Decatur Eagle, Volume 1, Number 46, Decatur, Adams County, 25 December 1857 — Page 1

f|i it rt ri ip * IT ?1 D IT' A fl T TP j : ii L uII v A 1 (J it 11 A(j ij rj,

VOL. 1.

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I resident’s Message tlluw Citizens of the Senate, and House of Representatives: [ Concluded ] We cannot fail to.feel a deep interest in ' J that concerns the welfare of the inde-! tndent republics on our own continent as ell us of the empire of Brazil. Our difficulties with New Grenada, hich a short time since bore so threatenig an aspect, are, it is to be hoped, in a ■ir train of settlement in a manner just Ad honorable to botii parties. ■ The Isthmus of Central America, inAuding that of Panama, is the great high■iy between the Atlantic and Pacitic, A»tr which a large portion of the com- ■ ■trse of the world is destined to pass, ■he United States are more deeply inter■ted than any other nation in preserving ■e freedom and security of all the com■unications across this isthmus. It is ■r duty, therefore, to take care that they ■all not be interrupted either by inva■ons from our own country, or by wars ■tween the independent States of Cen■d America. Under our treaty with ■ew Granada of the 12th ol December ■ 16, we are bound to guarant, the neu■lity of the Isthmus of Panama, through ■l.ich the Panama Railroad passes, ‘as ■ll as the rights of sovereignty and prop-1 ■ty which New Grenada has and poss■ses over the said Territory.’ This ob■ation is founded on equivalents granted ■ the threatv to the government and ■uple of the United States. Binder these circumstances, I recommend ■ Congress the passage of an act author■iog the President in case of necessity, to ■ploy the land and naval forces of the ■i’.td Slates to carry into effect this ■aranteo of neutrality and production. I ■o recommend similar legislation for the ■urity of anv other route across the Istb■us in which"we may acquire an inter■t by treaty. I With the independent republics on this Bmtinent it is both our duty and interest ■ cultivate the most friendly relations.— ■e can never feel indifferent to their fate, Bod must always rejoice in their prosperA. Unfortunately, both for them and Hr us, our example and advice have lost i ■ch of their influence in consequence of: ■e lawless expeditions which have been j ■;ted out against some of them within the ■mits of our country. Nothing is better ■iculated to retard our steady materia) ■ogress, or impair our character as a na■on, than the toleration of such enterprises in violation of the law of nations. ■ Il is one of the first and highest duties S any independent State, in its relation ■th the members of the great family of ■•lions, to restrain its people from acts ■ hostile aggression against their citizens ■ subjects. The most eminent writers kJ 5 public law do not hesitate to denounce hostile acts as robbery and murder. ■*eak and feeble States, like those of Cen■W America, may not feel themselves to assert and vendicate their rights. ■be case would be far different if txpedi■ons were set on foot within our own ter■toiies to make private war against a ■°*erful nation. If such expeditions H* er e fitted out from abroad against any |y f tion of our own country to burn down cities, murder and plunder our peojy*l and usurp our government, we should power on earth to the strictest for not preventing such enormiti ‘ Ever since the administration of Get-

