Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1856-12-25
DELEGATE FROM KANSAS.
REMARKS OF MR.. GROW.

fyTHE HOUSE OF REPRESENTATIVES, DEC. l. 1856,
~ tho Question Of Administering the Oath of Office to
Joux w. WHITFIELD, as the Delegate from Kansas
Territory.
Mr"GROW said Mr. Speaker, on the
certificate presented, am opposed to the ad-
mission of Mr.. Whitfield to seat as Delegate
from the Territory of Kansas. The gentleman
from Missouri Mr. PHELpsl is entirely mista-
ken in supnosing that this course of proceeding
/. urrrecedented and contrary to all principle
which has prevailed in the organization of this
House. The mere presentation of credentials
does not in all cases entitle the holder to be
sworn in as a member of this House. If the
certificate of election shows upon its face that
i is not in conformity with the requirements
Of the law upon which it is based or if the law
itself under which the election vas held is upon
rs face in violation of the Constitution of the
United States or of any organic law of higher
sn,hority than itself, then the certificate alone
does not furnish such a Prima facie case as
would under the usual proceedings of the
House admit a member to seat
In the case of Letcher rs. Moore, first session
a. Tweuty-thjrd Congress, while the roll was
trinr called by the Clerk, and before the organ
iza,ou of the House, Mr.. Allan, of Kentucky,
objected to the oath of Office being administer
81 10 Mr. Moore, one of his colleagues. though
he held a certificate of election. After discus
son. the House proceeded to elect q Speaker
tlI other officers. without permitting either of
these claimants to vote The case was finally
disposed Of by referring it back to the people
kr new election, without the oath of office
ever being administered to either of the claim
s8l>. though one of them held certificate of
selton
In the celebrated NewJerSev case first ses-
S1 Of Twenty-sixth Congress, five persons ap-
tsa-cd at the bar of the House, claiming to
r5veSeut that Sta'e, with certificates bearing
he Broad Seal of the Commonwealth Yet,
s:er two weeks discussion, the House refused
h administer the oath of Office, or to permit
hen 10 vote in its organization, aud finally re-
Utel those holding the certificates of election.
ssi admitted their contestants to seats
1t is not for the gentleman from Missouri,
Mr. phelps, or myself, to reject the authori-
Toi this precedent, for it was made bv the
ATTY with which both Of us were then acting.
ar would it come with good grace from those
cooperating with that gentleman TODAY. Ii
Unnecessary TO consume time in citing other
Fecrdeut>, for these are amply sufficient, so
:, as any precedent may be necessary to Sus-
al my position in this case. But sir, were
as7e no precedent for this course OF proceeding,
Z: circumstances surrounding the case would
themselves justify it.
Al the opening of the last session. the same
| rPicatiom was made in behalf of this claimant
aow | then objected 10 the oath of Office
/ s0g administered, for the reason that, in nv
I a,meut it was not such prima facie case
30 come within the usual practice of the
| a.G>e but out of Difference TO the wishes Of
Z! friends, the whole House in fact, did not
Nys, NY objection for immediate action. We
81 been nine weeks electng a Speaker. and
S-e weeks more would, of course, be consum-
len discussing the right of the claimant.
/ 'cl would for that length of time prevent
{: tlrthcr organization of the House. and
Is delay all action on the other important
-,-c>> 10 cone before it. But no such con-
al'4,'ons for delay exist at this time, and We
a as veil dispose of this case now as at any
EH7Quent day. 1t was adjudicated at the
Il SESSION, after a most thorough invcStiga-
' after fuller examination than was ever
t.'e given TO a contested election case in tue
Eay Of YOUR Government a committee
IL @ai by this House 10 Kansas, to inyesti
~ a. the alleged frauds and irregularities of
factions in that Territory After exam
: On cath aud under .croSS-cxnmination,
"a lFce hundred witnesses, belonging TO all
>'9-S AMI Of various political sentiments
al; copies Of the official records of the Ter
-.'. AID comparing the pol-books aud CEN
@1Tn> Of each election district, they re-
t-@ aad reported to this House, that at the
NeA Of the members TO the Territorial As
.-,!y which passed the election law upon
- : based the certificate under which Mr.,
-sld now claims, every Representative
-, out one was controlled by armed men
Missouri and that of the six thousand
a-ad'ed snd seven votes polled in the
,,,f! al that election, but one Thousand
---4Fed and ten we're legal votes. By
's->lS taken thirty days before this cleo
required by the organic act. there were
no thousand nine hundred and FIVE legal
: A tue Territory. Thus was the legisla-
.e'er Of this people usurped by invaders
leiShhoring State This House, at It's
'-st. a4E ltlt ldIlS VI NuG haASd>
.ssaHnS Committee before it, and after
~, discussion. adopted this resolution
a., .,,sl-1d, That John W. Whitfield is not
sQ 70 seat in this House as Delegate
lie Territory Of Kansas"
= vas the conclusion of the report Of the
'fe Of Elections, which declared
n IA the alleged Territorial Legislature
- a. llegally-constituted body, and had no
10 pass valid laws, and tieiT easciRsais
'-y'1rs gsU and roid."
"a the election under which the sitting
:4'5 John w Whitfield, holds his seat,
.. 2. held il pursuance of any valid law,
ID. -.' u should be regarded only as the
= s,''Ca Of the choice Of those resident ci
'Ao 7Oied for him."
House decided that no valid election
he'd ~ Kansas Why Was il be-
.e a.."gcd election there was no con-