Chapter IX: Part 9

But the good sense of the people and the vital force of the Constitution triumphed over sectional prejudice and the political errors of the day, and the State of Texas returned to the Union as she was, with social institutions which her people had chosen for themselves and with express agreement by the reannexing act that she should be susceptible of subdivision into a plurality of States.

Whatever advantage the interests of the Southern States, as such, gained by this were far inferior in results, as they unfolded in the progress of time, to those which sprang from previous concessions made by the South.

To every thoughtful friend of the Union, to the true lovers of their country, to all who longed and labored for the full success of this great experiment of republican institutions, it was cause of gratulation that such an opportunity had occurred to illustrate our advancing power on this continent and to furnish to the world additional assurance of the strength and stability of the Constitution. Who would wish to see Florida still a European colony? Who would rejoice to hail Texas as a lone star instead of one in the galaxy of States? Who does not appreciate the incalculable benefits of the acquisition of Louisiana? And yet narrow views and sectional purposes would inevitably have excluded them all from the Union.

But another struggle on the same point ensued when our victorious armies returned from Mexico and it devolved on Congress to provide for the territories acquired by the treaty of Guadalupe Hidalgo. The great relations of the subject had now become distinct and clear to the perception of the public mind, which appreciated the evils of sectional controversy upon the question of the admission of new States. In that crisis intense solicitude pervaded the nation. But the patriotic impulses of the popular heart, guided by the admonitory advice of the Father of his Country, rose superior to all the difficulties of the incorporation of a new empire into the Union. In the counsels of Congress there was manifested extreme antagonism of opinion and action between some Representatives, who sought by the abusive and unconstitutional employment of the legislative powers of the Government to interfere in the condition of the inchoate States and to impose their own social theories upon the latter, and other Representatives, who repelled the interposition of the General Government in this respect and maintained the self-constituting rights of the States. In truth, the thing attempted was in form alone action of the General Government, while in reality it was the endeavor, by abuse of legislative power, to force the ideas of internal policy entertained in particular States upon allied independent States. Once more the Constitution and the Union triumphed signally. The new territories were organized without restrictions on the disputed point, and were thus left to judge in that particular for themselves; and the sense of constitutional faith proved vigorous enough in Congress not only to accomplish this primary object, but also the incidental and hardly less important one of so amending the provisions of the statute for the extradition of fugitives, from service as to place that public duty under the safeguard of the General Government, and thus relieve it from obstacles raised up by the legislation of some of the States.

Vain declamation regarding the provisions of law for the extradition of fugitives from service, with occasional episodes of frantic effort to obstruct their execution by riot and murder, continued for a brief time to agitate certain localities. But the true principle of leaving each State and Territory to regulate its own laws of labor according to its own sense of right and expediency had acquired fast hold of the public judgment, to such a degree that by common consent it was observed in the organization of the Territory of Washington.

When, more recently, it became requisite to organize the Territories of Nebraska and Kansas, it was the natural and legitimate, if not the inevitable, consequence of previous events and legislation that the same great and sound principle which had already been applied to Utah and New Mexico should be applied to them--that they should stand exempt from the restrictions proposed in the act relative to the State of Missouri.

These restrictions were, in the estimation of many thoughtful men, null from the beginning, unauthorized by the Constitution, contrary to the treaty stipulations for the cession of Louisiana, and inconsistent with the equality of these States.

They had been stripped of all moral authority by persistent efforts to procure their indirect repeal through contradictory enactments. They had been practically abrogated by the legislation attending the organization of Utah, New Mexico, and Washington. If any vitality remained in them it would have been taken away, in effect, by the new Territorial acts in the form originally proposed to the Senate at the first session of the last Congress. It was manly and ingenuous, as well as patriotic and just, to do this directly and plainly, and thus relieve the statute book of an act which might be of possible future injury, but of no possible future benefit; and the measure of its repeal was the final consummation and complete recognition of the principle that no portion of the United States shall undertake through assumption of the powers of the General Government to dictate the social institutions of any other portion.

The scope and effect of the language of repeal were not left in doubt. It was declared in terms to be "the true intent and meaning of this act not to legislate 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."