eral Washington, acts of Congress have been in force to punish severely the crime ,of setting on foot a military expedition ! within the limits of the United States, to j proceed from thence -against a nation or , Slate with whom we are at peace. The present neutrality act of April 20th, 1818, is but little more than a collection of preexisting laws. Under this act the President is empowered to employ the land I and naval forces, and the militia, ‘for the i purpose of preventing the carrying on of any such expedition or enterprise from tlie territories and jurisdiction of the United Stales’ and the collectors of customs arc authorized and required to detain any vessel in port where thete is reason to believe she is about to take part in such lawless enterprises. When it was first rendered probable that an attempt would be made to get. up i another unlawful expedition against Nic- : uragua, the Secrelary of State issued in- - struction to the Marshals, and District Attorneys which were directed by the Secretaries of War and, the Navy to the appropriate army and navy officers, lequiring them to be vigilant, and to use their best exertions in carrying into effect the provisions of the act of 1818.— Notwithstanding these precautions, the expedition has escaped from our shores. Such enterprises can do no possible good to the country, but have already inflicted much injury both on its interests and its character. They have prevented peacejul emigration from the United States to the States of Central America, which could not fail to prove highly beneficial to all parties concerned. In a pecuniarypoint of view alone our citizens have susI tained heavy losses from the seizing and I closing of the transit route by the San Juan between the two oceans. The leader of the recent expedition was arrested at New Orleans, but was discharged on giving bail for his appearance in the insufficient sum of two thousand ! dollars. 1 I commend the whole subject to the serious attention of Congress, believing that our duty and our interest, as well as our national character, require that we should adopt such measures as will be effectual in restraining our citizens from i committing such outrages. I regret to inform you that the Presi- ' dentof Paraguay has refused to ratify the I treaty between the United States and that State as amended by the Senate, the signature of which was mentioned in the j message of my predecessor to Congress at the opening of its ression in Decembei 1853. The reasons assigned for this i refusal will appear in the correspondence herewith submitted.

If being desired to ascertain the fitness of the river La Plata and its tributaries for navigation by steam, the United States steamer Water Witch, was sent thither for that purpose in 1853 The enterprise was successfully carried on until February 1855, when, whilst in the peaceful prosecution of her voyage up tl.e Parana river; the steamer was fired upon by a Paraguayan fort. The fire was returned; but as the Water Witch, was of small force, and not designed for offensive operations, she retired from the conflict.— The pretext upon which the attack was made was a decree of the President of Paraguay of October, 1851, prohibiting foreign verstlsof war from navigating the rivers of that Slate. As Paraguay, however, was the owner of but one back of the rirer of that name, the other belonging to Coiientes, a State of the Argentine Confederation, the right of its government to expect that such a decree would obeyed cannot be acknowledged. But the Waler Witch was not, properly speaking, a vessel of war. She was a small steamer engaged in a scientific enterprise intended for the advantage of commercial states generally. Under there circumstances 1 am constrained <° consider the attack upon her as unjustifiable, and as calling for satisfaction from the Paraguayan Government. Citizens of the United States, also, who were established in business in Paraguay, have bad their property seized and taken from them, and have otherwise been treated by the authorities in an insulting and arbitrary manner, which requires redress. A demand for these purposes will be made in a firm but conciliatory spirit.—■ This will the more probably be granted it the Executive shall have authority to use other means in the event of a refusal.—• This is accordingly recommended. , Is it unnecessary to state in detail the ’ alarming condition of the Territory of Kansas al the time of my inauguration. The opposing parties then stood in hostile I array against each other, and any accident i might have re-lighted the flames of civil I wav. Besides, at this critical moment, 1 Kansas was left without a Governor by 1 the resignation of Gov. Geary. On the 19th of February previous, the ' territorial Legislature passed a law providing for the election of delegates on the ’ third °Mond ay of June to a convention to ! meet on the first Monday of September,

“Our Country's Good shall ©vpr be our Aim-Willing to Praise and not afraid to Blame.

DECATUR, ADAMS COUNTY, INDIANA, DEC. 25, 1857.

