The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-09-06

DihnT courts IN Ike II the Of hAuAAS under
which the sitting delegate elected has anything in il
inconsistent with the constitution of the United States
the organic act Of the Territory you have right that
npaLi9 and poia a. any other court
would have but questions relating TO the organization Of
the aW-mRking power viii never inquire into and
we cannot properly do it either No be found
whore has ever been done eithel IN this country Or
England.
The legislature Of Kansas was elected in pursuance Of
proclamation Of the governor Of the Territory under the
organic act passed by Congress IL made the duty Of
the governor TO supervise that election prescribe the ode
and manner OF holding it and 10 declare who proper
y and legally elected You passed another bill day be-
fore yesterday Tor the reorganization Of that Territory and
directing another election 70 be held in the way In
that bill the identical words used-thAt the
governor shall declare who legally elected the iegs
lAture suppose that bill should bscome law and the
governor appointed under IL should order election
and after the returns made should declare majority to
be duly elected just the Of the legislature whose
laws brought in review would this House again
undertake 10 set aside that Judgment If should turn
out Lat the legislature under the act should
pass laws that the majority Of this House might not
like Where is 10 be the end of this business 2
Now SIR maintain that if the bill which has just pass
ed this House shall become law and the governor be
appointed under shall order election for another legls
aIre and in pursuance Of his directions election shall
be held for members Of house of Representatives and
council provided and the governor upon canvassng
the returns, shall declare il viii be his duty to do who
may be duly and legally elected and shall give certificates
accordingly and the two houses Of the Legislature thus
constituted shall after being duly sworn upon their
legislative duties under law thus passed by Congress
and shall hear and determine eAch house for itself all mat
tiers pertaining 10 the election Of s members outside Of
The Prma Gcls certificate Of the governor a such mat
tiers and questions pertaining the election Of the
ber and the legality of the organization Of the Legislature
constituted viii be forever closed BY that determine
ton This House would have right power TO reopen
the question
And just in the before IA Congress passed law
organizing territorial government The governor ap-
pointed authorized 10 order election for members
OF legislature at such time and such places and in such
manner be thought proper The returns Of the cleo
ton were TO be made TO him and he had power to de-
hn hoVVu
was 70 consist Of twentysiX member and the council Of
thirteen The governor ordered election the 30th Of
March 1855 BE divided the Territory into ten council dis
trc fourteen representative districts and eighteen cleo
ton districts voting precincts He appointed the judges
OF election al each poll and directed how their places should
be filed in those appointed should fail refuse TO act
The judges all to be The rules and regulations
for conducting the election exceedingly rigid The
election hed- The returns made TO him as
required and out Of the twenty-six members OF the
house Of representatives be declared seventeen duly
elected and awarded certificates accordingly Of thirteen
councmen, he declared nine were duly elected, and
awarded theta certificates accordingly The election OF
four oouDcmen and nine representatives TO the house he
aside In these he ordered elections This
took place the 22d Of May and be awarded certificates
those whom be declared be duly elected al that cleo
ton. The members Of the house and council thus de-
cared to be duly elected by him. convened by him on
the I'd day Of July, 1850 Every member, OF both TN
council and house Of represen atves in that Legislature
convened took his seat by virtue Of the governors ch
These admitted facts Nothing brought to light
BY the investigating committee sssals or impeaches any
Of them in the slightest degree Each house after be
ing thus constituted inquired into heard and determined
all questions Of contested in their respective bodies
ali other legislative assemblies do The right 10 do this
inherent in them On this point Judge Story says in
his Treatise the Constitution Of tie United States vol
?, page 2s5
The only possible question On such subject i Ls to
body in which such power shah be lodged lodged in
any other than the gSsafiv body i s Independence is
purity and it existence and action, Be destroyed
put into imminent danger No other body but itself
butes 10 other bodT ca be 80 perp~tuay wStshful to
j III righEz
purify and vindicas ia character and 70 preserve the
eordtHgg s pOe has alays been aiged N ths sgtaus
body ~ ths UNIFORM PraS'os q England and AHaeriea
Such too the doctrine Of Coke Of Blackstone ofKsnt
and all writers upon the subect showed before Each
house therefore Of the Kansas legislature the proper
tribunal to settle al questions pertaining the election Of
its members and their decision when made just
6uA in law that Of ours upon similar question here
There however, contest the election Of bat
members Of the house and Of the council TwU
members Of the council and two Of the house whose cleo
non aside Al the first election declared duly
elected Al the second election livery one Of the thirteen
members Of the council therefore, excep two held his
without any contest whatever and nineteen O tbs twenty
members Of the house Of representatives bed thT
without any esntest And after the houses
gEnized in pursuance Of law and in compliance Wh every
legal form they were recognised as legally y-oonsttusd
law-mAkDg body by the governor. he addressed them
Official communications as such
In his first message in pointing out to them their duties
amongst other things the governor named the duty Of
ing some such law a. that under which the sitting israte
Il
grounds touching the l0zlig 0 thar election 0rgaRiz1
hon AL questions therefore Of that character maintain
upon the soundest principles Of constitutional law
closed II is too late TO open them and Of
great leading and controlling fnCts in this
assailed By any testimony taken By the Investigating
committee They all confirmed and established by
that testimony; and the sitting delegate shall be voted
upon grounds assumed IN the report Of the majority Of
the Committee of Elections il viii establish not only
vel but most mischisvoGs precedent Il viii be taking
one long step towards that revolution which party
in this country seems 70 be aiming Al This House
viii but be doing what rad the people Of Mis-
sour did in Kansas II Is said they carried The cleo
ton there By illegal r0tg and what else will yOu be doing
bere7 Where DO you get the power authority say
that Governor Reeder did right in giving cerh-
Gates Of election the members Of the legislature whom
be sdndFed be duly elected Where do yuu get the
power under the cOnBnton under the organic law
under any other law vscate his Judgment in this
The right Judge in the s instance expressly given
70 him The right to Judge finally and absolutely DeCes
say devoved upon the houses Of the legislature respect
lively. Congress reserved supervisory power the
subject Where then do yOu derive your power Of annu
ing Judgment uf another department Of government hav
ing exclusive and absolute power and jurisdiction the
subiect-mAtter2
Il that the greatest frauds bad been prAc
tised in the election in KEnsash Any amount Of Illegal
voting bad been rssOrsd To- and the people uaiusd fsv
r0h 70 inquire into It al the proper s and before the
preper FbHnaL-if they made coHplanf % hs governor
when they ough 70 hare d0ns -f they made yrpssf
within the ~ p-sscribedh defeated candidates failed b
the q their competitors until AFTER the term
Of Office Of the members Of the legislature eKpiedt ia
maintain nowoo Ate 10 s any such complaints before
this any other body. The question Of the legality Of
the organization Of that Legislature elected cousu-