The measure could not be withstood upon its merits alone. It was attacked with violence on the false or delusive pretext that it constituted a breach of faith. Never was objection more utterly destitute of substantial justification. When before was it imagined by sensible men that a regulative or declarative statute, whether enacted ten or forty years ago, is irrepealable; that an act of Congress is above the Constitution? If, indeed, there were in the facts any cause to impute bad faith, it would attach to those only who have never ceased, from the time of the enactment of the restrictive provision to the present day, to denounce and condemn it; who have constantly refused to complete it by needful supplementary legislation; who have spared no exertion to deprive it of moral force; who have themselves again and again attempted its repeal by the enactment of incompatible provisions, and who, by the inevitable reactionary effect of their own violence on the subject, awakened the country to perception of the true constitutional principle of leaving the matter involved to the discretion of the people of the respective existing or incipient States.

It is not pretended that this principle or any other precludes the possibility of evils in practice, disturbed, as political action is liable to be, by human passions. No form of government is exempt from inconveniences; but in this case they are the result of the abuse, and not of the legitimate exercise, of the powers reserved or conferred in the organization of a Territory. They are not to be charged to the great principle of popular sovereignty. On the contrary, they disappear before the intelligence and patriotism of the people, exerting through the ballot box their peaceful and silent but irresistible power.

If the friends of the Constitution are to have another struggle, its enemies could not present a more acceptable issue than that of a State whose constitution clearly embraces "a republican form of government" being excluded from the Union because its domestic institutions may not in all respects comport with the ideas of what is wise and expedient entertained in some other State. Fresh from groundless imputations of breach of faith against others, men will commence the agitation of this new question with indubitable violation of an express compact between the independent sovereign powers of the United States and of the Republic of Texas, as well as of the older and equally solemn compacts which assure the equality of all the States.

But deplorable as would be such a violation of compact in itself and in all its direct consequences, that is the very least of the evils involved. When sectional agitators shall have succeeded in forcing on this issue, can their pretensions fail to be met by counter pretensions? Will not different States be compelled, respectively, to meet extremes with extremes? And if either extreme carry its point, what is that so far forth but dissolution of the Union? If a new State, formed from the territory of the United States, be absolutely excluded from admission therein, that fact of itself constitutes the disruption of union between it and the other States. But the process of dissolution could not stop there. Would not a sectional decision producing such result by a majority of votes, either Northern or Southern, of necessity drive out the oppressed and aggrieved minority and place in presence of each other two irreconcilably hostile confederations?

It is necessary to speak thus plainly of projects the offspring of that sectional agitation now prevailing in some of the States, which are as impracticable as they are unconstitutional, and which if persevered in must and will end calamitously. It is either disunion and civil war or it is mere angry, idle, aimless disturbance of public peace and tranquillity. Disunion for what? If the passionate rage of fanaticism and partisan spirit did not force the fact upon our attention, it would be difficult to believe that any considerable portion of the people of this enlightened country could have so surrendered themselves to a fanatical devotion to the supposed interests of the relatively few Africans in the United States as totally to abandon and disregard the interests of the 25,000,000 Americans; to trample under foot the injunctions of moral and constitutional obligation, and to engage in plans of vindictive hostility against those who are associated with them in the enjoyment of the common, heritage of our national institutions.

Nor is it hostility against their fellow-citizens of one section of the Union alone. The interests, the honor, the duty, the peace, and the prosperity of the people of all sections are equally involved and imperiled in this question. And are patriotic men in any part of the Union prepared on such issue thus madly to invite all the consequences of the forfeiture of their constitutional engagements? It is impossible. The storm of frenzy and faction must inevitably dash itself in vain against the unshaken rock of the Constitution. I shall never doubt it. I know that the Union is stronger a thousand times than all the wild and chimerical schemes of social change which are generated one after another in the unstable minds of visionary sophists and interested agitators. I rely confidently on the patriotism of the people, on the dignity and self-respect of the States, on the wisdom of Congress, and, above all, on the continued gracious favor of Almighty God to maintain against all enemies, whether at home or abroad, the sanctity of the Constitution and the integrity of the Union.

