Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-03-27

toe mode and manner in which the election oil
the first Monday Of October last was conduct
ed. The minsrily Of that committee seem to
hold the opinion, that the contestant has no col
or Of claim here. because he was chosen at an b
election not authorised by territorial statute
Is not this begging the whole question and an
implied concession Of the very point n disPu'e'
IT, then. a statute-a legal territorial statute c
was essential to this Kansas Delegate election,
wby is !, not as competent for this House TO IN
ouirs whether there was a body authorized to
enact the statute, as to Inquire ii the statute had
been enacted Both inquiries are necessary to
enable the House ito judge of the eleetion."-
But we are told the House must take notice Of
the statutes. Certainly not, when it is denied
that they are valid statutes, and it is charged,
and in issue, that there was no legally cOnstitu-
ted legislative body to enact the statutes. But
we are again told that every legislative body is
the exclusive judge of the qualifications of is
own member, and thai its judgement is fnal.
That may be true ofdisdAct separate, aud in
dependent States-that the Legislature of each
is the exclusive Judge Of the qualifications of lis
Town members but not so OF Territorial Leg
lslatlre, Of limited and delegated powers, called
into being BY a law of Congress.
/. Sir, il that Territorial Legislature was chosen
in violation of fhis organic act if the election Of
is members was effected by arms and not BY law,
will not do 10 say that Congress cannot inquire
into il. The Constitute Of he United States
and the laws aud treaties made in pursuance Of
! il, are che supreme law of the land and there.
! fore the supreme laV Of every road of that Ter
ritory.
There stands your organic act for the gov
is srnmeut Of this Territory, made in pursuance Of
ID the Constitution, and part of this supreme
is law That act prescribes that the election Of the
| first Legislative Assembly of the Territory
IT 'shal be held at such time and places, and be
n conducted in such manner. both as 10 persons
n who shall superintend such election and the re-
II turns thereof, as the Governor shall appoint
= and direct" 1t also prescribes the qualifca
If ton Of the electors, and provides "Hha: the
right of suffrage and holding Office shall be ex
d ercised ONLY by citizens Of the United States
n and those who shall have declared on oath
?, their intention to become such, and shall have
RS taken an oath to support the Constitution of the
n, United States and the provisions Of this act ;
y, and who actually reside within the Territory
of Now, if the electors who chose the members o
be this Legislative Assembly were at the tim
at non-reSideRts Of the Territory, and if the per
C. sons who superiRtcnded that election were no
Sc the persons appointed by the Governor--as
i'd charged by the memorialist- then the electio
- was illegal and void, and the body of me-
re chosen at that election were not the member
on Of the Legislative Assembly Of Kanzas, electe
so by che free suffrage of is cihzens. but bod
gs Of usurpers chosen by the lawless act Of
to mob. If this House cannot inquire into th
w. fact, who can? Under veil regulated gov
lat ernmeut OF laws there is no great public wron
Id without a remedy and an adequate remedy
O. When your law is thus tramped under foot
or and UsURPERs arrogats 10 themselves is right
us full powers of Legislation, il is a mockery {
l say that such usurpers are Che sole and ercla
ut sire judges of their own qualifications and elec
le lions, and thatin determining which, they acta
court, and heir judgment is final.
ID Such rule applies only TO the Legislative
assembly of an independent State. The Terri
tory Of Kansas is not an independent State, moi
NJ is the Legislative assembly of Kansas the sol
Legislative power of that Territory. The organ
o. ic act vests, as have before said, the legsla
ial tive poverin the Governor and such Legislative
,,s Assembly as shall be elected by the people o
in the Territory, at an election held at the tim
| and place, and Superin!ended by the person
n appointed by the Governor, and not in an as
sembly elected by the votes Of non resident
- and superintended by mob Aud we hav
! seen further, that the legislative power of th
Territory is expressly restricted 10 such righta
subjects Of legislation as are consistent with tn
I Constitution Of the United States and the or
"a ganc act. Wha. tribunal is to Judge Of Ia
Tho consistency of this territorial Legislation with tn
% Constitution and organic act, l answer Cor
n gress, otherwise there would be no remed,
-, Some Of our territorial acts contain the expires
i'm. assertion of ths power of Congress to restrs
,se territorial Legislation by declaring thai COngre
may negative territorial enactments.
his This power was not vested in Congress !
ATE any bill for the organization Of Territory,
a is power conferred by the Constitution, al
.ty not transferable by any act of Congress to al
Ial. Territory. II, there tore, a statute of Uu
the may be avoided by refusal of this House
in. approve. as is expressly declared by our Te