The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-12
T7g uousR on REPRESENTATIVES, 4 LAwLEss

"
|, : rms HOUSE or REPRESENTATIVES, A LAwLEss
B0DYf
p.ors the reader allows himself 10 DO excited or sur
Ia b. this uterrogatory ask him 10 fix bis eye upon
o,eed portion Of the following extract from the re-
n, the majority Of the Committee Of Elections the
clinton to send for persons and papers for use in the
Il ,nsas contested-elcction case
The affection TO this investigation, the ground that
contestant esopped from denying the legality OF the
legislature to your committee to be entirely
narrow and untepable. The doctrine Of estoppe pro
ed BY all Judges aud lawyers 70 be an odous one, even
ns Of Justice bound down by strict rules Of law, which
Iy cannot tAngress and il never treated With favor Ia
M g.e hicA bound by rule bat 10 Of right
a.ati0as discrefoa IL would be most singular, at
10 select one Of the most obnoxious dogmas OF the
ma, law-one not binding upon rs, and which adopt
eject at peasureoDe which the courts have desired to
I'D Of and make il, unnecessarily and grauously the
mean. Of shutting the light from ourselves and the PEG.
M and of eectuaIy smothering investigation Of facts
rbich have COW ulscd the country
u lie true as here distinctly asserted that CHS House
lu,d bv no rule Jui il q rjgh and conscien-
oo, d,,croa we do not hesitate to venture the addi
assertion that il is the first House of the kind that
b.s ever assembled in the national capital We were
aware that a very large portion probably majority Of
1.-The members iQenIHtu WIN
the nheheraw doctrine" in regard 10 one particular sub
ec but we had supposed that there was leading
committee majority of which maintains that the only
rule for its action is dts Of right and eonscien-
lions discretion on question of contested election in
ovpg the settlement of legal and constitutional Princi
Epe
We happened TO be present in the Senate few days
ago when the right of the Hon Lyman Trumbul to his
seat us a senator under discussion. The learned
chairman of the Judiciary Committee in that body Mr
Buer) said that in acting upon the question before the
Senate every senator acting in the capacity and under
the responsibilities of a Judge The whole Senate concur
red in this statement, and agreed that in deciding the
claim Of Mr.. Trumbull to seat they 10 be governed
by the same rules which control courts in determining
legal and constitutional questions If any senator had de-
cared during the debate which characterized by
usual ability that the Senate bound by rule but its
own sense of right and conscientious discretion
sure that the sentiment would have shocked that august
body How different is the sentiment which to OBJ
tain in the Housed
According the Judgment OF the Senaeand in its
recneas feel fully satisfied that the country will acqu,
esceon the trial oa contested claim in Congress
tion in express language makes such issue judicial
question Each house snail be the judge Of the elections
retarns and qualifications of its own members" How
each house to asP Is tpossibe that there's other
rule than the of right and conscientious discretion OF
each member OF what is the House JHdge? Are the
elections returns and qualifications of minority of the
House subject be determined only by the Of right
and conscientious discretion of the Majority If there be
other rule than this there is telling how soon the
majority, by sweeping resolution, may determine to
Gust the minority and conclude to manage matters their
own way without the annoyance of yexatious opposition
The position is than absurdity-it is outrage
upon reason, right law, and the constitution.
The decision Of every conestedelecon necessarily
involves questions of fact and of law and these be
determined by the rules that govern courts in the
trial of other causes These rules definite
tain, as red and as well established in election cases as
any others The law applied the facts settles the
well the other and neither is the result left the
of right and Conscientious discretion Of the pre-
siding judge In The between Whitfield and Reeder
the House is the court and each member is sworn as
Judge Of this court 10 decide according to the law aud not
according to his own sense of right
Gen. Whitfield bases his claim upon certificate which
the fact that he received given day
hundred votes and that nobody else received any votes
and hence that be duly elected delegate from Kansas
This certificate signed by Wilson Shannon governor of
Kansas He sdduecs the law showing that the cleo
ton was held on the proper day then that Wilson Shan
non il governor Of kansas and next that it is his duty
give the certificate Of election This is oil that Is re-
Quired primo acie to entte him his seat Tue court ac
cordingly assigned him seat
But Gov. Reeder along and files his memorial in
which he insists that Gen. Whitfield ought be ousted
aud his seat given TO himself the delegate from
Kansas When asked for the facts and the law which
he bases bis claim he admits that he has law but
that be has many facts be is allowed prove them lie
says that the people OF Kansas without any law but that
Of seLgoyernment elected him be delegate and be
lies upon "he Of right aud conscientious discretion
of The House to recognise his claim He has the same
opinion to the absence Of all Fixed laws in the govern
mcn Of such trials which the majority Of tue committee
holds.
Bat whether he has any claim or not Governor Reeder
ia General Whitfield has none and to sustain that
opinion he alleges not that General Whitfield was not voted
for on the day and the places Fixed by the Kansas law
net that his certificate not due FORM not that it is not
signed by the proper officer not that he did receive
two thousand legal votes and nobody else any that
the law Of Congress did authorize the Kansas egsa-
tue 10 fix the time and places aud mode OF eccug del
rgats these things be admits but he says that several
hundred Of the twenty hundred cast for him
we're Nssourans, aud therefore illegal.
Sutwhy bring proof Of that itis fred rule in cleo
tst cases not to eject the sitting member If there e
81 votes for him. add many legal for