The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-24
THE NATIONAL ERA: WASHINGTON, D. c, APRIL "a, 1856

visions of this a,t; and who actually reside within
the Territory" Now, if the electors who chose the
members of this Legislative Assembly were at the
time non residents of the Territory and if the per-
sons who supsTiR,ended that election not the
persons appointed by the Governor-as is charged
by the memorialist then the election was illegal
snd void and the body Of men chosen at that cleo
ton were not the members of the Legislative Assem-
by of Kansas elected by the free suffrage of its cit
zens but body OF usurpers, chosen by the iawiess
fact, who can? Under a well-regulated Government
of laws there is no great public wrong without a
remedy and an adequate Temedy. When your law
lis thus trampled under foot, and UsuRPERs arrogate
to themselves its rghtful powers of legislation it is
mockery to say that such usurpers are the sole and
exclusive Judges of their own qualifications and cleo
tions and that in determining which they act as
court and their judgment is fR0L
Such rule applies only to the Legislative Assem-
bly of an independent State The Territory OF
Kansas is not an independent State, nor is the
Lsgsattvs assembly of Kansas the sole legislative
power of that Territory. The organic act vests as
ernor and such Legislative Assembly as shall be
elected by the people Of the Territory at an
held at the time and place. and superintendent by
the persons appointed by the Governor. and not in
and supeyfnsenaed by mob, And We have seem
further that the legislative power OF the Territory is
expressly restricted to such r1ghuL subjects Of egts
Lxfoa as are consistent with the Constitution Of the
United States and the organic act What tribunal
ia to Judge of the consistency Of this Territorial legis
lation with the Constitution and organic act? an
swcr Congress-otherwise there would be no remedy.
Some of our Territorial acts contain the press asser
ton of this power of Congress to restrain Territorial
legislation by declaring that Congress may negative
Territorial cnactments.
This power was not vested in Congress by any bill
for the organization of Territory, but is q power
conferred by the Constitution and not transferable
BIZ any act of Congress to any Territory. IT. there
fore, statute of Utah may be avoided by refusal
of this House to approve it, is expressly declared
by Territorial law for the organization of that
Territory in like manner may statute of Kansas
be avoided. Why was this power ever claimed or
asserted by Congress Manifestly to prevent un-
constitutional and Illegal Territorial enactents If
Congress may rghtfully exert this restraining
to prevent illegal legislation by Territorial Legis
lature duly chosen why may not Congress exert the
same power to restrain illegal legislation by an as
sembly of usurrers, tho very election of which was
in direct violation of the supreme law of the land
1t is unquestionably sovereign right of the people
of the United States to extend their own law over
their Territories and to maintain it there invio
late against invasion or infraction.
1t may be said here that the vaitdity of the cleo
tion of the Both of March last for members of the
Legislative Assembly of Kansas does not involve the
enactment of Territorial statute for the approval
or disapproval of Congress. Granted; but submit
that election by nOnresdentS of that Territory of
Lsgtsfatire assembly, and tho usurpation by sUch
assembly, chosen of the Territorial powers of leg
slation, is an infracon of the organic law gross
lative Assembly of that Territory could enact. 1t is
clear therefore, that the Inherent power in Congress
to restrain illegal legislation in the Territories may
be exerted to restrain the exercise of any gtSai0e
po,cers the enactment OF any Territorial statutes
by illegal assembly chosen by nonresident inva-
ders and which has assumed wrongfully to be the
LsgisLatiUe ASSemJty of the Territory.
But it is further objected that the of the in
vaders and the number ofllegal votes not given
In the nature of things that would be impossible and
that which is impossible is not required. Tho me
moriast might well know that these invaders oaD1e
and conquered Kansas but be wholly unable to give
either their their nunibeIs. have rea-
TO doubt, do believe it is doubted by any
one that the Territory of Kansas was the Both of
March last invaded by non-rcsidents, and that its
election then held was controlled by the armed in
terventon of these invaders. That, sir, is fact OF
history If this be SOL not if be ascer-
tanned def1tttLy what were the of these inva
ders hOtc many Of them voted-ifit DO established
by proof that this election tf March last uniaw-
fully controlled and superintended by them by vio-
lence and in open disregard of the organic act then
owe it to ourselves, and to the supremacy of our
laws, to dcare that eiecfsOn cold and Of effect to
let it 90 to these invaders and disturbers of the
public peace, that our laws supreme and that
they who take the sword against the laws shall perish
with tho sword.
