The daily union., 1856-03-26


the rules governing the election to decide ii and the two
houses of the legislature insisted that their paa
mentary and legal right to decide it Ny opinion Is,
that the houses correct in their position But be
that y i may hs merits q the question before ~ arc mo. moi
the right IL is admitted fact that out OF twentysx
members composing the house Of representatives Of Kansas
he governor claiming the right TO judge of this natter
did jaaeay and nistrialiy award certificates TO
of these members having been duly and prop
ery elected on the 3oh March in Of his proea
nation duly and legally made And like certificates he
gave ten out of the thirteen members composing the
council Thus large majority Of both branches Of the
legislature audgsd by him TO be duly chosen and
turned members thereomembers whose election he now
says carried by INVASION and that they held the
places which he assigned them by nothing but usupaton
not upon the question OF his estoppe; am con-
sidering question of his right to Judge and in that
vew the effect OF his Judicial Judgment rendered IN the
Keep in mind that upon every question before any rb
nal which has the sole and absolute right to judge In the
matter when the final Judgment Is rendered, it is forever
conclusive upon the points embraced in it. Elections
held in May by order of the governor fill the places the
nine members and six councmen rejected by him al the
March election To those elected in May to those paeese
gave like certificates Every who took bis In Tho
legislature at its organization was adudged and certified
by the governor be entitled it. The legislature there
fore if the governor had the right judge legitimate
y and legally constituted and their claims TO be recog
missed the proper lawmakng of the Territory
not upon bare assumption or usurpatioD. And on the
other hand if the houses had the right settle these ques
tons touching their organization the result is the same
for they too settled the question the way to the
original seventeen members of the house and council
and their Judgment must be co,clusiye upon the fact
that majority of both houses properly constituted
In either vew therefore may take the hands in
which this power Of judging lodged the question is
closed res audicao and we have no right now
to open it. repeat am not upon the point of Reed
ers individual personal estoppel in law What affirm
iB that this question: from admitted acts closed udg-
men has been rendered. and there appellate ursdc-
ton in this House, in any other tribunal We
open bisqueson than that Of the proper
ganzation of any State legislature.
The gentleman on my right, TO whom have alluded,
Mr. KUNKEL said in the of his remarks yesterday
that this House. have gota and have often
gone into inquiry into the validity Of the laws of the
States in Judging of elections to this House Sir do not
deny this admit that we may pass upon and Judge Of
the validity Of any law coming before us in such just
court do and upon just such grounds and such
grounds only properly do The grounds upon
which this inquiry ssought courts will inquire into
touching legislation and the rules governing the aw-m-
king p1bEer which must be considered closed and
when Judgment is rendered in them it must stand until the
Mr.. SIMMONS, Win the gentleman allow me to ask
him a question: by @.#} @". p 4Es.. .#..
Mr. STEPHENS. With pleasure. .a.a..
Mr.. SIMMONS. ask whether Judgment is valid for
any purpose whatever until it be shown that the party
whose name it is is the true party2 mo . -.
MIR. STEPHENS To ascertain the true and proper party
is part of the proceedings before Judgment That is
of the matters be settled by the Judgment and when
settled by Judgment finally rendered by court Of
competent jurisdiction the subectmatter it settled
forever Whether the party in whose favor it be rendered
be the true party not cannot be inquired into after
wards elsewhere And in this persons pre-
themselves the elected the peo
pie of Kansas in their legislature. They presented their
credentials the governor claiming the right to pass udg
ment udieiay in their favor, certified that they the
proper and true party They then took up their
dentals in the usual way OF legislatures and to
similar judgment to a large majority in both houses
That Judgment viewed either way you please, is final
that question. That is my answer to the gentleman
But the gentleman from Pennsylvania in speaking OF
the Inconsistency of Governor Reeders courseo
he seemed ready to admit his great inconssences--
| Mr.. KUNKEL No, sir ! / said it was not necessary
TO argument to that Governor Reeder
Mr. STEPHENS. And the gentleman added that lie
could not speak for his consistency. Now, what /
about to submit to the House is whether body de-
fend his coarse2 intend speak of the facts they
detailed before us in these reports and know them
to be- He was duly appointed governor of Kansas. He
accepted the trust and in Office when according
his showing, the election which took place in that
Territory the 3oth of March held in pursuance of
his proclamation. Twentysx members of the house
of representatives and thirteen members of the legislative
council elected. These the numbers Of which
the houses respectively composed lie assumed the
right to Judge of the election of these members
The rules governing the elections prescribed by him
SELF and very rigid they The judges Of cleo
tons required not to allow any nonresident to VOTE
and take oath that they would not These returns
submitted 10 him. and he examined them. He rat
fed the returns and gave certificates to seventeen
bors of the house and rejected but nine He gave cer
Gates to ten members of the council and rejected thee
He ordered election to be held to fill the places Of
those vacated by himsef but the two houses as have
slated assuming the right TO judge of the qualifications Of
their members aer they met decided in favor OF those
who had the highest number Of votes the first election
ing Of this March election until the legislature met Ho
then said nothing of what hear of the Of
this election But he governor upon being notified
that they organized In obedience to his CALL ad
dressed them the legay-assembled and constituted
legislature of the Territory As late the 2ls Of July
after The houses had acted upon the subject o. The contested sea
Tie Of the members and three couc7sn rejected
By him. he again addressed them in message and in 1t he
nothing Of invasion He says nothing of subjuga
on-uothng Of martial music and "srtllery"nothiug
of "border rufansm" nothing Of their dcion IN the cases
Of contest rtrsdt But he addressed them then the e
gay-constued legislature Of the Territory. IT. there
fore Governor Reeder had the right judge of the election
returns claimed not his acgesccne u the de-
cson of the houses matters pertaining to their organi
zation q6rance his part Of their judgment those
cases And his instance shall now 70 behind not
only judgment of the houses Of the legislature on these
questions but his airmsnce of that judgment by OH
Cal act OF Governor Reeder himself2
But sir wish to notice other matters that have
dropped in this debate Another gentleman from Penn
sylvania, my right [Mr. CaurBEIL1 gave a reason
why this investigation should be gone no-why should
set aside Gov Reeders judgment In this case-that he
gentleman Of high cbaraeter--a man Of WORTH
standing high in the estimation of the people Of his State
and that this investigation due him as SUCH Well
Mr. Speaker say 10 the gentleman that ifwhat Governor
Reeder says be really true he certainly forfeited
and lost all just claims he may have had the high and
exalted opinions of his counrymen he certainly shows
himself guilty Of the most fragrant and gross dercton Of
duty that any public officer in the whole history of the
country guilty Of The gentleman from Pennsyl
vana must admit that If the Territory committed to bis
charge invaded by armed force by which the le
the polls every district one and the polls seized by
Vboh Inv