5 valid. The President of the United States has no authority to decide those questions definitely, because the decision involves an act of sovereign legislation within the constitutional sphere of Congress. The Judiciary cannot decisively determine those questions, because their own determinations, in such a case, may be modified or reversed, and set aside, by a. constitutional legislative enactment, and because the Judiciary has no power to apply the means necessary to give effect to its decisions. The subject is an actual Government of the Territory of Kansas, to be established and maintained by constitutional laws. All legislative power over Kansas, as well as all legislative power whatever permitted by the Constitution of the United States, is vested in Congress, and of course in the House of Representatives, co-ordinately with the Senate, and subject to a veto of the President. The House of Representativ'' may constitutionally pass a bill abrogating the pretended legislation and Legislature of Kansas, or declaring them to be already absolutely void. The greater includes the less. The House of Representatives may therefore lawfully pass a bill prohibiting the employment of the army of the United States in executing laws in Kansas, which it deems pernicious, no matter by whom those laws were made. Since the House of Representatives has power to pass such a bill distinctly, it has power, also, to place an equivalent prohibition in any bill which it has constitutional power to pass. And so it has a constitutional right to place the prohibition in the annual army appropriation bill. I grant that this mode of reaching the object proposed is in some respects an un,usual one, and in some respects an inconvenient one. It is not therefore, however, an unconstitutional one, or even necessarily a wrong one. It is a right one, if it is necessary to effect the object desired, and if that object is one that is in itself just, and eminently important to the peace and happiness of the country, or to the security of the liberties of the people. The House of Representatives, moreover, is entitled to judge and determine, for itself, whether the proceeding is thus necessary, and whether the object of it is thus important. It is true, that the Senate may dissent from the House, and refuse to concur in the prohibition. In that case, each of the two Houses exercises an independent right of its own, and upon its own proper responsibility to the people. If the conflict shall continue to the end, and the bill therefore shall fail, the people will decide between the two Houses, in the elections which will follow, and they will take care to bring them to an agreement in harmony with the popular decision. The proceeding in the present case is thus necessary, and its object is thus important. Pretended but invalid laws are enacted by usurpation, and enforced by the President of the United States, in the Territory of Kansas, with the terror if not with an actual application of the military arm of the Government. At least, this is the case assumed by the House of Representatives. The case is altogether a new one. It has not occurred before. It has never even been supposed possible that such a case could happen in a Territory of the United States. The idea has never before entered into the mind of an American statesmen, that citizens of one State could with armed force enter any other State or Territory, and by fraud or force usurp its government, and establish a tyranny over its people, much less that a President of the United States would be found to sanction such a subversion of State authority or of Federal authority ; and still less, that a President thus sanctioning it would employ the standing army to maintain the odious usurpation and tyranny. Sir, the mere fact, in this case, that the army is required to be employed to execute alleged laws in Kansas, is enough to raise a presumption that those laws are either wrong in principle or destitute of constitutional authority, and ought not to be executed. The Territory of Kansas, although not a State, is or ought to be, nevertheless, a civil community, with a republican system of government. In other words, it is de jure, and ought to be de facto, a Republic — an American Republic, existing under and by virtue of the Constitution of the United States. If the laws which are to be executed there are really the statutes of such a republican government truly existing there, then those laws were made by the people of Kansas by their own voluntary act. According to the theory of our Government, these laws will be acquiesced in by that people, and executed with their own consent against all offenders, by means of merely civil police, without the aid of the army of the United States. The army of the United States is not a mere institution of domestic police; nor is it a true or proper function of the army to execute the domestic laws of the several States and Territories. Its legitimate and proper functions are to repel foreign invasion,
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