lor the purpose of training a constitution preparatory to admission into the Union, j 1 his law was iu the main fair and just; and it is to be regretted that all the qualified electors had not registered themsel-i ; ves and voted under its provisions. At the time of the election for delegates jan extensive organization existed in the ■ Territory, whose avowed object it was. if I need be, to put down the lawful government of their own under the so-called Topeka constitution. The persons attached to this revolutionary organization abstain ud from taking any part in the elect u I The act of the territorial legislature had omitted to provide for submitting to the people the constitution which might be j framed by the convention; an,! in the ex- ■ cited state of public feeling throughout Kansas an apprehension extensively prei vailed that a design existed to force upon 1 ' them a constitution in relation to slavery j against their will. In this emergency it i became my duty, as it was my unquestionable my right, having in view the union of all good citizens in support of the territorial laws, to express an opinion on . the true construction of the provisions ; concerning slavery contained in iiio organic act of Congress of the 30th of may 1854 | Congress declared it 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 j and regulate their own domestic insti- 1 I tut'ons in their own way.” Under it (Kansas, “when admitted as a State.’ was Ito “be received into the Union with or ; without slavery, as their constitution may : prescribe at the time of their admission.’ Did Congress mean by th.is language that the delegates elected to frame a conI stitution should have authority finally to i decide the question of slavery, or did they i (intend by leaving it to the people that! 1 the people of Kansas themselves should; I decide this question by a direct vote?—; I On this subject I confess I had never en- ; ' Certain a serious doubt, and, therefore, in j my instructions to Governor Walker ot i the 28lh ot March last, 1 merely said that ■ when a “constitution shall be submitted I ■to the people of the Territory, they must, Ibe protected in the ex> r :ise of their I ight of ; voting for or against that in-trumen', and ; the fair expression of the popular will must j not be interrupted by fraud or violence.” I In expressing this opinion it was far ( from my intention to interfere with the decision of the people of Kansas, either j for or against slavery. From this I have always carefully abstained. .ntrustedj with the duty of Caking “carethat the laws be faithfully executed,” my only de-, ■ sire was that the people of Kansas should furnish to Congress the evidence required I by the organic act, whether for or against | slavery; and in this manner smooth their ; passage into the Union. In emerging! from the condition of territorial dependence into that of a sovereign State, it was their duty, in my opinion, to make known their will bv the votes of the majority, on j the direct question whether this impor- : ! tant domestic institution should or should ; not continue to exist. Indeed, Inis was j the only possible mode in which their w 11 could be authentically ascertained. ; The election of delegates to a convenI tion must necessarily take place in separate districts. From this cause it may ! readilv happen, as has often been the case. I tha* a majority of the people of a State or ; Territory are on one side of a question, ( whilst a majority of the representatives ; from the several districts into which it is j divided may be upon the other side. This arises from the fact that in some districts I delegates may be elected bv small majorities, whilst in others those of different sentiments may receive majorities sufficiently great not only to overcome the votes given for the former, but to leave a 'large majority of the whole people in di, red oppo-itioii to a majority of the dele- ; gates. Besides, our history proves that . influences may be brought to bear on the | representative sufficiently powerful to induce him to disregard the will of his con- j stituents The truth is, that no other authentic and satisfactory mode exists of asJ pertaining the will of a majority of the i people of any State or Territory on an important and exciting question like that of' slavery in Kansas, except by leaving it to i a direct vote. How wise, then, was it for Congress to pass over all subord'.- , (nate and intermediate agencies, and proceed directly to the source of al! legiti imate power under our institutions. How vain would any other principle I prove in practice! This may be illustra’l ted by the case of Kansas. Should she be admitted into the Union, with a constitution either maintaining or abolishing slavery, against the sentiment of the people, this could have no other effect, than; to continue and to ex tsp -rate the existing agitation during the brief period required to make the constitution conform to the irresistible will of the majority. The triends and supporters of the Nebraska and Kansas act, when struggling ,( on a recent occasion to sustain its provisions before the great tribunal of the

