New-York daily tribune., 1856-08-05

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! rvcie, VITO ihue j n fov &c time unc Ared II,
snd wirhu government. Gtteral ID, dgo, tbe laet
Governor 81 TIE Ttrtor, had taken lis seat in the
S,pnte n1d Il Tori oiis Government 9ss al solved
srd dito ,n,,nucc. NJ C>tln the forcr Sec,,ary Of
| tie Territory, lt the Dow State, eJd j,iuing the
Noiuc,d mlAbr-Its d,mtd TO be- acting Gov
eip"r ard rsued MS poc ameiion for a
! -1ecia election of q de.g,te 10 Cougtess
| h,my II SlLty was f,cted, tro upon Secretary
CihIe cIifcH. adnittt 10 hi. seat y avotc Of
| lcitO 62 three members thi- ioui voticg in
! the affirmative. GtDticmsn who contend that this
! eecihI possessed iegai frmaies must contend not
OlJ Tia The Territorial a@t rtmaiu,d n force in the
II. Cr,ix coutty but that the Offices It'll turvvcd.
and ilc p'lrc ,Olt ca organization called the Terri
| tory f WscCIsiI, witch | 8d been inverted into I
state tnd exiting uishcd st exis' cd III all lie validity
H. The Hgmeht cf G. uh'ry wLch bad been excluded
lhat the awe cid suryiye dormant for the waut If
| apy oro to aoDiorter them may very probably be
tt. case but ihnt ;b4 ofc and political organza-
;ioD of the Territory entirely gone and destroyed.
| il perfectly plain MI CatlA was rec uced TO pm
| vae IL ndNioudl, and his proclamation ordering On
| ,,ction w0e unsul orized ano VOID The election
oeIved all lis virtue from the act Of the people alone
sId tbs WAS properly corslGertd sufficient to ADMIT
| the ECt gate 10 ils seat.
lhc btXl case will cite wss one in which there was
pniieo rebate. The day ster the admission of Cal
| ifmnia, Mcssrs Wright and Gb,r; presented them
selves bele Us nemttrs The informal character of
all The Proceedings H. Califoin WI 81 own, that
| viii rot CONSUME time III 1efeiri g tO them Mr.
Ven n-be of Moth Carolina objected on the gr 'und that
time y acr and manner ot e ctOn for members to be
fAed 10y Law, that can be the It prrsrntq.
tiN ilom State elect iii pur uancc of law
uase ed tht Legislature, al that such law Is part OF
h- col iiIuiioual ttl-. He showed by the cerd jdes
Of Il ciCu ard The scbcC ME That Oh the cay when
.L,re gtnt!en were flec'ed, there no n-itu
tiou 10 aw. snd 10 l., gi-luture that by tue Const
tuiup Of The UDtd States the qu8lnca'i'n of voters
'or ueuh hts relatively hxed, being such as vote for
the OFT nuntou. tIaGch Cf the State Legislature
| and be qualhcn'Ions had lot then been fixed.
| These ObicctiOis wte true III TACT, and undenel;
| was pain that the election had taken place
without u government, and without law, and
without authority. Mr. Robinson of Indiana
stated that in oil the Sts'es, except Ms:
sou,i aud Texas representatives had been elected
ard atmited without aiy previous law passed by tte
Ltgi.la'uIc which assertion was LCt deuied. Ii En)
al wei TO say tat the admission of The state by Con-
g1es- Operated ret ospt vey to validate that election,
Tor it old Lot ecessaIiy any uch thing and even
if the law of miss ion had t;h.d them by
p-,SS celebration, WOulG have been Hull and VOlf,
inc Hou.e bribg The constitutional anc exclusive jurge
of he validity of the elections Aud may add that,
Rad the ra hc5iO: been express valid and binding
on tbe House, il does not sfitct the question, III rat
i6cation Of the question Of these irregular elections
equally selves NY argument, ~hether uade by the
Sepai- and Uouse OF by the House alone. They were
a. mjtted ty vote Of lC9 TO 50 two members of this
House voting Ay and their credentials were referred
10 he CoEMit,e Of Elections who never reported,
sud they were allowed 20 retain their ee7ts
| viii re'tr bu, TO more III the House,
%
dana be Ill full operation unCer the O-ganic act,
tie Cox dissolved the Legislature, as he had
tight by law 80 Do. On the 80 OF February 1902 the
Ttrlitt ~ OF lliDCis cut off, aid five members Ot
the Lee islaTe & lbulana were lncuCeo In the new
reIrtuIy thus working the Oticia GestuctlOD OF the
Legislature. On the 21h FEBRUARY, ls0?, al art of
Cmg,tss wds passed, upOn the mistaken assumption
Il ~ tlere Legislature III existence III lnditna,
Which net I1ovideO for apportOnuen by the sup
pc,eo Legislalnie 10 be fol owed by election for
repes' n'aiVe under said spportioumeut, aud direct
that When tte people shall 80 elect rePrese ntetves,
tiey shall aso elect a Delegate to Congress. For
want OF Legislature to make Ills apporOnm- Mt and
10 fix The time, places anC orns, The act OF Congrers
fsi and Nv such tctlon cOuld be hello as Congress
had contemplated The Governor rather than
the Territory srOud lose ns rtpresen ative, as
sun % the authority 10 order election on a
day al d in ndDIer fixed by himself, and gave the
Dele tgate elect certificate. How re nark1Dly ana
s'rkn gy cunOus is the resemblance between that case
al d the ule Low before the House Then, as nov,
Con eress bed made eli III forms, time a4d marner,
t. ttped on the at5n of the Territorial Lessla ue.
