True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-03-26

SGlNC IOA lHS tSAm VI wv ySo'st ohu tHNeb
after the first election, he shall be chosen
by the qualified electors in the mode PRE-
soRiBED BY LAW. 1t is known that neither
of these elections held in October last was
the .frst election within the Territory
Therefore the people had right by the
organic act to prescribe, through a Legis-
laturc chosen by themselves, the TIMES,
PLACES and MANNER of the Delegate cleo
tion which was held on the first Monday oil
October, 1855. They had this right, sir,
for it is given to them by the express terms
of the organic uct of the Territory; and
the American people have the right through
us TO inquire whether this provision Of
their own law for the legislation of that
Territory and the conduct Of elections
therein was violated and thwarted by inva'
ders in the conduct of that election. This
is charged to have been done in the memo
rial sent to the committee by this House,
Will gentlemen undertake to stihe this in.
quiry! do not think there is here any
man so bold as to deny chat the subject is
worthy of the consideration of this body
Are we to be told that, though the fact be
as charged, though the time, PLACES, and
manner of holding the election of the first
Monday of October, was not prescribed by
the Legislative Assembly of Kansas, but
by revolutionary assembly chosen by non
residents of the Territory--we cannot in
ouire into the matter? Are we to be tolt
that the printed journals and acts of an AS
sEMBLY OF usuRPERs, convened within the
Territory at a place unknown TO the organ
ic act, estops us, and the nation through u'
from inquiring whether that body was the
duly and legally chosen Legislative Assem-
bly, Of Kansas! BE it remembered, that
no Legislative Assembly could be cho:er
in Kansas and invested with Legislative
power but by the ACTUAL RESIDENTS AM
CITIZENS OF THAT TERRlToRY, and only by
them, in the manner prescribed by the or
ganic act.
What are The provisions of This act (ol
the election Of a Legislative Assembly Iol
Kansas! |! is provided that the Legis'
lalivc Assembly shall consist Of coun'
ell and House of Representatives, each
member Of which shall reside in and be
an inhaLilant Of The district, or county, OF
counties from which he is chosen, and
that the first election for which Assembly
shall be held At such time and places, d
be conducted in such manner, both as to
the persons who shall Superintend suct
election and the returns thereof, as The
Governor shall appoint and direc'. =
There was but one Assembly claiming tc
be the Legislative assembly of Kansas
which sat anterior to the first Monday OF
October, 1855. 1t was that body, il any
that prescribed the lime, place, and man,
ner of the election for delegate TO This
Congress. But did that body 10 this p
And, if so, was it The L"giStatiss .4sSena.
bly, of Kansas? Waving for the present
the question of Ihe Legitimacy of The body
assuming, for the time, that it was duly
chosen, | say that il did not provide, "a:
required by the organic law, for the cleo
ton under which the sitting Delegate
claims his seat. notice this fact i'll ,hl:
connection, (hough it would be moe ap
propriale on the final hearing o! the case
because, we have been told, that we are
concluded by The acts of the Legislature
and cannot 90 behind them. | ask, arr
we concluded by territorial enactments
which on their very face violate the or
ganic law, and are therefore void 7 Al
Illegal act is nothing. 1t evidences moth
ing. it estops nobody it cOnAols no
badly ; and il sanctions no ac!.
Let us see now WhelhCr this Legislation
which we ate told cs;ops us, is IN viola
ton of the organic law Of lhc Territory
and void. Il is provided in that law, tha
the legislative power of the Terrltor
shall extend to all righlluI subjects of Ieg
islation consistent with the Constilulio
Of the United States and the provisions {
llis act 1t farther provides that at tn
| first election every free white male in
Ihabilant over twtnty-onc years OF agt
and actually resident Of the Territory
shall be Qualified to vote and hold o(lcC
but that at every subsequent e'ecion III
qualifications Of electors, as well as G
those hOi,iiag office, shall be prescribe
by law, provided, however, says the az
that the right Of suffrage and Of holdiu
office shah be exercised only by cilizel
Of lhe United States and these who ha,
declared on ollh their intention TO bccon
:. such and shall have taken an oath to su
port the Constitution Of the United Stat
and tie provisions Of said Kansas NebrA
, ka act and who are actual residents Of u
! Territory
These, sir, are Limitations imposed
, the organic act upon the territorial leg
Iation Of Kansas. Let us see wheth
The enac,ments of this self,conslimled lie
: islative body violate these provisions
: the organic act. If they do, | would Ii
10 know by what process Of reasoni
e gentlemen arrive at the conclusion II
: any body is eslopped by them! The ell
n ton enactment Of this Legislative Asse
. bly,, which we are told has the author
of law, and that ii concludes us, in Il
" Judgment, is ,cGnton aud fragrant abl
IS of the powers intended TO be conferred
e the organic act, and also gross violaIj
r, of that act. lrefer, Mr.. Speaker, TO
IL l., ,,,,lo, ,,,h;oh tho a;It,nc IN