Union.
Such an objection to the proceedings of
the Legislative Assembly was of exception
able origin, for the reason that, by the ex
press terms of the organic law, the seat of
government of the Territory was "located
temporarily at Fort Leavenworth ; and yet
the Governor himself remained there less
than two months, and of his own discretion
transferredthe seat of government to the
Shawnee Mission, where it in fact was at the
time the Assembly were called to meet at
Pawnee City. If the Governor had any
such right to change temporaily the seat of
government, still more had the Legislative
Assembly. The objection is of exceptiona
ble origin for the further reason that the
place indicated by the Governor, without
having any exclusive claim of preference in
itself, was a proposed town site only, which
he and others were attempting to locate un
lawfully upon land within a military reser
vation, and for participation in which illegal
act the commandant of the post, a superior
officer of the army, has been dismissed by
sentence of court-martial.
Nor is it easy to say why the Legislative
Assembly might not with propriety pass the
Territorial act transferring its sittings to the
Shawnee Mission. If it could not, that must
be on account of some prohibitory or in
compatible provision or act of Congress.
But no such provision exists. The organic
act, as already quoted, says "the seat of
government is hereby located temporarily
at Fort Leavenworth;" and it then provides
that certain of the public buildings there
"may be occupied and used under the direc
tion of the Governor and Legislative Assem
bly." These expressions might possibly
be construed to imply that when in a pre
vious section of the act it was enacted that
"the first Legislative Assembly shall meet
at such place and on such day as the Gov
ernor shall appoint," the word " place "
means place at Fort Leavenworth, not place
any where in the Territory. Tf so, the Gov
ernor would have been the first to err in this
matter, not only in himself having removed
the seat of government to the Shawnee Mis
sion, but in again removing it to Pawnee
City. If there was any departure from the
letter of the law, therefore, it was his in both
instances.
But, however this may be, it is most un
reasonable to suppose that by the terms of
the organic act Congress intended to do
impliedly what it has not done expressly
that is, to forbid to the Legislative Assem
bly the power to choose any place it might
tions. That is proved by the si&nihcant
language of one of the subsequent acts of
Congress on the subject, that of March 3,
1855, which in making appropriation for
public buildings ot the 1 erritory, enacts that
the same shall not be expended "until the
Legislature ot said I erritory shall have fix
ed by the law the permanent seat of gov ¬
ernment." Congress in these expressions,
does not profess to be granting the pow
er to fix the permanent seat of govern
ment, but recognises the power as one al
ready granted. But how ? Undoubtedly
by the comprehensive provision of the or
ganic act itself, which declares that " the
legislative power of the Territory shall ex
tend to all rightful subjects of legislation
consistent with the Constitution of the Unit
ed States and the provisions of this act."
If, in view of this act, the Legislative As
sembly had the large power to fix tho per
manent seat of govegnment at any place in
its discretion, of course by the same enact
ment it had the less and the included power
to fix it temporarily.
Nevertheless, the allegation that the acts
of the Legislative Assembly were illegal by
reason of this removal of its place of session
was brought forward to justify the first
great movement in disregard of law within
the Territory. One of the acts of the Leg
islative Assembly provided for the election
of a Delegate to the present Congress, and
a Delegate was elected under that law.
But, subsequently to this, a portion of the
people of the Territory proceeded without
authority of law to elect another Delegate.
Following upon this movement was an
other and more important one of the same
general character. Persons confessedly not
constituting the body politic, or all the in
habitants, but merely a party of the inhab
itants, and without law, have undertaken to
summon a convention for the purpose of
transforming the Territory into a State, and
have framed a constitution, adopted it, and
under it elected a Governor and other offi
cers aud a Representative to Congress.
In extenuation of these illegal acts, it is
alleged that the States of California, Michi
gan, and others were self organized, and, as
such, were admitted into the Union without
a previous enabling act of Congress. It is
true that, while in a majority of cases a
previous act of Congress has been passed to
authorize the Territory to present itself as
a State, and that this is deemed' the most
regular course, yet such an act has not been
held to be indispensable, and, in some cases,
the Territory has proceded without it, and
has nevertheless been admitted into the
Union as a State. It lies with Congress to
authorize before hand or to confirm after
wards, in its discretion ; but iu no instance
has a State been admitted upon the applica
tion of persons acting against authorities
duly constituted by act of Congress. In
every case it is the people of the Territory,
not a party among them, who have the power
to form a constitution and ak for admission
as a State. No principle of public law, no
practice or precedent under the Constitu
tion of the United States, no rule of reason,
right, or common sense confers any such
power as that now claimed by a mere party
in trjp Territory. In fact, what has been
done is of a revolutionary character. It is
avowedly so in motive and in aim as respects
fbe local law of the Territory. It will be
come treasonable insurrection if it reacli
the length of organized resistance by force
to the fundamental or any other federal law
and to the authority of the General Gov
ernment. In such an event the path of duty for the
Executive is plain. The Constitution re
quiring hpTi to take care that the laws of the
United States be faithfully executed, if they
be opposed in the Territory of Kansas he
may and should place at the disposal of the
marshal any public force of the U. States
which happens to be within tho jurisdiction,
to be used as a portion of the posse comita
tus ; and, if that do not suffice to maintain
order, then he may call forth the militia of
one or more States for that object, or em
ploy for the same object any part of the land
or naval force of the United States. So also
if the obstruction be to the laws of tho Ter
ritory and it be duly presented to him as a
case of insurrectioa, ho may employ for its
suppression the militia of any State or the
land or naval force of the United States.
