The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-04-02


fee, was utterly and wholly false. Well
may this contestant exclaim, "Saye me
from my friendsr'
have ehdeavored 10 show, in another
portion of my argument, that We cannot in
qure into cha: subject; but suppose il were
done. and the Witnesses were to prove that
the members wers not duly elected, what,
then, you'd be the the condision of the ques-
ton? We should be presented with the
act of Congress making it the duty of the
governor to declare who we're legally elec-
ted to the legislature, the act Of the COVER
nor, officially made, declaring that certain
persons had been duly elected by the legal
voters of Kansas, uron the one side, and
the parol testimony Of witnesses, on Tie 9th.
er, proving that the official acts Of the gov.
ernor, under oath and in pursuance of law,
were unQualieedly false. Should this
House override the long established ussges
of government and disregerd the law by en-.
tering into this inquiry, there's your case?
The next allegation in the contestants
memorial is, that the law is void because it
was enacted at an unauthorized place. Up
on this point it is necessary to say more
than that the members of the legislature
we're only required to meet at such time
snd place as should be appointed by the
governor. Having assembled in obedience
to his direction, what powers had they? 1t
is enacted in section "a of the Kansas bill,
"that the legislative power of the Territory
shall extend to all rightfu) subjects of legis-
lation consistent with the constitution of the
United States andthe provisions Oft this act"
II this grant of power is not sufficient TO
'svthoriSe them to select.a place for the sea t
of government, then | must confess that
an at loss to know what would be. At
least, for the purpose Of this Argument, it
is enough to say that neither person nor
papers are wanted to enable US to come TO
decision in reference to the power exerci-
sed.
Another ground upon which the seat oil
the sitting delegate is contested is that his
election was not conducted according to the
forms OF the law itself. To this it may | e
replied, that unless Gov. Reeder himself
we're a candidate, or were deprived Of some
fright By the non observance Of the mere
forms prescribed, it does not lie in his
mouth to complain, aud he woul be held
technically an intruder ,r interloper, and
cannot therefore cal upon this House to
send for persons and papers to examine in.
to sn electiea at which he was not a candi.
date. -.- .r.... ........
-. Another ground upon which he relies is
that there were illegal votes polled. A suf
fcient answer to this is that the present re
preventative from Kansas was elected with
out opposition, and the fact that ilega
votes were cast does not destroy the effect
Of such az were legal; ana he is coose
quently entitled to retain his seat, at leasi
so far as any question is made on this
point. Nevertheless, if it be doubted, there
can still be no reason to send for persons
and papers to prove that some Of the votes
cast at that election were illegal, there be-
ing no opposing candidate; and I dare say
) that the sitting delegate would admit tha
he mag have received some votes that were
illegal.
The last ground taken in the memorial o
the contestant is, that be was elected at the
only valid election held in the Territory
If have succeeded in showing that persons
and papers were not necessary in support
of the other points made, l shal! have nc
difficulty 10 regard to this. call the atten.
} tion of the House to the careful manner in
which this proposition is submitted; and il
: wall be observed that the memoralist state,
that be was elected by the legal votes at an
; election held on the 9Th day of October,
1855, but nowhere says that the election
WAS held under the authority of the law
and whilst his votes, therefore, may have
been gwen by legal voters, siill, If the cleo
ton were illegal, the whole proceeding i,
void. He has not had the audacity--
that word be not unparliameLtary--to as
J sert before the country that he was elected
at legal electen; it can nowhere be found
in his memeiial. He knows full WE'LL and
the country is informed, that he represents
a revolutionary movement, outside the reg
} ulafiy established government which has
been authorized by the Congress of the U.
nited States. No, sir. neither this House
nor THE country is to be deceived by this
application upon the part Of the committee
II this power 10 granted 10 send for persons
end papers, it will not be with the view of
establishing the fact that he has been legal
ly elected TO Congress from that Territory
but, apprehend for another and very dit
: fereat purpose. A government, under tn
Authority and power gtanted by the Con
gress of the United States, how exists in
Kansas; it has Originated its laws and
moulded its institutions" ia such shape as tc
excite en- intense anxiety upon the part o.
| iclD in 4
strike down both government and laws, and
upon their views 10 build up revolutionary
government, not only without authority oi
law, but in .iirect violation thereof. II i
, be the wish of the committee to stir ul
strife and confusion. and TO disturb ano
agitate afresh the public mind upon this
i question, they have adopted method which
! will, no doubt, succeed in etfecting their Oh
J ject and answering their unAoly purposes
II the issue is 70 be made, which OF these
two governments in Kansas is TO be sustain
ed? Hit be your design TO set up this new
government IN absolute violation Of the ac
Of Congress- organizing The Territories
send for persons and papers, and, when yor
shall have done your worst, the laws o.
Kansas will stand gpen her statute bool
unrepealed the "Kansas Nebraska iniqui'
4 "" as it is termed, wiA stiA be the law d
i this land, and will only have given another
evidence that q majority OF The people q
j this country are determined TO recognize
the rights, socially and politically, Of every
section of the Union. We are prepared 10
meet the issue you tender us; 10 support o'
our views, we have the act OF Congress es
tablishing this government, the appoint
nlrnt Of 4 rnyaEnnr hy the President. mem.