New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-10


urheardof proceeding. As the minority concur, in the
main in the general views Of this case presented by
the sitting delegate in the paper before alluded to,
which was submitted by him 10 the consideration Of
le Committee they deem IT proper not only in justice
20 him and the people of Kansas. but for the better
understanding OF the whole matter to submit It to the
consideration Of the House also and they accordingly
Incorporate il par OF their report. All OF which
''''''' '''''''''' ALEXANDER H STEPHENS,
WILLIAM r. SMITH,
MORDECAG OLIVER.
Here follow Reeder's original notice of contest, with
Whitfelds reply, already published. Then comes
MR. wHITFIELD'S STATEMENT
To The Committee u Elections:
The Undersigned, having presented his certificate OF
election, duly made and signed by the Governor OF
Kansas and the oath Of Office having been administered
TO him. as the Dele gate Of Kansas desires TO present
to the Committee the following statement IN reply to
that made by Go, Reedsr some days ago; copy
Of which has b. kindly furnished the undersigned by
q member of the Committee.
In the fret place. he respectfully submits to the Com
mitee that Governor Reeder, by bis showing has
right to be heard before the House Of Representa-
tves in tie contest he il prosecuting fOI the seat
occupied BY the undersigned. lie not candidate
at the election at which the undersigned elected
This BE- does not aege pretend Indeed he was not
a candidate at any election authorized Ivy any law.
The extent Of his claim TO represent Kansas rests solely
upon pretended votes for him at lille gal gatherings
Of the people, acting in open hostility to the regular con
sued authorities Of the Territory, under their organic
law. Nor 0oce ne even present any oI
d9nce Of his having been CHOSEN Delegate by these
revolutionary assembages who are attempting to set
up a government in opposition TO that established by
Congress 20 far as the undersigned Is informed con-
test for a seat upon the floor Of C0ngresseher forhe
place Of Senator, Member or Deegatecan only be in
itated and conducted by person who by his own
showing makes case in which, if ccessul nremOvng
o sitting member, he would be entitled to take and
hold the seat thus vacated. The act OF Congress OF
February TO- 1851 presenting the mode of obtaining
evidence in cases Of contested election passed to
protect the House of Representatives. against inn
proper contests; and It's provisions show that none
should be entertained except such as are Instituted by
those who are in condition demand, prln0 facie at
least that they be admitted to the contested seat.
The idea of cOnte sting election can have no other
meaning than that the party contesting must have
some legal claim of right TO what he seeks to obtail
Gov. Reeder having none in this case under any exist
ing law, cannot therefore, IN any proper sense OF the
term be recognized aconesent before the House OF
Representatives His position Is somewhat analogous
to that of any one who might choose TO petition the
House to refuse the admis ion Of member who pre-
sens himself with a certificate, without Any claim
that the petitioner is entitled to the seat In all such
cases the undersigned submits the House should un-
duestopaby refe to act upon the petition or memo
rial either to refuse admission or to remove member,
unless the petition presented some question affecting
the constitutional qualifications OF members; such a.
that the party against whom the movement vas lnstl-
tuted had not the requisite qualifications OF age, resi-
dcnce or citizenship. Under such circumstances the
Houhe doubtless would and ought to entertain the
and after investigation OF tue ldcl3
Il accordingly. But this would not be contested
election in the proper Of the term. To receive
and investigate such a memorial wOud be merely the
exercise Of the power given to the House 10 Judge oil
the qualifications of its members. This power
Is fully admitted by the undersigned. Nor does
he deny the right Of any person to raise such
questions touching the cVnstituiional qualifications
Of members, either by memorial or otherwise.
The House itself without any petition or memorial,
might properly raise the question themselves touching
the constitutional right OF any membert to hold bis seat
upon the floor. But Governor Rcedcr raises no SUCH
question touching the constitutional qualhcatonsO Oh the
undersigned. His allegations are, that the law unde
which tie undersigned elected and certified to by
the Governor the duly chosen dele for Kansas,
was inysld and void because, as he airns, the Legs
ature tina, passed il not properly elected them
selves and did not egislae at proper place. These
allegations raise questions relating not TO the quanh-
cations Of the Undersigned under the Constitution, or
the returns Of his election to this House; but reatngto
the qualifications and returns of the election Of the
meubers of the Legislature Of the Territory Of Kansas,
as wei sthe legality of their proceetng-.
These are questions which the undersl3ned, In the
second place, respectfully submits to the Committee
cannot properly be considered and decided by the
House Under the Constitution of the United States,
each House of Congress is made the sole judge OF the
qualification and election return of its own members:
So in the Several State Legislatures and Territorial
Lfgisatures each house is the sole and absolute uti-
mate Judge on these matters In their respective or
Canzations The law of the Territory uIder when
Tie undersigned was elected be submits to the Com
mi.tee. 1t will be found on page $3.50 OF the volume
Of the laws of Kansas, published by authority
II was passed BY the Legislature organized IN
pulsuance of an act of Congress, with which the
Committee and the country must be familiar IL
bears upon it's face the same verify and has the
same sanction Of the regularly. constituted author
tiles "a the public laws OF any of the States or
any Of the other Territories The undersigned there
tore insists that the House cannot properly inquire into
me validity of this law upon the ground that the
Legislature which passed ii not properly elected
That is a question which another tribunal has the sole
power absolutely to determine. The judgments OF al
courts OF competent jurisdiction are conclusive upon
oil matters embraced in them. and are binding upon
all parties Their validity inva.ldity cannot be m
1ufed into Nv other courts. Every legislative BODY
IN determining upon the qualifications and election re-
turns of its members, acts in Judicial capacity va
such questions they sit court and as their Jurls
dicton is full and complete over the subject matter so
their decision must be final and conclusive. O;her
wise The validity of any law Of Congress might be as
sailed and inquired into in any of courts upon the
ground that some or all of the members constituting
one or the other branch of the aw-making power
were not pr, peiv elected. The House of Representa-
tyes then sitting a court upon this matter no" De-
fore them can inquire into such facts relating to the va
Edy C tie laws Of the Territory of KansaF, and such
onv alany oher court or judicial tribunal could inquire
into upon the same point. As, il determining upon
the validity or cons,iiuiionaity of State Law. they
could not INQUIRE into the qualification. and election re-
turns of the members composing the Legislature that
passed H. so they cannot do il in this instance. The un-
d, sgnei therefore submits that the testimony pro-
rosed 20 be taken by Governor Reeder not cOmps-
tent 10 prove the strements made by him.
BIZ. IN the third place. the undersigned does no'
wish in what be has submitted. TO be understood as