FRANKLIN PIERCE.

SPECIAL MESSAGES.

WASHINGTON, _December 26, 1855_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 17th instant, I send herewith the "memorial of citizens of New Orleans, complaining of the irregularity of the mail service between Washington and New Orleans." I deem it proper also to transmit with the memorial my note of the 18th instant to the memorialists and a copy of the letter of the Postmaster-General therein referred to.

FRANKLIN PIERCE.

WASHINGTON, _December 27, 1855_.

_To the Senate of the United States_:

I transmit to the Senate, for consideration with a view to ratification, a treaty between the United States and Nicaragua, signed at Granada on the 20th day of June, A.D. 1855.

FRANKLIN PIERCE.

WASHINGTON, _December 27, 1855_.

_To the Senate of the United States_:

I transmit to the Senate, for consideration with a view to ratification, a treaty between the United States and the Kingdom of the Two Sicilies and a declaration as to the construction thereof, both signed at Naples on the 1st day of October last.

FRANKLIN PIERCE.

WASHINGTON, _December 27, 1855_.

_To the Senate of the United States_:

I transmit to the Senate, for consideration with a view to ratification, a treaty between the United States and His Majesty the King of the Hawaiian Islands, signed in Washington the 20th day of July, A.D. 1855.

FRANKLIN PIERCE.

WASHINGTON CITY, _January 3, 1856_.

_To the Senate of the United States_:

I herewith lay before the Senate, for its constitutional action thereon, the following-described Indian treaties, negotiated by George W. Manypenny and Henry C. Gilbert, as commissioners on the part of the United States:

A. Treaty with the Chippewas of Saginaw, Swan Creek, and Black River, dated 2d August, 1855.

B. Treaty with the Chippewas of Sault Ste. Marie, dated August 2, 1855.

C. Treaty with the Ottawas and Chippewas, dated July 31, 1855.

FRANKLIN PIERCE.

WASHINGTON, _January 11, 1856_.

_To the Senate of the United States_:

I transmit to the Senate a report from the Secretary of State, with the accompanying document,[51] in answer to their resolution of yesterday.

FRANKLIN PIERCE.

[Footnote 51: Letter of Lord John Russell declaring that the British Government intends to adhere to the treaty of Washington of April 19, 1850, and not to assume any sovereignty in Central America.]

WASHINGTON CITY, _January 21, 1856_.

_To the Senate of the United States_:

I communicate to the Senate herewith a letter from the Secretary of the Interior, accompanying six several treaties negotiated by Governor Meriwether, of New Mexico, with the Indians in that Territory, for its constitutional action thereon.

FRANKLIN PIERCE.

WASHINGTON, _January 23, 1856_.

_To the Senate of the United States_:

I communicate herewith to the Senate, for its constitutional action thereon, a treaty between the United States and the Choctaw and Chickasaw tribes of Indians, made and concluded in this city on the 22d day of June, 1855.

FRANKLIN PIERCE.

WASHINGTON, _January 24, 1856_.

_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 incumbent on me to call your attention to the subject and urgently to recommend the adoption 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 great points of constitutional construction: One, that the designation of the boundaries of a new Territory and provision for its political organization and administration as a Territory are measures which of right fall within the powers of the General Government; and the other, that the inhabitants of any such Territory, considered as an inchoate State, are entitled, in the exercise of self-government, to determine 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 Constitution, at what time the Territory shall be received as a State into the Union. Such are the great political rights which are solemnly declared and affirmed by that act.

Based upon this theory, the act of Congress defined for each Territory the outlines of republican government, distributing public authority among lawfully created agents--executive, judicial, and legislative--to be appointed either by the General Government or by the Territory. The legislative functions were intrusted to a council and a house of representatives, duly elected, and empowered to enact all the local laws which they might deem essential to their prosperity, 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 21 years, being an actual resident thereof and possessing the qualifications hereafter described, should be entitled to vote at the first election and be eligible to any office within the Territory, but that the qualification of voters and holding office at all subsequent elections should be such as might be prescribed by the legislative assembly; provided, however, that the right of suffrage and of holding office should be exercised only by citizens of the United States and those who should have declared on oath their 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 service therein.

