The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1855-10-09

The Last Argument ~ - Kansas.
There will be two claimants before the
next Congress for the seat of Delegate from
Kanaas,--onc elected freely by the people, en-
their own motion, in the exercise of genuine
'popular sovereignty, and the other elected
In pursuance of Law of the Territory, un-
der the auspices of Missourians and pro-
slaveryites, claiming under the broad seal
and authorization Of the Governor. If
there were nothing else, this of itself would
bring the whole question of Kansas affairs
before that body in form demanding its
ohcisl and specific action. 1t is question
OF no trihing moment, and in advance of its
appearance in the halls of Congress, it should
be we'll considered and fully apprehended in
its genuine character, and the true and tena-
deposition be sought out and settled.
As to ourselves, we are fully persuaded as
to what human rights and the true policy
OF freemen require. Apparently ii is sur
rounded by more difficulties than it really is,
for an appeal TO the elements of our great
primary law, and to the spirit and presump-
ton on which all our institutions are based
points out the path of duty and Of right with
an unerring finger, beyond the least doubt
or cavil.
We will state the question as il really is.
We have no inclination to pettifog point or
decline responsibility. Gen. Whitfield is
elected, by lap. Receiving a majority of
votes at an election legally held, with GER
tihcate from the Governor appointed by Fed
eral authority, beyond question he is the
lawful member. 1t may be said that the law
itself is not valid, having been passed by a
bogus Legislature fraudulently elected, and
without - 4eFity. That it ought to be
consideru4 s6iA, We have no doubt. But
the Judiciary Of the Territory have decided
the Legislature to have been lawfully elected,
and its acts valid and obligatory. So that
whatever oar opinions about the true valid
ity Of the matter may be, or whatever the
decision ought to have been, this Of itself
gives It nl4emPof Law, and gives to these
''bordefj Anfe and their accredited repre-
sentative Of Washington the advantage of
pleading the law az in their favor. So much
Is conceded. What then is to be done: If
the people of Kansas, OF their own free will.
had dons tor themselves what others have
done IN their name, we should regret their
choice, but have felt that it was their own
business, which they had right to decide in
nUr h.. ~
Their country was overrun and conquered.
People from foreign State occupied their
territory, imposed Legislature and code
Of laws upon them as hateful to the people
as the transactions are odious and unparal-
leled, and made them subject to a foreign
yoke. This was done under cover of law,
though really in violation Of it. They have
succeeded in covering their whole series Of
transactions with the mantle Of the law. and
so the outrage has been sustained and the
rights Of the people crushed beyond recovery
The fact Of the law being on their side is
only the result of trick. 1t is uggle, a
dead form, and nothing more. The question
rs, whether such = law, so imposed. is obliga-
tory, and 10 be regarded in spite of all the
viliAiny it covers and the popular rights which
1t outrages and sets aside. This is the point
which is to be met. The villainy of the Mis-
sour marauders must be allowed to stand
unrebuked, and to give permanent law ane
character to that Territory for an inde6nit,
period, or the Issue must be taken on bold
plain grounds, right here. We are. then
persuaded that the only tenable and proper
position to take is for Congress in the exer.
else OF its own option, to reject Whitfield
though he come covered all over with tn,
panoply OF the law. We are not disposed
under any ordinary circumstances to over
look the Importance of the mere forms o
the law. But when the law is crooked ant
its purposes thwarted, and it is administered
contrary TO its spirit, By force, and by a us
urped authority, the discretion of Congress
is not to be hedged and bound by such tram
mels, and its power of vision and inquir
limited to the mere question of formality.-
The living, vital facts are TO have weight an
force in it's decisions, and it has latitude Q
Judgment commensurate with the spirit an
intent of the constitutional provision. an
the special enactment organizing govern
lsent for Kansas. Clearly, then, in our ow
Judgment they should reject the claim 0
Gen. Whitfield, and either admit Goyerno
Keeder, or annul the laws of the mock Lee
islature and send the choice of Delegate bac
70 the people, under provisions which wi
secure fair expression of the popular vii
And our position in reference TO the ne.