True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-04-02

given for the sitting Delegate, might in
the supposed case enlille him to hold his
seat.
If that statute was illegal, passed by an
Assembly of usurpers, The very fact sup
posed by The minority, that out of twenty
nine hundred votes cast there were but
one hundred given by qualified citizens
within the Territory who did not vote,
would argue against the election of The
sitting Delegate; and if the position ofthe
minority be true, that there could be no
valid election of Delegate without it was
authorized by territorial law, then there
was no election! If the people of the
Territory might elect without terrtori-
al statute prescribing the time, places and
manner thereof, then / submit that a vote
given without the authority of valid stat.
ure TO the sitting Delegate, on the first
Monday of October last. Of twenly-nine
hundred votes, only one hundred Of which
were given by qualified voters, would moi
elect him or entitle him to hold his seal
against the claimant, (Reeder, if on the
9Th of October last, at another election,
held in like manner, within the Terrific
ry and without the sanction of a valid
statute, the claiman, (Recder) received all
the votes then given by the qualified vo-
Iers of the Territory, amounting to twen-
ty-eight hundred, 'as it is sad,' Is ShOvn
By The polls. Ifthere was no valid terri
torial statute authorizing the election on
the first Monday of last October, and
prescribing The time, places, and manner
thereor-as | have shown there was not
then it follows that the election of
the 9th of October had as much the sane
ton oGlaw as that of the first Monday of
October; and this might as properly as
that be characterized 'as an election held
by promiscuous gatherings of the people,
without the authority Of law. In such a
case-if these elections be regarded at all
the will Of the majority of the qualified
voters who voted at each shOuId govern,
And submit that the election of the me-
morialisl, (Reeder,( on The 9th of Ocio-
ber last, by the peaceful act Of the quail
fed voters of the Territory, is entitled TO
as much consideration in thi, house as
the election Of the sitting Delegate on the
first Monday, by the votes of only some
Of the qualified voters and of hundreds of
the invaders Of thai Territory.
We do not sit here to sanction the vio.
lent and unlawful act Of maraudcrs. Let
ii not be forgotten, that it is fact confes
Sed here, that the several hundred per-
sons, non-residenis of the Territory of
Kansas, did vote illegally for the sitting
Delegate al the election held on the first
Monday in October. Whether The elec-
lion held by the people of Kanss on the
9th of October last, was illegal for want
of a territorial statute, of which, by UN-
LAWFUL INVASION, they were deprived, as
also of the privilege to choose Legi,la-
tive Assembly for its enactment Or
whether this House can or should sane.
ton the selection made on that day by
that conquered people, of the claimant,
(Reeder, as their Delegate and agent to
represent them here. | will not now in
Qure-as these questions do not rise upon
The report now before The I{odse. Upon
the record here aver the fact 10 be tha,
the legislative ghts of the Territory have
been usurped in defiance Of the people
and in violation of the law; that these
usurpers have nnlawGuIly legislated and
that because of this usurpation their leg.
isIalion is void, as well as because it is moi
consistent with the organic act or the
Constitution. The minority say you can.
not inquire into this. If we can then il
seems to be admitted that we should.
| have given my reasons for holding
that we have the power 10 make this in
vestgalion. ] only add, upon this point
that even where sovereign Slate ha!
chosen 10 legiSiate and enact, in forma
manner, that an election made by previ
Gus Assembly was void, and has, acting
upon such legislation, chosen United
States Senator, that election as well as lh
statute of the State, has been declared in
operative and void by the United State
Senate, in the exercise of the power "l'
Judge of the qualification, election, AM
returns of its members" | allude to tn
case of Potter Us. Robbins, reported il
the Gases of Contested Elections; pag
876. The facts were these On the l9tI
} of Jan. 1888, the General Assembly Il
the Stale of Rhode Island, elected Arche
Robbins Senator in Congress for 81
years, from the 4rh Of March following.
AT the October session, A. d. 1893, til
General Assembly Of that Stale enacted
L e. a.:l 1loaI:a O