Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-03-27

'.pro6able case" demanding inquiry has been
made out in the report Of the committee, then |
admit that the power asked fm ought not TO be
conferred. The minority admit that, il the
case made by the committee as to the Illegal
iy Ot the Territorial Legislature be within the
jurisdiction Of this House, that there is a ne
cessity for an investigation, but object to the
mode proposed BY the majority for taking the
proof
now proceed TO inquire whether or nott
probable case for inquiry in the matter O
these elections has been made out by the facts
reported BY the majority Of the committee of e.
lectiOns. The organic act of the Territory pre.
scrihes the manner in which the territorial De |
egate shall be chosen. It provides that a Del.
egate to the House Of Representatives of the
United States shall be elected to serve for the
term Of two years; and that after the first elec.
ton, he shall be chosen by the qualified cleo
tors in the mode prescribed By Eaw. 1t is known
that neither Of these elections held in October
last was the itst election within the Territory
Therefore the people had the right by the or.
ganic act to prescribe, through Legislature
chosen by themselves, the times, places, aud
manner of the Delegate elec ion which was
held on the first Monday Of Ootober, 1856
They hal this right. sir, for it is given to them
by the express terms Of the organic act Of the
Territory and the American people have the
right through US to iaqaire whether this pro
vision of their own law for the legislation of
that Territory anil the conduct of elections
therein was violated and tn Earted by invad ers
in the conduct Of that election. This i, char.
ged to have been dons in the memorial sen
TO the committee by this House. Will gentleman
pnd ertake to stae thiairquiry? Idono think
there IS here any man so bold as to deny that
the subject is worthy Of ths 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 rev.
olutionary assembly chosen by non residents
OF the Territory-we cannot inquire into the
matter? Are we to be told that the printed
journals and acts of an Assembly of asurpers,
convened within the Territory, at a place un.
known to the organic act, stops US AMI the ma.
tlon through US, from inqliring whether that
body was the duly and legally. chosen Lsgisla.
tive Assembly of Kansas? Be it remembered
that no Legislative Assembly coulI be chosen
10 Kansas and invested with legislative power
but by the actual residents and citizens of that
Territory, and only by them, 10 the manner
prescribed by the organic act.
What are the provisions of this act for the
election of Legislative Assembly for Kansas?
It is provided that the Legislative Assembly
shall consist OF a Council and House of
representatives, each member Of VIII ich "shall
reside iE and be an inhabitant of the district, or
county or counties" from which he is chosen.
and that the first election for which Assembly
shall be held at such time and places" aud
be conducted "in such manner, both as to the
persons who shall supe,intend such election and
he returns thereof as the Governor shall ap-
point and direct" There was but one Assem-
bly, of Kanzss which sat anterior to the e rst
Monday Of October, 1866. twas that body,
{ any, that prescribed the time, place, and
manner of the election for Delegate to this
Congress. But did that body do this : And,
fso, was it the Legislative Assembly of Kan
rs ? Waitng, for the present, the question
If the legitimacy of the body--assuming, for
he time, that it was duly chosen. say that it
lid not provide, as required by the organic
aw, for the election unler which the sitting
Delegate claims his seat. notice this fact in
his connection, Though i; would be more ap-
oropriate ia the fnal hearing Of the case, be-
,ause we have been told that we are concluded
BY the acts Of the Legislature, and cannot go
behind them. ask, are we concluded by
territorial enactments, which on their very face
violate the organic law, and therefore void p
An illegal act is nothing. It evidences moth
ng- 1t estOps nobody it controls nobody
and il sanctions no act.
Letus see now whether this legislation,
which we are told estops US, is in violation of
he organic Law Of the Territory, and void. It
IS provided in that law, that. 'the legislative
power of the Territory shall extend to all
rightful subjects Of Legislation, consistent. with
he Constitution Of the United States aud the
provisions of this act" 1t further provides
hat at the first election every free white male
Inhabited over twenty-ons years Of age, and
actually resident of the Territory, shall be
qualified to vote and hold Office, but that at ev-
election the qualifications Of eles-
tiors, as well as those holding Office, shall be
prescribed by law; provided, however. says