The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-12


lfmptng g SET Up government in opposition 70 that
established by Congress, far the undersigned
Is informed. contest for sat upon the floor OF
OongTrss-either for the place of senator member,
delegate-can only be initiated and conducted by
some person who, by his showing makes case, in
! which III successful in removing d sitting member he
would be entitled 10 take and hold the seat thus vacated
The OF Congress Of February 49, 1851 prescribing the
mode OF obtaining evidence In OF CONTESTED elections
passed to protect the House OF Representatives against
improper contsss and Its provisions show that
should be entertained except such instituted by
those who in condition TO demand primd aeie at
least that they be admitted to the contested The idea
OF contesng election have other meaning Than
that the party contesng must have legal claim OF
rig hit what he seeks obtain Governor Reeder hay
ing in this case, under any existing law, cannot
therefore, In any proper of the term be recog
Missed contestant before the House of Represent
atyes His position Is somewhat analogous 10 that
OF any one who might choose TO petition the House
TO refuse the admission OF member who presents HIM
self with certificate without any claim that The petit
TONER entitled 10 the la all such the under
signed submits the House should nnquesouably refuse
upon The petition memorial either 10 refuse adms-
sion member unless the petition presen ted
question affecting the constitutional qualifications Of
members; such that the party against whom the
ment instituted bad not the requisite qualifications of
age residence citizenship Under such circumstances
the House doubtless would and ought TO entertain the
mora and after investigation OF the facts act on II accord
ngy Bat this would not be contested election IN the
proper the To receive and investigate such
memorial would be merely the exercise of The power
given to the House to judge of The qualifications of its
members This power is fully admitted by the under
signed. Nor dees he deny the right of any person TO
raise such questions touching the constitutional quail
i fcations of menbers either by memorial otherwise.
The House itself, without any petition memorial,
might properly raise the question themselves touching
the constitutional right of any memher to hold his
seat upon the floor. But Governor Reeder raises no
such question touching the constitutional qualifications
OF the undersigned. His allegations are, that the law
der which the undersigned elected and certified to by
the governor the duly chosen delegate for Kansas
invalid and void, because he arms the legislature that
passed not properly elected themselves and did not
egsate nj proper place These allegations raise qnes
a.. ne .ln,
under the constitution the returns his election to thus
House. but relating TO the qualifications and of the
election of the members of the legislature Of the Territory
OF Kansas well the legality OF their proceedings
These questions which the undersigned in the
ond place respectfully submits the committee
operly he considered and decided by the House. Under
the constitution of the United States each house of Con-
gress made the sole Judge of the qualifications and election
returns of its members So the several State egsa-
and territorial legislatures each house is the sole and
absolute ultimate Judge on these matters in their respect
i've organizations The law of the Territory under which
the undersigned elected he submits to the committee
1t will be found page $50 of the volume of the laws of
Kansas, published by authority 1t passed by the ega
organized in pursuance of Congress- with
which the committee and the country be familiar. 1t
hears upon its face the verify and has the
ZION Of the regularly constituted authorities the public
laws of of the States any OF the other Territories
The undersigned therefore insists that The House
properly inquire into the validity of this law upon the
ground that the Legislature which passed prop
ery elected That is question which another tribunal
has the sole power absolutely to determine The judgments
of all Of competent jurisdiction conclusive
all matters embraced in lh.m and binding upon all
parties Their validity nvadity be inquired into
10y other Every legislative body, in determining
upon the qualifications and election returns Of lis members
acts in Judicial capacity On such questions they sit
court; snd their jurisdiction is full and complete
over the subjectmaer, so their decision must be final
and conclusive Otherwise the validity of any law of Con-
ress might be assaulted and inquired into any of
courts the ground that all OF the members
constituting one or the other branch of the law-makng
power not properly elected The House OF Represent
auves them sitting rs court upon this matter now be-
aipp atinrf he
y the OF the Territory OF Kansas and such only
any other judicial tribunal could inquire INTO
upon the point Az in determining upon the validity
or consutionaliy of Stale law they could not inquire
into the qualifications and election returns of the members
composing the legislature that passed they cannot do
tt in this instance The undersigned therefore, submits
that the testimony proposed to be taken by Governor
eeder not competent to prove the statements made by
him.
what he has submitted to be understood admitting IN
the slightest degree the Of the statements OF
Gov. ReedOr Ga the contrary he most unequivocally
aud positively denies those statements touching the cleo
lion the 3Oh Of March Of last year for members Of the
legislature of Kansas. And he but express bis
prise and establishment at the reckIessness with which
thcse broad general, indefinite unsupported and utterly
uuiVunded assertions have been made. The commit
tee need not be reminded that the Uemoralist in this
case was at that time tho governor of Kansas APP
pointed by the President Of the United States under
tie law organizing that government The election of
the Both of March held in pursuance OF his own
proclamation. II conducted by persons appointed by
himself. All the election districts formed and laid
out by himself At each three superintendent judges
appOiuttd by him hold the election. The judges
were each required under oath prescribed by him. TO swear
that they would uliow vote whom they did not
honestly believe be qualified voter under the law Of
Congpss The oath was more stringent than that
It contained these words 1--WE will roget the of all
and every nonresident whom believe TO have in
to the Territory for the purpose Of voting that in oil
cases where Ignorant OF the voters right rW
Ysirs legal evidence thereof by his oath other
wise; thu will Ike a true aal faithful return OF
the votes winch shall be poed the governor OF said
Territory"
The returns o reelection ordered aud held under such
stringent regulations, prescribed aud upOscd the judges
appointed by himself made him directed For
the for nine members Of the
competing hUusr Of representative and three OF
the council cut uf the thirteen composing that body
set aside aud elections ordered to take place in
May. But all the Ohers-trn Of te thirteen members OF
the council and Of the twenty members OF the
house Of repesentatTeswere the returns Of his
U OF the election Ia March, pronounced by himself To
be dgly elected, and received certificates from him gov
ernor accordingly. very large majority, therefore Of
both branches OF the legislature, took their by
Of his commission duly returned aud qualified
bers, without contest cayil complaint from him or
any body else Now, shall this man. who then. gov
eruor OF the Territory certified to the proper election Of
these members, be permitted at this late day 70 deny tie
validity Of his solemn official act2 To begin with
bis s OF complaints Shall he be permitted that the
member elected from the first district improperly
turneL IN consequence Of six hundred thousand
men from ghboring State having voted illegally
him. In the face of bis official certificate the
trHry The undersigned refers the the pub
shed Journal Of the house Of representatives which he
submits 10 them where IL win be seen, pages and 10
that the from the first district vas commissioned
By the governor himself duly elected the Both OF
March The same be said Of various other districts
I e9t n he maj nov uudpr SufH