And if the Territory be invaded by the citi
zens of other States, whether for the purpose
of deciding elections or for any other, and
the local authorities find themselves unable
to repel or withstand it, they will be entitled
to, and upon the fact being fully ascertain
ed they shall most certainly receive, the
aid of the General Government.
But it is not the duty of tho President of
the United States to volunteer interposition
by force to preserve the purity of elections
either in a State or Territory. To do so
would be subversive of public freedom. And
whether a law be wise or unwise, just or un
just, is not a question for him to judge. If
it be constitutional that is, if it be the law
of the land it is his duty to cause it to be
executed, or to sustain the authorities of any
State or Territory in executing it in oppo
sition to all insurrectionary movements.
Our system affords no justification ot re
volutionary act; for the constitutional means
of relieving the people of unjust administra
tion and laws, by a change of public agents
and by repeal, are ample, and more prompt
and effective than illegal violence. These
constitutional means must be scrupulously
guarded this great prerogative of popular
sovereignty sacredly represented.
It is the undoubted riifht of the peacea
ble and orderly people of the Territory of
Kansas to elect their own legislative body,
make their own laws, and regulate their own
social institutions, without foreign or domes
tic molestation. Interference, on the one
hand, to procure the abolition or prohibi
tion of slave labor in the Territory has pro
duced mischievous interference, on the oth
er, for its maintenance or introduction.
One wrong begets another. Statements en
tirely unfounded, or grossly exaggerated,
concerning events within the Territory, are
sedulously diffused through remote States
to feed the flame of sectional animosity
there ; and the agitators there exert them
selves' indefatigably in return to encourage
and stimulate strife witnm tne 1 erritory.
The inflammatory agitation, of which the
present is but a part, has for twenty years
produced nothing save unmitigated evil,
North and South. But for it the character
of the domestic institutions of the future new
State would have been a matter of too lit
tle interest to the inhabitants of the conti
guous States, personally or collectively, to
p wjoui i.rj wnticai .
Climate, soil, production, hops of rapid ad
vancement, and the pursuit of happiness on
the part of the settlers themselves, with
good wishes but with no interference from
without, would have quietly determined tho
question which is at this time of such dis
turbing character.
But we are constrained to turn our atten
tion to the circumstances of embarrassment
as they now exist. It is the duty of the
people of Kansas to discountenance every
act or purpose of resistance to its laws.
Above all, the emergency appeals to the
citizens of the States, and especially of those
contiguous to the Territory, neither by in
tervention of non-residents in elections, nor
by unauthorized military force, to attempt
to encroach upon or usurp the authority of
the inhabitants of the Territory.
No citizen of our country should permit
himself to forget that he is a part of its Gov
ernment, and entitled to be heard in the de
termination of its policy and its measures ;
and that, therefore, highest considerations
of personal honor and patriotism require
him to maintain, by whatever of power or
influence he may possess, the integrity of
the laws of the Republic.
Entertaining these views, it will bo my im
perative duty to exert the whole power of
the Federal Executive to support public or
der in the Territory ; to vindicate its laws,
whether federal or local, against all attempts
of organized resistance ; and so to protect
its people in the establishment of their own
institutions, undisturbed by encroachment
from without, and in the full enjoyment of
the rights of self government assured to them
by the Constitution and the organic act of
Congress.
Although serious and threatening distur
bances in the Territory of Kansas, announ
ced to me by the Governor in December
last, were speedily quieted without the effu
sion of blood, and in a satisfactory manner,
there is, I regret to say, reason to apprehend
that disorders will continue to occur there,
with increasing tendency, to violence, until
some decisive measure be taken to dispose
of the question itself which constitutes the
inducement or occasion of internal agitation
and of external interference.
This, it seems to me, can best be accom
plished by providing that, when the inhabi
tants of Kansas may desire it, and shall be
of sufficient numbers to constitute a State,
a convention of delegates, duly elected by
the qualified voters, shall assemble to frame
a constitution, and thus to prepare, through
regular and lawful means, for its admission
into the Union as a State.
I respectfully recommend the enactment
of a law to that effect.
I recommend, also, that a special appro
priation be made to defray any expense
which may become requisite in the execu
tion of the laws or the maintenance of pub
lic order in the Territory of Kansas.
FRANKLIN PIERCE.
