The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-21
SPEECH OF SENATOR ToUcEY,
OF cokEEcTIcUT

.-.. OF oosSEcrIcUT; 4,..s 5.
Delivered in the Senate Monday, February ls 1856,
upon the motion 10 print the OF the President
aud accompanying documents in regard TO affairs In
Kansas. sm \. s.....a. ..-...r..,..-
Mr. TOUCEY said ~, s#. ..
Mr. PREsDEsr: desire to say few words before this
subject passes from the Senate do not see how IL was
possible the President Of the United States TO take any
other than that which be has adopted stated In
the papers the table, without utter abandon
ent in The Territory Of Kansas government organized
in pursuance OF an act OF Congress There Legislative
department to prescribe the laws there y judicial de-
ment with ministerial officers ut It's command, 70 execute
those laws. There Is other government 10 Kansas.
There Is no question between government dc Jaeo and
There must necessarily be in every community gov
eminent No large number of exist together in
society withouta government There Is always either
government de jme or government de Jacto Or gov
eminent answering TO both descriptions. There ID In
this case but one government. There s no Pretence
in Kansas Territory Of the exercise Of Legislative power
hitherto, by any other government There has been
no preence Of the exercise OF Judicial power by any
other judicial department than that OF the territorial
government instituted under the act Of Congress; nor
has there been instance of the execution OF any pro-
cess from anything purporting to be a court, save
only the process issued under the territorial government
that exists That being the proposition 10
that in that Territory there is but single government
aa a a e s ana
that any Chief Magistrate unless he proves false 10 the
obligation which he has taken upon him In the oath OF
The country and the laws which have been passed Ia pur
suance Of It. .. .E... T. y.
Sir the first difficulties which arose in Kansas were at
the election of the first delegate in November 1854, when
the present delegate Mr. WHITFIELD elected and re-
turned the House Of Representatives. At that time,
recollect the dates in November 1854 the governor is
sued proclamation in which be embraced list of the
places where elections should take place list Of the cleo
ton Judges and list Of the election districts and at an
held in pursuance Of that proclamation the dele
gate elected. At that time there charges of
fraud and violence both sides; but possessed Of
ordinary intelligence could fall to inquire whyf they be
true proceedings instituted in the Territory to
discover that fraud and voence2 Where the
tive officers that there interference to prevent it
Where were the election judges that there was no attempt
their part prevent the fraud and violence Where
were the peaceabe citizens that nterred by way
of complaint otherwise far have any knowledge
TO cali the authorities to execute the law and to punish
for any infraction OF law2
More than that sir: there is in the other end OF the
Capitol tribunal which has the ultimate decision of all
questions of that kind tribunal which goes behind
firms and penetrates substance When the delegate was
returned there attempt there to investigate the
validity of his election? None. Did any member rise in
his place and reference Of the question to the Com
niittee of Eections2 None according to my memory.
Was there witness called Has there been anything
but vague denuncaton without proof and without facts
The delegate permitted by the House of Representa-
tves to take his He took his and thus ended
any question in regard to that election
Now ask will not intelligent men everywhere put the
question: how is it2 Will they not to the concu-
sion that there must have been somewhere disposition
to misrepresent least effort TO mslead the pub
lie mud the hand else that there total de-
reelection of duty the part Of those funconares of the
government no called upon that frauds and
violence should be permitted to triumph in that cleo
tion2 .... r.. -.
Well sir the affairs Of the Territory pissed until the
election OF members OF the legislature Again the people
passed upon the election of members and the members
were returned and again there charges of fraud and
violence There may have been fraud and violence for
aught know. do not undertake TO say that there
not but beg leave 10 ask questions. II there
where again the officers of the law2 Where again,
the judges OF the elecons2 Where were the exec
tho af fha Terrific
who expressly authorized pass such questions
and to withhold from any person who was not duly elect
ed certificate Of elections The governor did act and he
granted certificates ofeection nearly quite twohirds
of the members OF the egsature-certanly most de-
csive majority he Others he set aside and ordered cleo
lions in their stead. These elections took place. and am
not aware of charges OF fraud violence nhose cleo
tons There may have been, but have heard of none,
and know OF none. r........ y .....>
Shortly afterwards the legislature assembled ] appre-
bend there will be diversity Of opinion the point
that each house had right decide the election its
own members Perhaps they decided wrong Every leeis-
atiye body may decide wrong a question of that kind
but is the tribunal in the last resort and the decision
final and irrevocable gt
What right upon this state Of facts had the President Of
the United States 10 interfere Had he any right in
quire into the validity OF elecons1 No than he
Boston, or New Orleans lie had no power lie omitted
the performance Of duty because he had power
tons. nu *. -.s s
Again II there was fraud or violence why has It not
been In some mode known 10 the law and known the
investigated and relievedI
been an attempt made somewhere In court Of justice
in any way 70 investigate that fraud violence There
has been none. trust we live under government Of
law All these questions questions to be decided by
the constitution and laws Of the country. Up this
time, ask has there been anything which would Justify
nerposition by the federal Executye3 ask honor
able senators IL there has been any Of facts that would
justify authorize permit interference by the fed
era Executive Honorable senator's called upon,
wss required Vague denunciatcn will not do In grave
matter Of this kind undertake express the opinion
Tor one as humble member Of this body that have
no intelligence Of fact OF any Of things that
would justify interference with military power by the
President with the troubles Of Kansas the period
Of which am speaking.
Well sir perceive, by the documents which have been
read on the let Of December last there was commu
nieaou made by Governor Shannon TO the President In
forming him OF state Of things which did call him TO
interfere and the 3D. 4h Of December the President
answered by telegraph 10 the effect that he would exert
The whole power u the country far rs was in his
hands to uphold the constitution and the laws and that
IS the letter referred in the Geographic despatch
from Governor Shannon should reach him. proper orders
ranspred before the wires Of the telegraph brought
10 US the Intelligence which published everywhere
that the difficulties In Kansas were terminated that
quiet restored; that the militia had returned
their homes and that the difficulties were ended Thus
IL rested until took place which think
the honorable senator from Massachusetts, TMr. VIZ
son hardly expected call by his resolution-I refer
the Territory and the chairman Of the committee Of safety
A. they call heTnselyesone Of them, " remember Alright
the president o the spurious and unauthorized
lately held there aud the other the supposed governor
elect under Unauthorized movement OF party In Nan
snsappeed 10 the President and called him 10 dis