Such of the public officers of the Territories as by the provisions of the act were to be appointed by the General Government, including the governors, were appointed and commissioned in due season, the law having been enacted on the 30th of May, 1854, and the commission of the governor of the Territory of Nebraska being dated on the 2d day of August, 1854, and of the Territory of Kansas on the 29th day of June, 1854. Among the duties imposed by the act on the governors 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 of the inhabitants and qualified voters of the several counties and districts of the Territory to be taken by such persons and in such mode as he might designate and appoint; to appoint and direct the time and places of 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 the 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 the legislative assembly. In substance, the same duties were devolved on the governor of Nebraska.

While by this act the principle of constitution 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 Territory of Nebraska was tranquilly and successfully organized in the due course of law, and its first legislative assembly met on the 16th of January, 1855, the organization of Kansas was long delayed, and has been attended with serious difficulties and embarrassments, partly the consequence of local maladministration 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 make the first step in its legal organization, that of ordering the census or enumeration 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 2d 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 was without a complete government, without any legislative authority, without local law, and, of course, without the ordinary guaranties of peace and public order.

In other respects the governor, instead of exercising constant vigilance and putting forth all his energies to prevent or counteract the tendencies to illegality which are prone to exist in all imperfectly organized and newly associated communities, allowed his attention to be diverted from official obligations by other objects, and himself set an example of the violation of law in the performance of acts which rendered it my duty in the sequel to remove him from the office of chief executive magistrate of the Territory.

Before the requisite preparation was accomplished for election of a Territorial legislature, an election of Delegate to Congress had been held in the Territory on the 29th day of November, 1854, and the Delegate took his seat in the House of Representatives without challenge. If arrangements had been perfected by the governor so that the election for members of the legislative assembly might be held in the several precincts at the same time as for Delegate 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 supervision 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.

This interference, in so far as concerns its primary causes and its immediate commencement, was one of the incidents of that pernicious agitation on the subject of the condition 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 and law abiding, to toil with misdirected zeal in the attempt to propagate their social theories by the perversion and abuse of the powers of Congress.

The persons and the parties whom the tenor of the act to organize the Territories of Nebraska and Kansas thwarted in the endeavor 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 ineradicably rooted in the convictions of the people of the Union, then had recourse, in the pursuit of their general object, to the extraordinary measure of propagandist colonization 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 determination of that question in this inchoate State.

With such views associations were organized in some of the States, and their purposes were proclaimed through the press in language extremely irritating and offensive to those of whom the colonists were to become the neighbors. Those designs and acts had the necessary consequence to awaken emotions of intense indignation in States near to the Territory of Kansas, and especially in the adjoining State of Missouri, whose domestic peace was thus the most directly endangered; but they are far from justifying the illegal and reprehensible countermovements which ensued.

Under these inauspicious circumstances the primary elections for members of the legislative assembly were held in most, if not all, of the precincts at the time and the places and by the persons designated and appointed by the governor according to law.

Angry accusations that illegal votes had been polled abounded on all sides, and imputations were made both of fraud and violence. But the governor, in the exercise of the power and the discharge of the duty conferred and imposed by law on him alone, officially received and considered the returns, declared 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 places of the persons not certified, and thus at length, in all the forms of statute, and with his own official authentication, 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 conceded that each house of the assembly must have been competent to determine in the last resort the qualifications and the election 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 the 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 legislative assembly of the Territory.

Accordingly the governor by proclamation convened the assembly thus elected to meet at a place called Pawnee City; the two houses met and were duly organized 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 assembly.