Tragedy in the Court Room. In
Washington, Mo., on Saturday week a gun
smith named Harrison was on trial for sev
eral burglaries, which, it was charged, he
had committed. During the trial it was dis
closed that he had violated the person of
his step daughter, a girl of 17, and by threats
against her life had induced her to keep the
secret. The girl's brother, who was pres
ent, left the Court-room, procured a pistol,
loaded it, returned to the Court -room, plac
ed the pistol to Harrison's head, discharged
the pistol, and left him a lifeless corpse in
the presence of the magistrates. The young
man was tried immediately, and discharged
from custody.
enrol intelligence.
MEN FOR KANSAS.
We have learned with great satisfaction
that a corps of three hundred men has been
organized in Abbeville District, for the pur
pose of proceeding to Kansas, under the di
rection of Mr. B. Posey, late of the Inde
pendent Press. This is a most excellent
movement, and one that will commend
self to general approval. We trust, rporo
ovor, that it will bo followed up 1 othor
parts of the State. In the great cause of
the South and of the Constitution, South
Carolina has hitherto performed a promi
nent part. In the Councils of the Confed
eracy, she has long pleaded for this cause
with eloquence, zeal and signal ability ;
and now when it is at issue on tho plains of
Kansas, we would have our Stato prepared,
even there, to assist in its maintenance.
Long have the people of tho South been
"talking to the winds," and passing idle re
solutions, and this has been done to no pur
poj? has given to us neither idemnity for
the past nor security for the future. For
conscience sake, let "action" be our motto
hereafter.
Our constitutional and equal rights in the
Union are imperilled in Kansas; as we have
remarked before, "a practical issue" stares
us broadly in the face, and we entreat our
fellow-citizens of the South to meet it as bo
coines freemen aud men. Columbia Carolinian.
VIRGINIA AND THE FUGITIVE
SLAVE LAW.
A select committee of the Virginia House
of Delegates has reported a bill "to protect
James Parsons, jr., of Hampshire, and other
citizens of the Commonwealth, in the pro
secution and maintenance of their constitu
tional rights." The said Parsons is now
under recognizance to appear before tho
county court of Blair county, Pa., to an
swer to the charge of kidnapping, under tho
laws of said State, ho having pursued to
Said county and endeavored to reclaim a
fugitive slave, in pursuance of the provis
ions of the act of Congress known as tho
"fugitive slave law."
The bill prohibits the said Parsons, u ndor
a penalty of $G,000, from appearing and
pleading to the charge aforesaid, and pro
vides that tho commonwealth of Virginia
omul assume on 111s oenait an costs, fines,
forfeitures, &c, incurred by his non-appearance
tho amount to be paid by the
Governor out of the contingent fund. The
bill further provides that if tho said Par
sons shall hereafter be arrested and impris
oned upon the charge aforesaid, the Gov
ernor of Virginia is directed to demand his
immediate surrender, and in default thereof
shall cause the writ of habeas corpus to bo
applied for, dec. If his release be not then
effected, the Governor is directed, ten days
after the proclamation, to seize and impris
on all citizeus, and to seize and hold all
property of the State of Pennsylvania and
of citizens thereof, until the release and sur
render of said Parsons. For the enforce
ment of the proceedings contemplated by
this proposed law, the Governor is author
ized to call upon and command the services
of all civil and military officers of the State,
and all private citizens whatsoever, &c. It
is further provided that tho provisions of
this bill shall be extended to any other ci
tizen of Virginia who may hereafter bo
placed in the situation of said Parsons,
&C. fj
Religious Bigotry. OToanoH de
scribes religious bigotry in the following
nervous language;
"She has no head, and cannot think ; no
heart, and cannot feel ! When she moves, it
is in wrath; when she pauses, it is iu ruin ;
her prayers are curses; her God is a demon ;
her communion is death; her vengeance is
eternity ; her decalogue is written in the
blood of her victims ; and if she stops for a
moment in her infernal flight, it is upon a
kindled rock, to whet her vulture fang for
a more sanguinary desolation."
Gross Superstition. At the execution
of Hubbard a few days ago, in Wabash
county, in this State, for the murder of tho
French family, after he was entirely dead,
the enclosuro was taken down and more
than five hundred persons went in and
touched him, giving their reasons for so
doing that it would in the future protect
them from witchcraft. The ropo that be
was hung with the crowd afterwards took,
cut it up in small pieces, and divided it out
among them, to act as a charm in protect
ing them in the future from ague and all
other diseases. Surely this is the quintes
sence of superstition. Terre Haute ( Ind.)
Expre&i.
War's Doings. According to the Alba
ny Evening Journal, the entire number of
men killed by the wars of 1855 is over .'J00,
000. Seventy-three battles have been
fought, and no such bloody record has been
presented in any year since the days of the
field of Waterloo.
VST The number of Revolutionary Sol
diers grows less aud less. It is now
reduced to 726. The number of revo
lutionary widows receiving pensions is
CF"No man can avoid his own company,
j so he had hotter make it as good as possible.