Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-03-27


Granted: bat I submit that an election By non
arsidsus Of fhai Territory q Legislative Al,
ssmbly. so chosen, Of ths,territornl powers Of
legislation. is an infrRetiOn Of The oFgaEic law
as gross as could tS'auy legislation which
Legitimate Legislative Assembly OF that Terri
tory could enact Il is clear. therefore, that
The Inherent power 10 Congress- " restrain ille-
gal legislation IN the Territories may be exer-
ted 10 restrain the sEsrcis' Of any ls Zislatve
powers, or The ensclGsnt Of any territorial
statutes, By "A illegal Assembly. chosen by
nOnIreade1s invaders, and which has assumed
wr9pgully to be the Legislative Assembly Of
the Territory.
,Busi1 is'furthsr objected that the name Of
ne invaders aud the number Of illegal votes
are not given. In the nature Of things, that
would be impossible, and that which is impos.
,sibis Is not required. TIE memorialist might
well know AAt these invaders came and con-
qusrsd Ksuaas, but be wholly unable to give
either their names or their numbers. l have
no reSson TO doubt, cor do believe it is
dop5ted by any one. that the Territory Of Kan
Sls was, on the 50th Of March last, invaded
by non.residents, and that its election then
held was controlled by the armed Intervention
OF these invaders. That, sir, is fact Of his
tory. II this be SOL care not If il be never
Asesrtainsd definitely what we're the names Of
Ahsss invaders or how many Of them voted
# Il be established by proof that this election
OF March last was unlswfuly controlled aud
superintsnded by them, by violence and 10
open disregard Of the organic act, then we
owe it to ourselves, and to the supremacy o.
our laws, 10 declare that election void aud o.
NO effect to let it go out to these invaders
and disturbsrs Of the public pesco that oul
laws Ere supreme, and that they who take thu
sword against them shall perish with th'
'sEord.
But it Is further urged here by the minority
cit is pretended in this csse--it is not even al
legsd"-lhat at the election held on the first
Monday Of October last, "some one else re-
ssiVsd greater number Of legal votes than he
whose seat is contested" I'M. Whilfeld;l and
tAs minority add. "if the polls for instance in
shis case, showed, as it is said, twsnty-nine
hundred votes for the sitting Delegate, and il
be true as asserted, that several hundred oI
even tsenty-siga hundred OF them were illegal
vet he would still have one hundred legal vote
to 70 upon, and TO hold his seat upon, unles
Il be shown that SONS other person receive
more than one hundred equally legal votes
That depends wholly upon the question in il
cue Was tbe election held on the first Mon
day OF 0ctoberl last, legal election, duly au
thorised by legally enacted territorial law F!
1t was, then TIE one hundred legal votes out Q
the twenty nine hundred said to have bee
given for the sitting Delegate. might Ip th
supposed case sDliLls him TO bold his seat.
II shat statute MAS Illegal, passed by an Al
ssmbly Of usurporS, the very fact suppose
by the minority, that out Of twenty-nine hur
drsd votes cast there were bus one hundre
given by qualified citizens within the TsrritOr
who did not vote, would argue against th
election of the sitting Delegate and if th
posifon'o of the min ority be true, that ther
could be no valid election of Delegate withou
Il was authorised by territorial law, theI
there was 20 objection If the people of th'
Territory might elect without territorial stat
ute prescribing the time, places, and manne
thereof, then submit that vote given with
out the authority Of valid statute to tbs sit
ting Dslegats, on the 6rst Monday Of ocLobe
last, Of tweuly.nins hundred votes, only ont
hundred OF which were given by qualified vo
tsrs, would not elect him or ontile him to hOl
his seat against the claimant, (Resder,) il o.
the eGh Of October last, at another election
held IN like manner, within the Territory AM
without the sanction Of a valid statute, th
claimant (Reeder) received all the votes theI
given by the qualified voters Of the Territory
amounting to twenty-eight hundred, "as it il
said is shown by the polls. If there was NJ
valid territorial statute authorizing the election
on the first Monday Of last October, and pre-
Scribing the time, places, and manner thereo
-AsI have shown there was not--then it fol
lows that The election Of the 9th Of 0ctobe
had as much the sanction Of law as that OF th
6rsI Monday Of ocrObsr; and this might a
properly ss that be Characterised las an elsc
tion held by prOmiScuouS gatherings OF th
people," without The authority Of law. In suc
eSse-il these elections be regarded at all
hc will o! the majority Of the qualified volel
who yOted at each should govern. And sui
nit that tie election Of the memOrialiat IRE,
der, on the OH Of October last, by the peac
able act Of the qualified voters Of the Terrific,
is entitled to as much consideration in Il