The Kansas herald of freedom., 1855-07-14

House. and to justify the judges of the
election in making the returns they did.
and to Justify the Governor for setting
the election aside, l viii speakof my elec-
| ton.
At the March election, / was candi-
date for this Legislature. Ireceived two
hundred and fifty three votes, a major
ity of the legal votes in my district. =
NV competitor received about eight
hundred, more than six hundred of which
were cast by persons who came from
without the Territory, in an organized
band, as if to meet deadly foe; they
came but one or two days before the elec-
ton; they cast their votes without taking
the prescribed oaths; they did not even
swear that they resided in the Territory.
Many said they resided in bordering
State, that they had come here TO vote,
and that they should vote. They did
vote. and thus hundreds of votes were
cast by non-residents of the Territory.
The judges of the election knew they
were such, and although they received
their votes, they believed them to be IL
legal votes hence, as they had been COM
PEELED to receive them, and as their oath
required them to swear that the number
of votes returned by them was correct,
and that the votes were legal as they be-
lieved, and believing them to be illegal,
they erased the word ''legal," and thus
swore that so many votes had been cast
This was the form of the returns in the
second representative district, which /
am here to represent.
Now, sir, what right, what apology
had the Governor to declare persons re-
ceiving the highest number of such votes
duly elected? What right has this body,
even if they have the right to decide the
question, to declare such men elected ?
They were not elected by legal votes !;
the returns do not say they were. They
virtually say they were not and what
right has any power to declare them le-
gal? Such a decision by any proper
authority would rob the ballot box of its
power and sanctity, the individual of
self-protection, and liberty of its purest
gem. Aye, it would turn the name of
American liberty into mockery, and sub
iect the Constitution of the United States
to the derision of the enemies ofrepubli-
can government. Such proceedings, sir,
do not constitute an election-they con-
stitute only mob. 1t is an act. of high
handed resistance to law; and had the
Governor, with such facts before him,
recognized these acts as legal, he would
have been one of the perpetrators.
The election was set aside, and new
one ordered. AT this election l received
almost the unanimous vote. The returns
were made in due form, and have offic-
ially been declared elected. | have re-
ceiyed certificate of my election; this
is prima facia evidence of my election.
1t is by virtue of this certificate that l
/. have taken my seat. viii not discuss
the right of this House to go behind the
certificate l viii merely say no such
right is given by the act !; none is i'm
piled in it. But, sir, | am willing-for
argument sake-to admit that this
House has the right to go behind the GER
tifcate and investigate thelegality of the
election; that does nottrespass any pow
ers of the Executive; but, sir, the mo-
ment this body goes behind the election,
and assumes the right to dictate in refer
ence to calling such election; the right
to nullify the calling of such election;
the right to investigate the former cleo
ton, already set aside; the right to de-
eide upon vacancies /; the right to dictate
the form of returns, to admit persons yo-
ted for at prior election, and, in fact,
the right to countermand all the acts of
the Governor, and legislate il an er post
facfo manner; that moment it super
cedes its legitimate power, usurps that
vested in the Executive by the organic
act. invalidates its own organization and
destroys its own legal existence.
But it is claimed that old established.
customs, that Parliamentary rules give
this House power to 60 behind the Nav
election. With some, the almostaxiomatic
truth, that all Legislative bodies have the
power to decide upon the election and
qualification of its own members, is all
powerful, all-meaningeinitis it is all power.
Now, sir, / have as deep reverence for
old established customs as any one; !
believe am as strongly opposed to de-
parting from the requisition of Constitu-
tons under which ! live, as any one
but l ana very careful to keep in view,
and rightly to understand, those customs
and constitutions. wish not to rever-
ance imaginary gods.
believe parliamentary rules make it
the duty of legislative bodies before pro-
ceeding to business, to ascertain who are
duly elected by examining into the Gre
dentials it is their province to examine
into the authenticity of the credentials,
not the legality of the elections. Par
liameatary rules only regulate the pro-
ceedings of a body-their manner OF
conducting business, Parliamentary
rules cannot legalize a members right to
a seat; they cannot give this body any
power to do this; they caunot interfere
with the organic act. They cannot at
the HlOSl give oug iuldnct Po"ct sbali "
examine into the returns of the last cleo
ton. And / believe, sir, they cannot
give that right. Parliamentary rules are
for deliberative bodies. They are for the
government of conventions, but when In
force over Legislative bodies they pre-
suppose those bodies existing under con-
situations, and thai those constitutions
guarantee all rights. and define all duties
of the bodies-hence no parliamentary
rules can give legislative powers to this
House. All power comes from the or
ganic act, but rules of proceedings may
come from parliamentary usage. ] make
a wide distinction
But il is urged that in the several
States the Legislatures are the tribunals /
before which elections are tested-that
the two Houses of Congress test the elec-
ton Of those of our members.
But is there any one 50 blind IS to be- /
lieye that constitutional provisions made |
expressly Soy and having reference t.
Congress only. have any authority oEas
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