The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-04-02

10 IlC hutnOtlAl VI 0lEob A(AlSnths pNA -"
dared they GIL the places Of those usurpers
and continue government thus set IN mo |
ton, for they were without authority save
in their stout hearts and strong right arms,
and were governed By no law save in the
purity Of their palrOnsm? Notwithstanding
all this, the existence of Our government de |
faeto was recognized by one and another OF
European nations, until at least Great Brit
ain, under necessity that gave her no
choice, acquiesced and yielded her assent
to the existence of q government which she
i was pewerless to crush.
These views have been presented, Mr..
Speaker, upon the assumption, or rather in
1.-THE absence OF testimony, by which to set
tie the question involving the validity Of the
law Of claim, however, that ell the testimo-
ny which is either material or relevant to
the issue made by thecontes.ant is before
US, without the necessity of sending for
persons and papers, as desired by the COM
j mittee.
\ What evidence have we that we are
bound to netice? All public laws of the u
nited States, the lex loci Ct the rerritery,
and such well.established principles of laws
as are universally recognize d by the Judicial
tribunals Of the country. We are, there
fore, first to notice tlls laws of Congress; and
what do we find touching this subjsct?-
The act organizing the Territory of Kansas
defining its boundaries, author zing the ap-
pointment Of governor and the election Of
mes0bers of the legislature, declaring who
shall consulate the legal voters at the first
f election, and that al e..a.
"The 6rss election shall be held at such
! time and places, and be conducted in such
, manner, both as 10 the persons who shall
superintend such election and the returns
! thereof, rs the governor shall appoint and
direct; and he shall, at the same time, de-
j clare the number of mennbers of the council
and house of representatives 10 which each
} of the c0anties or district shall be entitled
under this act. The persons having the
I highest number Of legged votes in each of said
. council districts for paenbers of the council
shall be declared by the govern or TO be du-
ly elected TO the council; and the persons
having the highest number of legal votes Tor
r the house OF representatives shall be decla-
i red by the governor TO be duly elected
members of the house"
We know officially that A. II. Reeder was
, appointed governor of Kansas by the Presi-
dent Of the United States; that be accepted
! and entered upon his duties in that capacity.
We know officially that Legislature was e
lected in obedience to Che proclamation of
the governor; that it convened at Pawnee
o City on the I'd day ofJuiy, 1855. We have
official evidence that the validity OF the E.
4 lection of members 70. the legislature WAS
passed apon by the governor and major
ily Of the members declared duly elected
! by the legal voters of the Territory, in com
/ pliance with his daties as defined in the Or.
f ganlc law.
We are further officially notified that on
the Sd day Of July, 1855, an executive mes
f sage was received by the Legislature. in
which il is declared:
e "The solemn trust that is confded to us
S for originating the laws and institutions,
, and moulding the destiuies OF new repub.
6 | tic &c cannot hat
Q impress us with deep and solemn sense OF
5 the heavy responsibility which we have as
. snme0."
, We have the journals and the laws of
Kansas, passed by the Legislature as organ
iged and assembled by the governor, in obe-
, dience TO law; we are notified and have the
E evidence that the governor was the only
f person or power who could decide, in the
first instance, who were and who were not
legally elected members of that legislature;
S that he decided that two thirds of the mem-
D hers had been duly elected, ana under the
| law, by and with his advice and co opera.
: tron, they were regularly created the law
d making power Of Kansas and. with a SOL
5 emn sense of the heavy responsibility which
|; they had assumed, they commenced the
work of originating the laws and institutions
Y Land moulding the destfnies of new repub-
/ lie. presume that there can be no doubt
e that ii the laws and destinies of this new
republic had been moulded according to
: the wishes of the executive IN re gard to the
location of the seat Of government and sla-
f very, this House would have been spared
the annoyance which it now has to undergo
from this ex-governor of the Territory tf
k Kansas. think that may say that it
| is also known officially to this House that
n there was no doubt as to the validity of the
g election of members, SO long as they held
r their sessions at Pawnee City, but the mo
e ment they adjourned to another place new
c light began 10 break upon the vision of the
t governor, and he very soon became satisfied
: that the legislature was without power and
! that the members had been illegally elec-
. ted. Bat, sir, to resume the subject Of Off
cial evidence, we have before US the laws Of
4 Kansas, in which is to be found an act de.
clariag that on the first Monday in October,
: 1855, an election shall be neld for dele.
| gate to represent that Territory in the pres.
! ent Congress-; this being pLblic act, We
are bound 10 notice it. @ 3.!g Hss
!, Now, sir. with full knowledge of all
, this testimony, to which we cannot shut our
Z eyes, ask wherefore the necessity of send
]. ing for persons and papers? Ii they were
i here they could not be introduced in eyi
i dence to set aside the act Of Congress, tie
: official acts OF the governor, or the act of
D the legislature of the Territory of Kansas.
b What, then, can be the object ofthe COM
b mittee in desiring this extraordinary power2
o Is it to prove that the members ofthe legis-
!. latars were net legally electeds Suppose
o that every man in Kansas were here, they
would not be allowed to contradict the law
i OF Congress, the law Of their legislature. or
: the public official acts of their executive. -
Q cannot bring myself to the conclusion that
Il they would be allowed TO swear that
9 the members Of their Legislature were lille
s gally elected. If, however, it were done,
e you would only have proven that the con,
0 tesiant as governor had splemnly and Off.
n ,,iallv declared that to be true which wac