The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-27
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Annexed Il the report of the Committee on Eiec
tions on tbc Kansas contested seat -


Annexed Il The report of the Committee on Eiec-
tions on The kansas contested seat =
REPORT.
The Committee on Elections who have had under
| consideration the memorial of a. H. Recder, claim
inA the seat delegate from the Territory of Kan
sas now held by W. Whitfield, and the report OF
troubles III the Territory of Kansas with the accora'
panyiDg evidence aow sabmit The following report
thereon
Your Committee Teeve that AI the conclusions
as matters OF fact arrived ~ By the said Special
Conn lttee aie clearly and incontro,erAbiy estab
lisled by the testimony il tie case. Among those
conclusions applicable 10 the question OF the seat in
controversy between j. w. Whitfield and A. n
ReeLei are ne following -
Thai each election 10 the Territory, held under
the organic or alleged Territorial Law, has been car
red ~ c8uzed invasion from kiEsonri, by whic
the people II the Territory have been prevebte
iron. exercising the rights secured 30 tfemby the
Ilsi tie alleged Territorial Legislature was an
Illegally constituted body, and had U0wer to pass
valid Law and Their eractmenrs are therefore null
and void.
That the election under which shersitsng delegate
John W. Whitfield, holds his seat was not held in
pursuance q any valid law, and that il should be
earded Only as the expression OF the choice oil those
resident citizens who voted for Kim.
That The election under which the contesting dele
gate Andrew II. Reeder claims his seat was not
held in pursuance OF law, and that it shonld be re-
garded only the expression Of the resident citizens
who voted for him.
That Andrew II. Reeder received a greater mum.
beI Of votes Of resident citizens thcn John W. Whit
field for delegate.
That in the present condition Of the Territory a
fair election cannot be held without census q
stringent and vel gDrd election law, the selection
OF impartial JUDGES, lnd the presence OF the United
States troops at every place of election.
In ylev Of these conclusions that the election of
j. w. Whitfield Was without any authority OF law.
and that he comes here as the choice of only mno-
rity OF the resident citizens OF Kansas your Com
ntee decd hat he nos entitled TO the seat which
hC IL y N rpf1C,
The election under which A. II Reedec claims.
was equally without authority OF law but inasnucn
as he comes here az the choice of much larger
nun Der Of The resident citizens of Kansas than the
nun Der OF those who voted for j. w. Whitfield your
Committee recommend that he be admitted to seat
as Delegate from the Territory Of Kansas.
TIE Office OF delegation from a Territory is not
created by the constitution. Such delegates are
lot members OF the House, AID have votes in its
deliberations.
They are received as matter OF favor as organs
through whom may be communicated the opinions
and wishes OF the people of the Territories. II s
competent for the House--and this power has been
often exercsed-o admit private parties to be heard
before It by counsel 1t must be equally competent
tor the House at its discretion to admit any person
10 speak in behalf Of the people of the Territories.
II may, II 1t sees t admit more than such per-
son from each Territory. Under ordinary crcum-
stances TO calling for the exercise Of this dis
cIftioDal power will arise. In all the laws creating
Territories, provision Is made for the election o.
delegates to Congress, and the people of the
Territories, having the opportunity to be heard
through such delegates, and by memorial and
petition, under the general provisions of the con-
sttuton could not ask to be heard through any other
agency. In the present case however the people Of
the Territory OF Kansas have been deprived OF the
power TO make strictly legal election of delegate by
an invasion from Missouri, which has subverted their
Territorial government and annihilated its legisa-
iv, power To deny to Kansas the right to be heard
through the choice Of its resident citizens merely
because that choice was manifested outside of legal
forms, and necessarily so, because the law making
rov destroyed by foreign violence is TO deny
to Kansas the right 70 he heard al all the floor of
the House.
Your committee cannot recommend to the
House to declare that the seat of the delegate from
Kansas Is yacant, and to order that q new election
be bed. The object ons 10 such o recommendation
are obvious and ipsuperable No Jaw exists in Kan
SUE for the election Of delegation IT, Congress the
provision that subject in the organic law having
reference only to the first election and no Terrto-
rial law Tor srch an election be enacted for the
plain reason that the law making power of that Ter
rirory has been subverted by usurpafion. To send
this case back TO the people Of Kansas for nev
election Il merely to invite repetition of the
scenes OF last October and it is quite certain that at
The next session OF Cor yress person would again
appear, claiming new election under TeTr1tor al
laws which your Committee regard as nnlli.ies while
some other person would again appear, claiming
new election, as the choice. outside Of any laws Of
a maority Of the people.
1t is undoubtedly competent for the Congress Of
the United States to enact a law. under which q
legal election of delegate from Kansas could h.
enected. Should such law be- enacted and should
delegate elected under IL appear here, your COM
mitee cannot doubt that he should be and would be
admitted TO seat. Bnt in the meantime aad until
such an election IL ordered and held your committee
arc o. opinion that Kansas il entitled to be heard ON
the floor OF the House. by the agent chosen by
majority of her citizens.
Your committee therefore, recommend the adop-
tion Of the following resolutions
Resolved, That John W. Whitfield l. not entitled to a
seat IN this House. as delegate from the Territory q
kar
Resolved That Andrew n Pceder be admitted "a ,
seat on this floor a. delegate fom the Terrsry OF Kan