But it is further urged here by the minority that
it is not pretended in this caseit is not al
legged that at the election held on the first Mon
day of October last some one else received great
ernumber of legal votes than he whose scat is con-
tested" Mr.. WHITFIELD !; and the minority add
if the polls, for instance, in this case, showed
it is said twenty nine hundred votes for the sitting
Deleg ate, and it be true, asserted that several
hundred ticenty eteht hundred Of the m were
Illegal, yet he would still have hnRdred hgol
votes to 60 upon, and to hold his seat upon unless
it be shown that some other person received more
than one hundred equally legal votes That de
ponds ,ohotIy upon the question in issue: Was the
election, held the first Monday of October last,
legal election, duly authorized by legally enacted
xfnrs ol 1ax, al - IL
legal votes out of the twenty nine hundred said to
have been given for the sitting Delegate might in
the supposed case entitle him to hold his scat.
Hthat act was illegal, passed by an Assembly Of
usurpers, the very fact supposed by the minority,
that, out of twenty nine hundred votes cast there
were but one hundred given by qualified voters,
while there thousands of qualified citizens with
in the Territory who did not vote, would argue
against the election of the sitting Deegate and the
minority being judges without legal statute. there
was not on that day, and could not be, election.
But if tho people of the Territory might elect with
out Territorial statute prescribing the time places,
and manner thereof then submit that a vote given
without tho authority Of valid statute to the sitting
Delegate, on the first Monday of October last, of
twenty nine hundred votes, only hundred of
which were given by qualified voters, would not
elect him. or enttle him to hold his seat against the
claimant (Reeder) if the 9th of October last at
another election, held in like manner, within the
Territory, and without the sanction of a valid stat
ute, the claimant (Reeder) received all the votes
then given by the qualified voters of the Territory,
amounting to twenty eight hundred, " as it is said
IS shoscn By THE polls. If there Uaiid Ter
ritorial statute authorizing tho election the first
Monday of last October, and prescribing the timc
places, and manner thereof-as have shown there
was not-then it follows that the election of the 9th
of October had much the sanction of law as that
of the first NJ onday of October; and this might as
properly as that be characterized " as an election
held by promscuous gatherings Of the people"
without the authority of law. In such case-if
those elections be regarded at all-the anil of Tie
majority of the qualified voters who voted at each
should govern. Ard / submit that the election of
the memorialist (Reeder the 9th of October last
by the peaseable act of all the qualified voters of
the Territory, is entitled to as much consideration
in this House as the election Of the sitting Dele.
gate on the first Monday, by the votes of only
some of the GU Allied voters and of hundreds of the
invaders, of that Territory.
We do not sit here to sanction the violent and
unlawful acts of mara uders Let it be forgotten
that it is fact confessed here that several hundred
persons, non-residcnts of the Territory of Kansas
did vote illegally for the sitting Delegate the cleo
ton held on the first Monday in October. Whether
the election held by the people of Kansas the 9th
of October last was illegal for want of Territorial
statute, of which by UNLAWFUL INVASION they were
deprived also of the privilege TO choose Legis
lative Assembly for its enactment-or whether this
House can or should sanction the selection made
that day by that conquered people, of the claimant
(Reeder) as their Delegate and agent to represent
them here, will not now nquire-as these questions
do not arise upon the report now before the House
upon inc record before u.s. aver II 10 De the Jact,
that the legislative rights Of the Territory have been
usurped, in defiance Of the people, and in violation
of the law that these usurpers have uplawfully
legislated and thai because of this patton their
legislation is void as well because it is not
siSent with the organic act the Constitution The
minority say you cannot inquire into this. five
can, thou it to be admitted that we should.
have given my reasons for holding that we have
the power to make this investigation. I only add,
upon this point, that where a sovereign State
has chosen to kgiSkate and enact, in formal man.
ner, that an election made by previous Assembly