American people, never differed about its I true Meaning on this subject. Everywhere throughout the Union they publicly pleduij d their faith and their honor that ; cheerfully submit the question I of sliver, to the decision of the bona tide peopl of Kansas, without anv restriction or qt];.;ifieation whatever. All were cor- : dia.lj united upon the great doctrine of pop J-- sovereignty, which is the vital ' prineplo of our free institutions Had it' dieateen insinuated from any quarter' tii.ti,'. would be a sufficient compliance’ M'.’yeoe requisitions of the organic law ’ for the members oi the convention, thereafter to he elected, to withhold the question of slavery from the people, and sub-1 ; slit ute their own w.ll for that of a legally ascertained majority of all their consthu". ants, this would have been instantly re-' jected Everywhere they remained true j ( to the resolution adopted on a celebrated, occasion, recognizing “the right of the people of all the Territories—including Kansas and Nebraska—acting through . the b gail y and fairly expeessed will of a , majority ot actual residents, and whenever , the number of their inhabitants justifies it ,to forma constiutibn, with or without I slavery, and be admitted into the Union upon terms of perfect equality with the ! other States.” ' The convention to frame a constitution for Kansas met on the first Monday of September last. They were called to1 gather by virtue of an act of the territorial legislature, whose lawful existence had ' been recognized by Congress in different 1 forms and by different enactments. A ' la'-ge proportion of the citizens of Kansas j . did not think proper to register their' names and to vote at the election for del I , egates; but their refusal co avail themselves of their right could in no manner affect the legality of the convention. ! This convention proceeded to frame a ; constitution for Kansas and finally adjourned on the 7th day of November.— ; But little difficulty occured in the convention except on the subject of slavery.— ’ Uhe truth is, that the general provisions ( of our recent State constitutions are so I similar—and I may add, so excellent—--5 that the difference between them is not essential. Under the earlier practice of J'he government, no constitution framed ! ! by convention of a Territory, prepartory I ’ to its admission into the Union as a Stale, i j had been submitted to the people, I trust ( I however, the example set by the last Congress, requiring that the constitution of Minnesota ‘should be subject to the ! ' approval and ratification of the people of I the proposed Slate,’ may ba followed on i future occasions. I took it for granted , ! that the convention of Kansas would act , in accordance with this example, founded, ias it is on correct principles: and hence I my instuctions to Governor Walker in fa- ! vor qf submitting the constitution to the ; people, were expressed in general and unqualified terms. In the Kansas Nebraska act, however, this requirement, as applicable to the whole constitution, had not been inserted 1 and the convention were not bound by its ' terms to submit any other portion of the ; instrument to an election, except that ] | which relates to the ‘domestic institution’ ;of slavery. This will be rendered clear by a simple r< ference to its language. It was not to legislate Slavery into any TerI ritory 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.’ According to the plain construction of the sen- ; tence, the words ‘domestic institution’ , have a direct as they have an appropriate , reference to slavery. ‘Domestic institutions’ are limited to the family. The relations between master and slave and a few others are ‘domestic institutions,’ and are entirely distinct from institutions of a political character. Besides, there was ; no question then before Congress nor inI deed has there since been any serious question then before the people of Kansas or the country, except that which relates j to the ‘domestic instiiution* of slavery. The convention after an angry and excited debate, finaliy determined, by a majority of only two, to submit the ques- ’ tion of shivery to the people, though at ' the last forty-three of the fifty delegates present affix..d their signatures to the constitution. ; A large majority of tha convention were in favor of establishing slavery in Kansas. They accordingly inserted an article in I this constitution for this purpose similar in form to those which had been adopted bv other territorial conventions. In the schedule, however, providing for the transition from a territorial to a State government, the question has been fairly and explicitly referred to the people, whether they will have a constitution‘w ith or without slavery.’ It declares that, before the : constitutution adopted by the convention ‘shall be sent to Congress for admission into the Union ns a State,’ an election ! shall be held to decide this question at which all the white male inhabitants of the territory above the age of 21 are en- ' titled to vote. They are to vote by bil-