But after a few days the assembly resolved 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 for the establishment of a ferry at the town of Kickapoo, the governor refused to sign it, and by special message assigned for reason of refusal not anything objectionable in the bill itself nor any pretense of the illegality or incompetency of the assembly as such, but only the fact that the assembly had by its act transferred the seat of government temporarily from Pawnee City to the 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 communicated 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 constitutional defect attached to the legislative acts of the assembly it is not pretended to consist in irregularity of election or want of qualification of the members, but only in the change of its place of session. However trivial this objection may seem to be, it requires to be considered, because upon it is founded all that superstructure of acts, plainly against law, which now threaten 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 exceptionable origin, for the reason that by the express 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 transferred the 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 temporarily the seat of government, still more had the legislative assembly. The objections are of exceptionable 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 unlawfully upon land within a military reservation, and for participation in which illegal act the commandant of the post, a superior officer in the Army, has been dismissed by sentence of court-martial. Nor is it easy to see 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 incompatible provision of 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 direction of the governor and legislative assembly." These expressions might possibly be construed to imply that when, in a previous section of the act, it was enacted that "the first legislative assembly shall meet at such place and on such day as the governor shall appoint," the word "place" means place at Fort Leavenworth, not place anywhere in the Territory. If so, the governor would have been the first to err in this matter, not only in himself having removed the seat of government to the Shawnee Mission, 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 unreasonable 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 assembly the power to choose any place it might see fit as the temporary seat of its deliberations. That is proved by the significant language of one of the subsequent acts of Congress on the subject--that of March 3, 1855--which, in making appropriation for public buildings of the Territory, enacts that the same shall not be expended "until the legislature of said Territory shall have fixed by law the permanent seat of government." Congress in these expressions does not profess to be granting the power to fix the permanent seat of government, but recognizes the power as one already granted. But how? Undoubtedly by the comprehensive provision of the organic act itself, which declares that "the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act." If in view of this act the legislative assembly had the large power to fix the permanent seat of government at any place in its discretion, of course by the same enactment 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 legislative 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 another and more important one of the same general character. Persons confessedly not constituting the body politic or all the inhabitants, but merely a party of the inhabitants, 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 officers and a Representative to Congress. In extenuation of these illegal acts it is alleged that the States of California, Michigan, 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 proceeded without it, and has nevertheless been admitted into the Union as a State. It lies with Congress to authorize beforehand or to confirm afterwards, in its discretion. But in no instance has a State been admitted upon the application 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 ask for admission as a State. No principle of public law, no practice or precedent under the Constitution 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 the Territory. In fact what has been done is of revolutionary character. It is avowedly so in motive and in aim as respects the local law of the Territory. It will become treasonable insurrection if it reach the length of organized resistance by force to the fundamental or any other Federal law and to the authority of the General Government. In such an event the path of duty for the Executive is plain. The Constitution requiring him 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 United States which happens to be within the jurisdiction, to be used as a portion of the _posse comitatus_; 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 employ 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 the Territory, and it be duly presented to him as a case of insurrection, he 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 citizens 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 ascertained they shall most certainly receive, the aid of the General Government.

But it is not the duty of the 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 unjust, 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 opposition to all insurrectionary movements.

Our system affords no justification of revolutionary acts, for the constitutional means of relieving the people of unjust administration and laws, by a change of public agents and by repeal, are ample, and more prompt and effective than illegal violence. These means must be scrupulously guarded, this great prerogative of popular sovereignty sacredly respected.

It is the undoubted right of the peaceable 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 domestic molestation. Interference on the one hand to procure the abolition or prohibition of slave labor in the Territory has produced mischievous interference on the other for its maintenance or introduction. One wrong begets another. Statements entirely 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 themselves indefatigably in return to encourage and stimulate strife within the Territory.

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 little interest to the inhabitants of the contiguous States, personally or collectively, to produce among them any political emotion. Climate, soil, production, hopes of rapid advancement 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 the question which is at this time of such disturbing character.

But we are constrained to turn our attention 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 intervention of nonresidents 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 Government and entitled to be heard in the determination of its policy and its measures, and that therefore the 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 be my imperative duty to exert the whole power of the Federal Executive to support public order 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 disturbances in the Territory of Kansas, announced to me by the governor in December last, were speedily quieted without the effusion 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 accomplished by providing that when the inhabitants of Kansas may desire it and shall be of sufficient number 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 appropriation be made to defray any expense which may become requisite in the execution of the laws or the maintenance of public order in the Territory of Kansas.

