Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1856-12-25


election was held undei a pretended law pass
ed by usurping Legislature, and therefore in.
| valid, which would of course vitiate any elec
ton under it. What change has taken place
IN the Territory of Kansas since then I? Her
! legislature stands to-day as it did on the day
the House rejected this Delegate, six months
ago, No new laws have been passed. Though
the application of this Delegate is renewed, il
rests upon the same ground that it did before.
1t is the same case over again, and we need no
precedent in deciding it, This House, sitting
as a judicial tribunal, has adudicated the case,
and declared that no valid election could be
held under the election laws of the Territorial
! Legislature of Kansas. And why Because
| the Legislature was imposed upon that people
| by an armed invasion from the State of Mis-
souri, and could therefore pass no valid law for
the people of Kansas Mr. Whitfeld's seat
was then contested by Andrew H. Reeder
and our position was, that the people of a Ter
ritory had right to be represented in this
House and if the majority of the actual re-
sidents of Representative district had chosen
Delegate, he ought to be admitted, though
the law of the Territory might be nullitv.
But the House, in rejecting Mr.. Reeder at the
last session, decided otherwise And the very
tlibhildl LiluI ucClSlun Is CALI
ed upon to-day to review it, In deciding cleo
ton cases, this House sits as a judicial tribu-
nal, and from its decisions there can he no ap-
peal :; and a case once adjudicated should be
considered good law, at least by itself
The fifth section of the first article of the
Constitution provides that each House shall
be the judge of the elections, returns and qmati-
fcatiGHs OF its own members :" and in order to
judge of the elections of its members, it must in
quire not only into the purity of the ballot-box
! and the freedom of exercising the elective fran
chiSe by the voter, but also, as a necessary
consequence, into the validity of the laws un-
der which the election was held To Judge of
the returns, it must see whether the forms pre-
Scribed by the law have been observed and
TO jndge of the qualifications of its members, it
! is necessary to examine the provisions of the
! local law, to see whether they are in conflict
with the Constitution of the United States.
which fixes the qualifications for members of
| Congress.
Now, sir, propose TO show that this Dele
! gate does not present prima facic case so as
to bring it under the usual practice of the
! House, which is to swear in the member or
| Delegate who presents a prima tdci. case. In
| order TO present Such a case. the certificate
must be in the form prescribed BY law. and the
provisions of the law upon which it is based
must not he in palpable violation of the Con
/ Sttution of the United States. If it is, there
could be no valid election under it. The face
I of the law and the certificate is therefore the
record upon which in the first instance we are
TO act
Now, sir, without stopping to inquire into
the validity of the Territorial Legislature of
Kansas, or their authority to enact valid laws
though | deny that there is any validity in
any act of that Territorial Assembly. because
/ its powers were never derived from sAe lust
consent of the governed. and is therefore an
absolute usurpation void from the beginning
| propose TO show, from the law itself, even
though the Legislative Assembly had valid
power TO enact it, that the law upon ifs face
is void, and that any election held under it is
therefore nullity This House need not wait
( the report of the Committee of Elections, where
/ the re- ord shows such state of facts The
bill passed by Congress, organizing the Terri
( tory of Kansas. prescribed the qualifications of
voters in that Terr tory in the fifth section of
that act which reads =
That every free white male iulabitant
above the age of twenty-one years, who shall
be an actual resident Of said territory, and
shall possess the qualifications hereinafter pre-
/ scribed shall be entitled to vote at the first
election and shall be eligible to any Office
within the said territory but the qQaliica-
tiOns of voters and of holding Office at all
I subsequent elections, shall be such as shall be
I prescribed by the Legislative Assembly Pro
ridei, That the right Of snfr0gc and of hold-
ipg offet shall BE- exercised only 6y citizens of
the JRited States, and those rho shall hare
/ declared on oath their Intention 10 became sHch
and shall have taken an oath to support the
Constitution of the United States aud the pro-
visions of this act"
Now. the Territorial Legislature of Kansas
cannot permit any person 10 vote in that Ter
ritory who is excluded by that proyiso. If
they have done so in the enactment of their
election law, it is an invalid law, and any cleo
ton held under it would consequently be an
invalid election The eleventh section of the
election law Of the Territory of Kansas pre-
scribes the qualifications of voters. read from
the laws of Kansas, published by order Of Con-
greSs, page 2S2 =
"SAc. H. Every free white male citizen of
the United States, and every free white male
Indian who is made citizen by treaty or
otherwise, and over the age of twenty-one
wears, who shall be an inhabitant of this Ter
ritory, and of the county or district in which
he offers to vote, and shall have paid Ter
ritorial tax. shall be qualified elector for all
elective offices and all indians loAo are iaha-
biiGnts Of fAis Territory, and ,ch0 may hare
adopted The castonas of the Thie HaH, and rh0
are iiaLe 10 pay taIts. SHALL Be das@dd cifi-sRs
Proridsd, That no soldier. seaman, or marine,
in the regular Army or Navy of the United
States. shall be entitled to vote by reason of
being in service therein Proridfd, ,fartAer.
That no person who shall hare been convicted
of any violation of any provision oil an act oil
a fnorIfIXnS