1b,b, s~ nC", that gisa'ive acton had iaec aud
lOtll vs. eft bnGt nakec righ of represe ntdiOn,
GtyOiJ o. al me in,Iy to develop 1t. TneB, the Gov
eor taking the precise view OF the case 4s ne peO-
ple cf KoIsas dee med bet er to assume the al-
thor " snbec 30 the sanction OF this House to sup
by furns than that tie right of representa- ion
-ttulo perish oI he suspen Cd The only points OF dif-
teT,BCe are hYt Tie prtttit case the people hXCd
The DAY anc onr of election, instead Of he Federal
aUpt nec anC that W produce the full returns OF th>
different pOll~ with all the election p1pefs, ustead OF
tie mele Crcae of the ltSult, III both of which Is
clear Il AT Cl-c Is IT, stronger.
The Conn i;iee Of Elections reported:
That The he'd On the 22d May 1909 oI peieeste
a. Dcesste Tsroiy,i hereby declared vacant"
In the House motion MADE to strike out the
wCrts cithOut authority Of lar, which ~as lost;
and upon the question whether the House concur IN
tle TtsOlut On. tbC vote was: Yeas, go Nays, 70.
30 that the House trst o.tirctly declared that tue
election was whOut authority of law, aud then sauc-
tuped il by Of neally ttree TO one. MIR. Jen-
bipgs, of C ur e. retained his seat.
| will consune g more tine by citing any more
cases of the action of the House, | could do if
cestay, but VIII next examine 'he pTec6dehS oil the
S,rate.
From the mode in which Senators are elected, we
csInot expect to rd the question arise in that BODY
except ia The Of the ue" Stses sad might cite
numbers OF such casee, where the Senator'S admitted
wee el. cttd b. Legislatures who derived their whole
autbo.iiy from popular elections unauthorized
by aw l will, however refer briefly to two ca 'es.
Whtn the California Sc at 10 pres, Lted themse'ves
il eced that they had been elected, not Dy tue
layshtnre Of a STATE, tut 10y sO-called l. gslitnre
Of al ire gular, Unauthorized Cover m,nt. They
wee admitted, notwithstanding, by vUteiV SO to ~
Ntssrs. Cass Clay, Dickinson, Douglas, Fooe OF
Mississippi. Sewaro, Badger Bel, Dawson, Shields,
Bnsbt, DodSe, DOwIa, King MaDgum, Underwood,
AID Others volinC IN the atium4t
On the 10th of January, 1887, the Senators from
Michigan pr, sented themselves The Sste had been
az uliieC the same Gay OF Their presentation, ana
flty had been et cted the 10Th Of November 1885.
MOI nly did The Legislature Ceiive all Their huthOn
from al informal Irregular mOVcment ot the p-ope,
but the Senate had already, III dlsposhg 0f pettoh
f,o m the IL gisGtUr eeuted III Ja1uary 1850,
declared il their rcsOuiJn OF reference, that they re-
garded "it CtEer light than as tue Vol intary ACT
" of individuals - the language btiug the same as
bat which have already quo ed ficn the resolution
OF the House Thus We fLd that Tie Senate, 10 Inc
exercise of their constitutional duty OF deciding on the