FRANKLIN PIERCE.

WASHINGTON, _January 25, 1856_.

_To the Senate of the United States_:

By the inclosed letter of the Secretary of the Treasury it appears that $24,233 belonging to the Chickasaw Indians should be invested in stocks of the United States, by and with the advice and consent of the Senate. I therefore recommend that the necessary authority be given for that purpose.

FRANKLIN PIERCE.

WASHINGTON, _January 28, 1856_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State, in answer to the resolution of the Senate of the 10th of January, calling for the correspondence between the Secretary of State and Edward Worrell while the latter was acting as consul at Matanzas in relation to the estates of deceased American citizens on the island of Cuba.

FRANKLIN PIERCE.

WASHINGTON, _January, 1856_.

_To the Senate_:

I transmit herewith a copy of the "proceedings of the court-martial in the case of Colonel Montgomery, of the United States Army," as requested by the resolution of the Senate of the 7th instant.

FRANKLIN PIERCE.

WASHINGTON, _February 5, 1856_.

_To the Senate of the United States_:

In further compliance with the Senate's resolution adopted in executive session on the 15th January last, in respect to the correspondence relating to the estates of deceased American citizens on the island of Cuba, I transmit a report from the Secretary of State, with the papers which accompanied it.

FRANKLIN PIERCE.

WASHINGTON, _February 14, 1856_.

_To the Senate of the United States_:

I transmit a report from the Secretary of State, in answer to the resolution of the Senate of the 17th ultimo, requesting transcripts of certain correspondence and other papers touching the Republics of Nicaragua and Costa Rica, the Mosquito Indians, and the convention between the United States and Great Britain of April 19, 1850.

FRANKLIN PIERCE.

WASHINGTON, _February 18, 1856_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 4th instant, requesting transcripts of certain papers relative to the affairs of the Territory of Kansas, I transmit a report from the Secretary of State and the documents which accompanied it.

FRANKLIN PIERCE.

WASHINGTON, _February 21, 1856_.

_To the Senate of the United States_:

I communicate herewith a report of the Secretary of War and accompanying documents, also of the Secretary of the Navy and accompanying documents, in answer to a resolution of the Senate passed the 11th February, "that the President of the United States be requested to communicate to the Senate copies of all the correspondence between the different Departments of the Government and the officers of the Army and Navy (not heretofore communicated) on the Pacific Coast touching the Indian disturbances in California, Oregon, and Washington."

FRANKLIN PIERCE.

WASHINGTON, _February 25, 1856_.

_To the Senate and House of Representatives_:

I transmit a copy of a letter of the 7th of March last from the acting commissioner of the United States in China, and of the regulations and notification which accompanied it, for such revision thereof as Congress may deem expedient, pursuant to the sixth section of the act approved 11th August, 1848.

FRANKLIN PIERCE.

WASHINGTON, _February 25, 1856_.

_To the Senate of the United States_:

I communicate to the Senate herewith, for its constitutional action thereon, a treaty made and concluded on the 17th October, 1855, by and between A. Cumming and Isaac I. Stevens, commissioners on the part of the United States, and the Blackfeet and other tribes of Indians on the Upper Missouri and Yellowstone rivers.

FRANKLIN PIERCE.

WASHINGTON, _February 26, 1856_.

_To the Senate and House of Representatives of the United States_:

I herewith transmit and recommend to the favorable consideration of Congress a communication from the Secretary of War, asking a special appropriation of $3,000,000 to prepare armaments and ammunition for the fortifications, to increase the supply of improved small arms, and to apply recent improvements to arms of old patterns belonging to the United States and the several States.

FRANKLIN PIERCE.

WASHINGTON, _February 27, 1856_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 25th instant, I transmit reports[52] from the Secretary of State and the Attorney-General, to whom the resolution was referred.

FRANKLIN PIERCE.

[Footnote 52: Relating to the enlistment of soldiers within the United States by agents of the British Government.]

WASHINGTON, _February 29, 1856_.

_To the Senate of the United States_:

I transmit a report from the Secretary of State, with accompanying papers,[53] in answer to the resolution of the Senate of yesterday.

