The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-12

SAMUEL CAtU
House OF REPRESENTATIVE
Washington February 2s 1856.
THE CONTESTED KANSAS ELECTION.
The Committee of Elections having been instructed to
consider and report upon the proposition to send for per-
sons and papers 10 be used as evidence the of the
con tested election between General Whitfield and Gov
eeder the majority thereof submitted report in favor OF
the proposition and the minority of the committee against
it, The questions of fact proposed be inquired into by
the majority fully set forth in the following extract
MAJORITY REPORT.
The relative position of the conesting parties and the
disputed questions of fact appear in the memorial of the
contestant, who denies the entire validity of the election
law under which the sitting delegate obtained the cerh
of the governor of the Territory This denial is
based on The alleged fact that the legislature which passed
it was imposed upon the people by foreign invading
force who marched into the Territory the election
seized upon the powers of which Congress had
provided for the actual nhabitsnts which powers it Is
said have been held and exercised since by these
strangers the soil under other title than that Of
strong hand and superior nanbers and to the entire sub
ugaon of the people OF the Territory. Two other
sons assigned for the nvadiy of the statute but
they questions Of law rather than of fact The
testant also that the election for delegate held
under said law and which the sitting delegate claims
to have been elected many hundred illegal of
residents poled and the rules for conducting It, pre-
scribed by the statute disregarded.
We understand the sitting delegate to deny these
serted facts and also to contend that the contestant
governor Of the Territory when the hrt election tor
of election the persons pretending be elected he is
estopped from setting up that they were not legally
elected whatever the state Of facts may be and that there
fore the evidence indicating those facts cannot be heard
the alleged wrongs gated Thus the case sapds be-
fore us the right OF the Hon. J. w. Whitfield TO
seat The Hon. A. II. Rceder The contestant bases his
right 10 the election held different mC-a
right which attention has not yet been directed
nasmuch as understand process for Witnesses 10
lation to il is asked by either party.
The questions then, TO he considered are
]. The importance and necessity Of having full nves-
tgation Of tbs facts thuS in dispute,
The effect OF the alleged fact that the contestant In
his capacity Of governor OF the Territory issued certificates
of election to a portion Of tile first legislature
Whether the evidence establish the facts be bad
satisfactorily and efficiently 10 other mode than that
suggested by the committee.
The report Of the minority Of the commttee-viz
Messrs A. H. Stephens W. r Smith and NJ Oliver-is In
The nature Of demurrer The following eTtract will pre-
sent the issue between the two reports;
REPORT.
These papers with their references make up the whole
it stands before the committee and from the
whole IL appears abuudanty evident the minority that
the memoalist looks to object but to vacate tile seat
occupied by the sitting delegate upon the assumption,
which he wishes TO be allowed TO attempt maintain 10y
the testimony Of WITNESSES he brought from Kansas aud
elsewhere that there Is legally constituted government
10 Kansas Territory bis Is the object Of the present
pication TO send for persons and lspgrs IL Is ue the
memOralist alleges that several hundred illegal
cast for the sung delegate this election. That how
ever doss make sufficient 10 dspace him unless
he shown that the nrnOralis other
at the election received legal votes than did
This consider wesettled principle by repeated de-
csions this House II is enough 10 vaoae the seat
member show thai he received illegal votes but il must
be made 10 appear further that else received
greater number Of legal votes than he whose seat Is
tested The polls for instance 10 this case showed 1t
is said twenty niue hundred for the sitting delegate
and 1t he true asserted that several hundred
wentyeight hundred Of them Illegal yet he would
s have hundred legal go upon and 10 hold
bis upon unless II lie shown that some other person
hundred ppal votes Huf
this pretended In this case u IL not oven aeg
The memorast sets up his claim by the denial Of the le-
gal authority under which the election Of the sitting deie
gate held and by virtue Of election held al differ
time by promscuUus gatherings Of the people without
the forms Of law and indeed in open opposition TO
the only recognised laws OF the Territory. Nor has he nd
duced rendered any certificate evidence of any kind
whatever from any quarter Of his election even 10 this ir
regular disordery and coucsscdly Illegal manner that
his sole object and that of the present application seems
deyOve upon the committee and the House an in
quiry into the validity Of the territorial law under Which
the siung delegate was elected and returned, aud mainly
upon the grounds that the members composing the terri
tOa legislature which passed that law themselves not
properly elected and returned.
The minority conclude their report by adopting the fol-
lowing communication addressed to the committee by the
sitting delegate Gen. Whitfield presenting the proper
views Of the questions in issue:
GENERAL wHfTrtFLps REPLY TO THE STATEMENT MADE TO
COMMITTEE ELECTIONS ny GOV. REEDER
The undersigned having presented his certificate oil
election duly made and signed by the governor Of Kansas
and the oath OF Office having been administered him as
the delegate Of Kansas desires 10 to the committee
the following statement in reply TO that made By Gov
Reeder days ago, copy Of which has been kindly
furnished the undersigned by member OF the committee
In the fret place he respectfully submits to the commit
tee that Governor Reeder, by his showing has no
right 10 he heard before the House Of Representatives ia
the contest be prosecuting for the seat occupied by
the undersigned. lie candidate the election
which the undersigned was elected This he does
nlege or pretend Indeed he net candidate "a any
election authorized by any law The extent Of his claim
represent Kansas solely upon pretended voice
for him al illegal gatherings Of The people acting in open
hostility the regular constituted authorities Of the Ter