lots and ‘the ballots cast at said election shall be endorsed ‘constitution with slavery,’ and ‘canslitution with no slavery.’ It there be a majority in favor of the ‘constitution with slavery,' thi nit is to be transmitted to Congress by the president (of the convention in its oi i dual lorm. Ii on the contrary, there ' hall be a majority in favor of the ‘convention with no slavery,’ then the article providing for sla-. very shall be stricken from the constitution .by the president of this convention:' and ,it *s expressly declared that no slavery i sha,. exist in the <>iate of Kansas, exce'tt taat the right of property in slaves now n the Territory shall in no manner be in- ; terfered with;’ and in that, event it is made bis duly to have the constitution thus’ i ratified, transmitted to the Congress of the United Slates for the admission of the j State into the Union. [ At this election every citizens will have, an opportunity of expressing his opinion ■ by ms vote, ‘whether Kansas shall be re|Ceived uto the Union with or without slaveij, atH thus this exciting question may be pei.u-bly settled in the very mode J required by organic law. The elec- ' ■ tion will be neii un£ j er legitimate authorny and H any po, ion ol the inhabitants shall refuse toi vote . f a j r opportunity to |do so havmg been pn )enteJw this wi fj be their own voluntary ac. and th . ftlone will be responsible for tl. consequences ; VV hether Kansas shall n free or n ; j slave State must eventually, , Ilder some ] ! authority, be decided by an e!< 4j on - anf | i : the question can never be more c» ar ’] y or i : distinctly presented to the peopleAtn it? jis at the present moment. Should -his ii opportunity be rejected, she may be i.'. I ; volved for years in domestic discord, and 1 1 possibly in civil war, before she can aiyain make up the issue now so fortunately ten- 1 dered, and again reach the point she lias - already attained. Kansas has for some years occupied too much of the public attention. Il is high time this should be directed to far more important objects. When once admitted into the Union, whether with or without slavery, the excitement beyond her own limits will speedily pass away, and she; will then for the first time be left, as the i ought to have been long since, to manage 1 I her own affairs in her nwn way. If the con- ! stitution on the subject of slavery or on any ’ other subject be displeasing to a majority f of the people no human power can prevent them from changing it wit I.in a brief period i Under these circumstances, it may well | be questioned whether the peace and qui-, I et of the whole country are not of greater i importance than the mere temporary tri- ! umph of either of the political parties in Kansas. Should the constitution without slavery be adopted bv the votes ot the majority, the rights of property in slaves now iu the territory are reserved. The number of ! these is very small; but if it were greater, the provision would be equally just and reasonable. These slaves were brought into the Territory under the Constitution ■>f the United States, and are now the property of their masters. This point has jat length been finally decided by the I i highest judicial tribunal of the country — and this upon the plain principle that when a confederacy oi sovereign State ac- ! quire a new territory at their joint ex’ja n.se, both equally and justice demand ! that the citizens of one and all of them 1 shall have the right to lake into it whatsoever is recognized as property by the common constitution. To have summerily confiscated the property in slaves already in the Territory, would have been an act of gross injustice, and contrary to the practice of the older States of the Union which have abolished slavery. A Territorial Government was established for Utah by act of Congress, approved the 9th of September, 1850, and the constitution and laws of the United j States were thereby extended over it ‘so I far as the same, or any provision thereof, may be applicable.’ This act provided for the appointment by the President, by and with the advice and consent of the . Senate, of a Governor, who was to be ex ; officio Superintendent of Indian Affairs, a secretary, three judges of the Supreme ; Court, a marshal and a district attorney. ; ; Subsequent acts provided for the appointj ment of the officers necessary to extend I our land and our Indian system over the Territory. Brigham Young was appointed the first Governor on the 29th of September, 1850, and lias held the office ever since. Whilst Governor Young has been both Governor anil Superintendent of Indian Affairs throughout this period, he has been at the same time the head of the church called the Latter Day Saints and professes to govern its members and dispose of their property by direct inspiration and authority from the Almighty.— His power has been, therefore, absolute over both church and State. The people of Utah, almost exclusively belong to this church, and believing with a fanatical spirit that he is governor of that Territory by divine appointment, they obey his commands as if these were 1 direct revelations from Heaven If, there-

