The daily union., 1856-03-27

thousand miles from the spot where be first got light and
makes these allegations The singular increase In Gov
Rceders knowledge which has apparently grown out o
the dulinuton Of his for acquiring il reminds
very much Of incident which is spoken Of In tera
ture. distinguished dramatic writer century two
ago put into the mouth Of one Of hs heroes this enpFe
sion
\ "My wound, 1t is great because il is 60 small"
wit who present tho representation of the play
in which the expression occurred hearing IT, once
I cried out
1t would have been greater had II been ALL"
Now Governor Reeaers knowledge seems to be pretty
much dependent on the incpe OF these two expressions
While the governor in Kansas with the control of
the executive power Of that Territory, and in
nicaton with the officers who held the eli sctions and
with the inhabitants who voted al them be had no
knowledge OF any facts which, in his judgment would
authorize him in bis official capacity withhold the
election certificates Of the members Of the general
assembly not yet in existence But When be With
drew from Kansas and returned 10 Peunsyyana vhers
lac engaged during the summer in making stump
speeches. fifteen hundrcd two thousand miles distant
from the Of those remarkable displays he becomes
suddenly well Informed in relation to them that be
thinks himself justified ia attempting, upon their author
i, TO have government oyerhrown which has existed
nearly two years. and which has before sent delegate
the Congress of the United Siates who claimed and
admitted TO seat here upon certificate that be was duly
elected signed by Governor Reeder himself As Governor
Reeder had knowledge of the outrages which be
preiend5 perperaed the inhabitants of Kansas
the first election holden the Territory while be in
that Territory its governor and he has since during
his absence apparently laid in good stock Of il is IL
likely would ask that his knosledge Of these outrages
would have been much greater If be had never been
Kansas at all or had gone further off?
But whatever may be the opinion upon this subject
thing n perfectly certain Governor Rseder could be
heard In court OF justice witness impeach the
dty OF legislature the members OF which convoked
his summons aud held their seats only under the
hory of certificates that they duly elected granted
by himself 1t principle recognised in all of JUS
uce that who has put his upon negotiable
srumen and given it currency cannot be permitted by
his testimony to inyalidate it Ii this principle OBJ
tains with respect negotiable instrument when the
one who gives it currency is under simple moral OBJ
legation to not countenance illegal contract by Civ
ing the sanction OF his to the instrument under
which il is concealed, how much propriety Ia
there in extending it TO like the present one,
where the person who gave the sanction Of his name
TO the election certificates of the members of leRisla-
tlre acting under official oath and under solemn
sense of high public duty If II important sstab
sh the of the principle referred to by
thores il would NOT be difficult to cite hundreds Of them
from reports of adjudicated This however il
not necessary and viii mention but single Bank
Of United States Dunn Peters ST. in which the prln-
cpe is broadly laid down BY the Supreme Cour. of the
United States
The reason for the adoption Of such principle in the in
vestgaton Of private rights before of justice is OBJ
Fous IL s the result Of that innate fear OF being imposed
by alsehood which all feel when any who is
q s ss
nails in refusing TO hear persons situated witness
is precisely analogous TO that Of the saiyr in the fa
BILE who thrust forth The stranger be fret received iuto
his dwelling because he warmed his hands with the
breath that he cooled his soup with
have no personal knowledss Of Gov. Rseders conduct
in this businsss and my opinion with respect To his
potency witness upon any point connected with it is
necessarily based upon the facts presented In the record
But this am constrained to sAyhe Is convicted by hs
own record. His acts they stand upon IL, show
that be cnot be heard that be ought not to be heard
and that be is entitled 10 credit whatever he h heard
II the facts which he alleges IN bis memorial with
spcc the first election for members the territorial e
gislature holden under his authority, true be wns
guilty OF the grossest violation OF Official OATH and OF
stzr liz Aatv
yet known to the American people when be issued the
certificates declaring those members duly elected, and
when he recognised them composing legally cons,itu
ted legislature after they had been con,oked his call
and If the other hand the facts alleged IN his
rial not why, then he guilty OF deliberate
rablic mischief az ever vet dsarsces and biscKsnea any
violation OF the truth. So that matter from what
point Of view you regard him. exhibited in the
public records Of the country be has right 10 be heard
upon the point in question: ner any one who is en-
gagged in the discharge Of public duty give any weight
TO bis representations without striking al the very foun-
daon Of those principles the maintenance of which has
been hitherto considered in a civilized society
uAl 10 success in all public inquiries after truth
Now sir there Is no case here which can properly en-
before which win jusfy any inquiry into the ercur
connected with the election Of WHITFIELD prior 10
the date Of the certificate but If il otherwise and
did exist there power the part Of the House
TO engage In such inquiry al this time This House has
under The constitution The night o judge Of the elections
returns, and qualifications OF its members That
clause Of the constitution applies In terms TO the 1mem
berg Of the House. and does not necessarily embrace the
delegates Of Territories IL cannot be extended TO dele
gates unless this position be truetbst is say that
where the Of the thing Is the the provision
whether be ofa constitution Of law shall have the
application II that be those who advocate the
adoption Of this resolution placed In this dilemma
either the constitutional provision does not apply 10 the
election Of delegatesand then, power can exist IN
either Of Congress unless IT given by the cons
tuition by act Of Congress, there Is no authority
whatever in the House TO engage IN any with
respect the election OF delegate from Territory beyond
the mere examination of the credentials presented by him
or the 1851 the subject Of contested elecons also
applies the election of delegates from the Territories II
tbe Of 1851 spplss then this matter not rghuly
before us and no Inquiry WHTyDs right sit here
a delegate be entertained for that adopted
for the purpose Of limiting the period within which inquiries
Of this should be gone into and for regulating the
in which the proceedings had in real contests
should be carried Now by the provisions Of this act
II they apply to elections Of lecses and IL the provisions
Of the constitution apply and give authority to the Hsnss
contest be carried with regard 70 the right Of
sitting delegate unless IL begun within the time fred
and carried in the provided for in that
statute That time has passed by, and the requirements OF
the net have not been in the slightest degree complied
with
And this Is the position in which gentlemen the
other side Of the House placed Either the House has
the power under the constitution the act Of 1851 a
pe n the act spples then il is clear there can be no
contest behalf OF any individual with respect to the
seat Of Mr. WHITFIELD II the act docs not apply u ~ be-
tho constitutional provision Is limited 10 cases ot
elections Of members Of the Houe Of Representatives NO
which horn Of the dilemma IL taken, the right Va
grant this authority send for persons and papers asked
for by the committee have no existence with respect 10
this particular election. ...