The daily union., 1856-03-26


ton to what Sir William Blackstone says this subject
In his Commentaries, with which all of ought to be fa
ilar After referring to these remarks Of Coke and a
hrming Them, he says in vol. !, p. 1853!
1t will be sufficient to observe the whole Of the law
and custom of Parliament has its original from this
Parliament ought 70 be examined discussed and adSgea
10 that House TO which relates and not sehrs Hence
iere In settling the election Of OF Scotland the Com
mons VIII not allow the Lords to Judge OF the election Of
| OF law TO examine the merits of either case"
All such matters to be decided by the houses of Par
lament respectively arbitrarily but according to the
usages customs aud preoedens in like cases which cons
tute the ie1 larLiame law of Parliament; but when
decided whether right wrong there is power
verse the decision just with when this House
passes Judgments upon the qualifications election of
member here it is final aud conclusive Here the matter il
to be examined discussed and adjudged and when ad
judged IL cannot be inquired into elsewhere SO with
every legislative body. On this point call the aen
ton of the House what Mr. Justice Story says upon the
subject in speaking of this clause in his upon
the constitution of the United States After quoting the
clause of the constitution which provides that each house
shall judge of the qualifications elections and of
Its own members, he says, in vol ILL., p. 2a5 a.....
The only possible question on such subject is as to As
any other than the lega,ios body y its independence,
its purity, and its existence and action may be de-
the same motives 70 perpsuae and
these attributes other body be perpeuay watch
purify and vindicae character to preserve
the rights and sustain the free choice Of its constituents
tire body BY the uniform practice Of England and Ameriea
If more authority is desired this point refer to
Kents Commentaries, fuckers and to all writers the
subject 1t is the uniform practice of this country adopt
ed from England to leave the Indication of all questions
touching the elections and returns of members of egsa
tive bodies to those bodies themselves The principle
runs through all State legislatures 1t lies at
the foundation OF all representative institutions
1t is recognised even in all voluntary assoca-
tions and conventions, whether civil ecclesas-
teal There be efficient political legislative
organization without it. and when the legislative body,
to which the question belongs, has made its decision,
there is no appeal to any other power 1t is final udg
men rendered 1t is with the decision Of this House
such questonsit is with the decisions Of the Senate
like questions 1t is with the State legislatures and
should be in Kansas If the election of any members
OF the legislature there either of the house the council
Illegal the proper place for inquiry into was there
And if any wishing to contest those elections fail
ed their there before the proper tribunal
they cannot here do it, If we inquire now into
the legality of those elections for the purpose of dsre
gardng nvadatng the law passed by the legislature
under hch the sitting delegate elected why
inquire into the validity Of the law of Congress organ
zng that territorial government upon the grounds that
of the members of this House who voted for the
last Congress not properly eleced the ground
that of the senators who voted for it chosen
by members of State legislatures properly elected
And this, too the still further ground that
of the sherfs returning officers in the State cleo
| tions for members of the legislature perhaps
not legally elected or qualified If you open the
door such investigation that sought
where we to stop2 Who can see the end of this
beginning Whose vision take in the wide extent of
that region of uncertainty insecurity, aboundng in
hidden unseen dangers and peT your course may lead
to hold sir that if a law should be passed by the
votes OF members upon this floor who may hereafter
be turned out because of the egay of their election the
validity of such law passed be inquired into
either by any court of the land, by ourselves
the ground OF Its having been passed And though
law may be passed in State territorial legislature by
the votes of members who may afterwards be turned out
because of the egaly of their election yet the validity
Of such law be questioned in consequence of
that fact But the principle advocated for the first
time history shall be established and the precedent
be followed up you unhinge all legislation you bring
everything like law amongst US into uncertainty doubt
and confusion you the beart-strngs" Coke says
of whole system of government; you take the first
step and If it be pursued that which will prove to be f
tai step towards political and social anarchy enter my
protest here this day against it.
| repeat sir these are grave questions. give you Mr.
Speaker and the members Of the House. my fellow
Judges in this matter my views the rules which should
govern in the judgment TO render in this
Weigh them as they deserve and give them such con-
sderation as they merit
But the gentleman at my right Mr.. KUNKEL,l who ad-
dressed yesterday, asked, the allegations be
here made that usurper assumed 10 be thelegsaure
of the Territory be bound by that assumption
| | cay to him. The countenance Of any usurpaton
and the exercise Of prerogaves duly belonging
any body Of men, ourselves, is what am against
There must be something than bare assumption Of
legislative authority ente the acts Of any body Of men
TO be recognised emanatng from body clothed with
power to make laws The law-makng power Of this
try must rest upon some better showing than bare
sumption 1t must into being in the proper and le-
gay-constituted way. This is well understood in Amer
lea We are not by any means egimists in the Euro
pean Of the word but recognise that government
legitimate which springs into existence by the will OF
people expressed under the forms Of law passed by
the regularly constituted authority Of the land govern
ment so presenting itself regard only the govern
meut Of the people de facto but de jure.
And now sir how it with regard TO this legislature Of
Kansas We have law Of Congress authorizing it, 1t
Is familiar to ALL That law organized the Territory OF
Kansas that law permitted the people there under the di
recon of the governor hold elections for members of
the territorial legislature with power TO pass laws regua-
! tkn als pf dali
law Of the Territory emanated from ourselves This law
we are bound recognise governor appointed in
pursuance Of it. The governor the Judiciary the whole
machinery of the there was legally constituted
by rseves-hy Congress- and the forms prescT bed,
through which this territorial body exercising legislative
functions came into existence emanaed from the highest
| authority known to under the constitution. These
facts admitted No person questions the public law
creating the territorial legislature Nobody questions the
legal appointment Of Governor Reeder Nobody questions
the proclamation he issued to hold election on the 3Oth
Of March, 1885, for territorial legislature In pursuance OF
our law These all admitted facs anything Irregular,
then attended the election Of its members II presented
question be inquired into and adudged by the proper
authority Just similar matters inquired into and
settled In other elections Of legislative as
inquire into such pertaining to own organza
ton When therefore, IL is admitted that an election for
members Of the territorial legislature was held in Kansas
on the 3Oh of March stated inpursuanoe law under
the direction Of the legalyconsuted authorities OF the
country we are bound TO recognise the body coming
into life as legitimate in Its origin. 1t certainly did
spring from usurpaon does II rest its claims of le
pmacy upon bare assumption. 1t had it's birth in lega
i way. . III .
was spurious, because the members who constituted II
nd