A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It is idle to suppose that the particular provisions of their organic
law were the cause of agitation. Those provisions were but the occasion,
or the pretext, of an agitation which was inherent in the nature of
things. Congress legislated upon the subject in such terms as were most
consonant with the principle of popular sovereignty which underlies our
Government. It could not have legislated otherwise without doing
violence to another great principle of our institutions--the
imprescriptible right of equality of the several States.
We perceive also that sectional interests and party passions have been
the great impediment to the salutary operation of the organic principles
adopted and the chief cause of the successive disturbances in Kansas,
The assumption that because in the organization of the Territories of
Nebraska and Kansas Congress abstained from imposing restraints upon
them to which certain other Territories had been subject, therefore
disorders occurred in the latter Territory, is emphatically contradicted
by the fact that none have occurred in the former. Those disorders were
not the consequence, in Kansas, of the freedom of self-government
conceded to that Territory by Congress, but of unjust interference on
the part of persons not inhabitants of the Territory. Such interference,
wherever it has exhibited itself by acts of insurrectionary character or
of obstruction to process of law, has been repelled or suppressed by all
the means which the Constitution and the laws place in the hands of the
Executive.
In those parts of the United States where, by reason of the inflamed
state of the public mind, false rumors and misrepresentations have
the greatest currency it has been assumed that it was the duty of the
Executive not only to suppress insurrectionary movements in Kansas,
but also to see to the regularity of local elections. It needs little
argument to show that the President has no such power. All government in
the United States rests substantially upon popular election. The freedom
of elections is liable to be impaired by the intrusion of unlawful votes
or the exclusion of lawful ones, by improper influences, by violence,
or by fraud. But the people of the United States are themselves the
all-sufficient guardians of their own rights, and to suppose that they
will not remedy in due season any such incidents of civil freedom is
to suppose them to have ceased to be capable of self-government. The
President of the United States has not power to interpose in elections,
to see to their freedom, to canvass their votes, or to pass upon their
legality in the Territories any more than in the States. If he had such
power the Government might be republican in form, but it would be a
monarchy in fact; and if he had undertaken to exercise it in the case of
Kansas he would have been justly subject to the charge of usurpation and
of violation of the dearest rights of the people of the United States.
Public-domain text, read in full here on John Shaqi.
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