FRANKLIN PIERCE.

[Footnote 53: Relating to an offer of the British Government to refer to the arbitrament of some friendly power the questions of difference between the United States and Great Britain upon the construction of the convention of April 19, 1850.]

WASHINGTON, _March 4, 1856_.

_To the House of Representatives_:

I transmit a report on the commercial relations of the United States with all foreign nations, in answer to the resolution of the House of Representatives of December 14, 1853.

FRANKLIN PIERCE.

WASHINGTON, _March, 4, 1856_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its constitutional action thereon, two treaties recently negotiated by Francis Huebochmann, the superintendent of Indian affairs for the northern superintendency, one with the Menominee Indians and the other with the Stockbridge and Munsee Indians, and more particularly referred to in the accompanying communications of the Secretary of the Interior of this date.

FRANKLIN PIERCE.

WASHINGTON, _March 5, 1856_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 21st ultimo, I transmit herewith a report from the Secretary of the Interior, with accompanying papers.[54]

FRANKLIN PIERCE.

[Footnote 54: Correspondence relative to transportation of the mails, etc., over the Illinois Central Railroad.]

EXECUTIVE OFFICE, _March 5, 1856_.

_To the Senate and House of Representatives of the United States_:

I present herewith a communication from the Secretary of the Interior, in relation to Indian disturbances in the Territories of Oregon and Washington, and recommending an immediate appropriation of $300,000. I commend this subject to your early consideration.

FRANKLIN PIERCE.

WASHINGTON, _March 5, 1856_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 26th ultimo, requesting information in regard to the site selected for the building to be used for the preservation of the ordnance, arms, etc., of the United States, under the act approved March 3, 1855, I transmit a letter from the Secretary of War, with an accompanying report of the Chief of Ordnance, containing the information.

FRANKLIN PIERCE.

WASHINGTON, _March 10, 1856_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 21st ultimo, requesting the President of the United States to "communicate to the Senate any correspondence which may have taken place between the Illinois Central Railroad Company and any of the Departments of the Government," etc., I transmit herewith communications from the Secretary of the Treasury and from the Postmaster-General, together with the accompanying papers.[55]

FRANKLIN PIERCE.

[Footnote 55: Correspondence relative to transportation of the mails, etc., over the Illinois Central Railroad.]

WASHINGTON, _March 14, 1856_.

_To the House of Representatives_:

I herewith communicate to the House of Representatives, in compliance with their resolution of the 28th ultimo, a report from the Secretary of the Interior, containing such information as is in possession of his Department touching the cause of the difficulties existing between the Creek and Seminole Indians since their emigration west of the Mississippi River.

FRANKLIN PIERCE.

_To the House of Representatives_:

I herewith transmit to the House of Representatives a report of the Secretary of War, with copies prepared in compliance with a resolution of the House of the 28th ultimo, requesting "copies of all correspondence, documents, and papers in relation to the compensation and emoluments of Brevet Lieutenant-General Scott under the joint resolution of Congress approved February 15, 1855."

FRANKLIN PIERCE.

MARCH 17, 1856.

WASHINGTON, _March 17, 1856_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 27th ultimo, on the subject of correspondence between this Government and that of Great Britain touching the Clayton and Bulwer convention, I transmit a report from the Secretary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

WASHINGTON, _March 17, 1856_.

_To the Senate and House of Representatives_:

I transmit to Congress the copy of a correspondence which has recently taken place between Her Britannic Majesty's minister accredited to this Government and the Secretary of State, in order that the expediency of sanctioning the acceptance by the officers of the United States who were in the American expedition in search of Sir John Franklin of such token of thankfulness as may be offered to them on the part of Her Majesty's Government for their services on the occasion referred to may be taken into consideration.

FRANKLIN PIERCE.

WASHINGTON, _March 20, 1856_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 26th ultimo, I herewith communicate "a copy of the report, with the maps, of an exploration of the Big Witchitaw and the head waters of the Brazos rivers, made by Captain R.B. Marcy, of the United States Army, while engaged in locating lands for the Indians of Texas in the year 1854."