fore, he chooses that his government shall come intoculh-ien with the govi . ’:m<'nt of the United States, the members of the Mormon church will yield implicit obedience to his will. Unfortunately, existing facts leave but little doubt tint such is his determination. Without entering upon a minute history of occurrences, it is sufficient to say that all the officers of | the L nin-d States, judicial and <xecutive, with tlie single exception of two Indian agents, have lound it necessary for their ■ own personal safety to withdraw from the Territory, and there no longer remains any government in Utah but the despotism of Brigham Young. This being the condition of affairs in the Territory, I could not mistake the path of duty. A» Chief Executive Magistrate, I was bound to restore the supremacy of the constitu* ; lion and laws within its limits. In order to effect this purpose, I appointed a new governor and other federal officers for Utah, and sent with them a military force for their protection, and to aid aa a-posse comitatus, in case of need, in the execution of the laws. With the religious opinions of the Mormons, so long as they remained mere opinions, however deplorable in themselves and revolting to the moral and religious sentiments of all Christendom, I haa no right to interfere. Actions alon» when in violation of the Constitution and laws of the United States, become the legitimate subjects of the jurisdiction of the civil magistrate. My instructions to Gov, Cumming have therefore been framed in strict accordance with these principles. At their date a hope was indulged that no necessity might exist for employing fie military in restoring and mantaining tfie authinty ot the law; but this hope 11 now vanished. Gov. Young has, by i JI oe ‘-nation, declared his determination ;( o nia ! ll ‘his power by force, and has j \ ‘ “.'‘nitted acts of hostility against tlie United it i > i j ~ 's. Unless he should ietrace Ins steps, ti. . >• r-. . -n , . . ■ r lerritorv of Utah will be in a state ot op , ~ . r rebellion. He has ' committed these inns , . , . . , .. hotsnhty notwithstanding Major \an . ■ • n . J . .. ,‘tt, an officer iof the army, sent to Utah l ~ J , , ■ tne comrnandii'tr general to purchase , . . .i i i ■ i nvisijna lor the troops, had tnven him the . : est assurances of the government, ® that the troops would only lie employe, as a posse comitatus when called upon by the end authority to aid in the execution j of the laws. There is reason to believe that Gov. Young has long contemplated this result. Hu knows that the continuance of hi* dispotic power depends upon the exclusion ■of all settlers from the Territory except those who will acknowledge his divine mission and implicitly obey his will; and that an enlightened public opinion there would soon prosit ate the institutions at war with the laws both of God and man. He lias therefore, for several years, tn order to maintain his independence, been industriously employed in fabricating arms and munitionsol war, and indisciphng thu Mormons for military service. As Su- ' perintendent of Indian Affairs he has had : an opportunity of tampering with the Indian tribes, and exciting their hostile feelings against the United Slates. This according to our information, he has accomplished in regard to some of these tribes, while others have remained true to their ailegiance, and have communicated his intrigues to our Indian agents. He has j laid in a store of provisions for three years, which, in case of necessity, as he informed Major Van Vliet, he will conceal, “and then take to the mountains, and bid defiance to all the powers of the government.’ A great part of this may be idle boasting, but yet no wise government will lightly estimate the efforts which may be inspired by such phrensied fanaticism as exists among the Mormons in Utah. This is the first rebellion which has existed in our Territories, and humanity itself requires that we should pul it down in such a manner that it shall be the last. To . trifle with it would be to encourage it and render it formidable. We ought to go there with such an imposing force as to convince these deluded people that re- ; sistance would be vain, a u d thus spare the effusion of blood. We can in thia manner best convince them that wo are their friends, not their enemies. In order to accomplish this object it will be necessary according to the estimate of the War Department to raise four additional regiments; and this I earnestly reconime"d to Congress. At the present moment of depression in the revenue, I am sorry to recommend such a measure; ’ but I feel confident of the support of Congress, cos', what it may. in suppressing the insurrection and in restoring and maintaining the sovereignty of the constitution : and laws over the Territory of Utah. I reemmend to Congress the establishment of a territorial government over ; Arizona, incorporating with it such portions of New Mexico as they may deem expedient. 1 need scarcely adduce arguments in support of this recommendation W? ar» bound to protect

NO. 16.