FRANKLIN PIERCE.

WASHINGTON, _March 24, 1856_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 18th of last month, requesting the transmission of documents touching the affairs of the Territory of Kansas, I transmit a report from the Secretary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

EXECUTIVE OFFICE,

_Washington, March 24, 1856_.

Hon. NATHANIEL P. BANKS,

_Speaker of the House of Representatives_:

I herewith transmit to the House of Representatives, in obedience to their resolution of the 17th instant, a communication from the Secretary of the Interior, accompanied by a copy of the report of Superintendent Cumming in regard to his late expedition among the tribes of Indians on the Upper Missouri.

FRANKLIN PIERCE.

WASHINGTON, _April 1, 1856_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States and the Grand Duchy of Baden for the mutual surrender of fugitive criminals, concluded at Berlin on the 10th ultimo.

FRANKLIN PIERCE.

WASHINGTON, _April 3, 1856_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 27th ultimo, requesting additional documents relating to the condition of affairs in Kansas Territory, I transmit a report from the Secretary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

WASHINGTON, _April 9, 1856_.

_To the Senate and House of Representatives_:

In execution of an act of Congress entitled "An act to provide for the accommodation of the courts of the United States for the district of Maryland and for a post-office at Baltimore city, Md.," approved February 17, 1855, I communicate herewith, for the consideration of Congress, copies of conditional contracts which I have caused to be executed for two sites, with buildings thereon, together with plans and estimates for fitting up and furnishing the same.

FRANKLIN PIERCE.

WASHINGTON, _April 9, 1856_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, with accompanying document,[56] in compliance with the resolution of the House of Representatives of the 4th instant.

FRANKLIN PIERCE.

[Footnote 56: Dispatch from the United States minister at Naples relative to the saving from shipwreck of certain American vessels and their crews by officers of the Neapolitan navy and marine service.]

WASHINGTON, _April 10th, 1856_.

_To the Senate of the United States_:

I transmit herewith a report of the Secretary of the Interior, with accompanying documents, in compliance with a resolution of the Senate of the 6th ultimo. The documents, it is believed, contain all the information in the Executive Departments upon the subject[57] to which the resolution refers.

FRANKLIN PIERCE.

[Footnote 57: Claim of Richard W. Thompson for alleged services to the Menominee Indians.]

WASHINGTON, _April, 1856_.

_To the Senate and House of Representatives of the United States_:

I communicate to Congress herewith a letter from the Secretary of the Interior and a copy of a conditional contract entered into, under instructions from that Department, for the purchase of a lot and the building thereon, for the use of the United States courts at Philadelphia, in the State of Pennsylvania, and recommend that an appropriation of $78,000 be made to complete the same.

FRANKLIN PIERCE.

WASHINGTON, _April 14, 1856_.

_To the Senate of the United States_:

I transmit herewith the report of the Secretary of War, with the accompanying documents, in answer to the resolution of the Senate of the 7th instant, respecting "the steps pursued in execution of the clause of the act making appropriations for the civil and diplomatic expenses of the Government, approved March 3, 1855, which provides for the construction of an armory for the District of Columbia."

The selection of the site was made after a full hearing of the parties interested and a personal examination by myself of all the sites suggested as suitable for the purpose.

It will be perceived upon an examination of the accompanying documents that although two additional purposes were added by Congress after the estimate of the War Department was made, and the expense of the structure consequently increased, still by the terms of my indorsement on the report of the colonel of ordnance fixing the site, the size and arrangement of the building were to be such that it could be _completed_ without exceeding the appropriation of $30,000, and that this requirement has been strictly adhered to in every stage of the proceedings.

FRANKLIN PIERCE.

WASHINGTON, _April 14, 1856_.

_To the Senate of the United States_:

I transmit herewith the report of the Secretary of State, with the accompanying documents, in answer to the resolution of the Senate of the 20th ultimo, respecting the adjustment of the boundary line and the payment of the three millions under the treaty with Mexico of the 30th June [December], 1853.

FRANKLIN PIERCE.

WASHINGTON, _April 17, 1856_.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES: