The daily union., 1856-03-27
.samuassam Eo,

ernment which granted the credentials In the actual exer
else Of power the people OF the country which the
agent claims represen3 II this fact is ascertained no
inquiry gone into 10 the Legitimacy Of the govern
ment Whether IL is the government Dc Jrs or govern
de fGeto Is entirely immaeria The government 10
the actual possession OF power the country enneo
10 be represented and by Its acts bind the country
over which il exercises actual dominion.
The delegate of Territory is in no sense member OF
the House Of representatives He is the mere agent OF
distinct portion OF people who are authorized oy law
associate themselves together IN particular manner
This question was the Congress OF the United
States In the contested election casethat OF James
White CONTESTED Elections which grew up IN re-
laon 10 the right Of delegate from the territory south
OF The Ohio this floor In that every
member who spoke the subeet-and among those who
did speak upon il Mr. Madison Mr. Swift Mr. Dexter
and Mr Smith Of South the delegate
not a member They decided that he simply agent
a Of envoy from one political community TO another
political community And such the clearness of their
opinion that point that when the question arose Should
he should he not be sworn2 ths House decided that no
oath could be administered to him. II was even said by
Of the members that If he willing to take it it
would be improper to allow him to do so.
AS question of international law-as question
which has been examined and decided upon by all the
regularyconsttuted authorities Of this government in
regulating intercourse with other naons-t has al
ways been held by that people, government has
right 90 behind the credentials which emanate from
the government acto of foreign State of distinct
community for the purpose Of inquring whether that
eminent is also government dc ye And the same prin
cipe seems to have been distinctly recognised app
cable to the of delegates from Territories
~ the action of this House in the contest to the right OF
ne Itory of Indiana which took place in 1902 In
that case se committee charged with the investigation
of The case reparted Contested Elections 2a3, &c
that after delLrale examination o. ne = laws "a vs. ha fe
duty 10 investigate the authority under which ths eec
ton of delegate to represent that Territory was hed pre-
yious TO an examination Of the irregularities suggested
bause If the election was held without authority OF law
il was void without regard to irregularlues Inc con
mittee did make the investigation ana decided
that the proclamation Of the governor dreeng ths eec
on Of delegate was made without any authority OF law.
They then submitted resolution declaring that the cleo
on held for delegate TO Congress ior W. r If
ia,c void and that consequently the seat OF Jonahan
Jennings as delegate TINT Territory vacant When
made to strike ont The words awhou authority Of law
which was neganyed by vote of 81 to 49, The whSe
subject fully debaed and when the question on the
adoption Of the resolution reported was put the House
rejected BY Of SO against 30 And this Is the an
swer to the question put to me-
And Mr. Speaker It Is proper for me 81 70 say some
ton that ii their resolution be not adoptedif this
right be given them to send for persons and papers
ii because the members this side of the House dis
posed to smother inquiry They are mistaken The mem
bes on ths side of the House disposed to permit no IT.
regular no improper unconstitutional exercise OF pow
er with regard question which Is to be regulated on
fixed and settled principles They are unwilling that an
act of power should be peseated by this House which
may lead TO consequences that no map can ook 70
without spprehensonan act Of power which, II taken as
precedent may have the effect hereafter OF placing two
coordinate branches of the government In opposition 70
each other which may make this House Recognise paf nc
ular district Of country State and the house at the
other end of the Capitol Territory or make TINS house
recognise If Territory and the house at the otner emo
of the Capitol recognise State So far ~ relates to
the questions nyoyedso far relates to the validity or
nvadty of the present government of kansasso lar as
relates the validity nvalidity OF the laws adopted
terethat js question which passes beyond the jursdc-
ton OF this House as separae House. and beyond the
risdc,ion Of the Senate as separate body It's ques
too which appsrans 70 the o the ona'ep S p
y who addressed the House yesterday upon ths SUBJECT
said much that fully in But be seemed TO hayo
fallen into what conceive to be very grave error in re-
laton to the question right and in relation to the ques
tou Of power That gentleman looked to the legislation
OF the country stands He looked upon the part
which The Executive OF the country is bound to play under
the laws but he did TO embrace the whole sub
iect did take that enlarged view which IT is necessary
should be taken when we come 10 examine questions Of
this nature and determine upon acton He asserted
that the Executive of the United States was vested with
the sole power of determining whether the government
which exss in Kansas was the righful government
Now, while agree with him that at this time the Ex
ecuve yesed with that uthority for one do not con-
with him in the opinion that that power Is supreme
and that he exercise of final and conclusive The ex
ecnive Of the government far as II has auy con-
nexion with this subject limited to taking care that e
laws Of the United States be faithfully executed Ia
The duty of the President Of the United States TO enforce
ell the Of Congress and the right 10 which the
teuan Maryland referred vested in the Pres
dent sPecialy conferred upon him by The legislative ac
ton OF Congress Ms .. a..a TX. f. ....
The constitution of the United States declares that
in the event Of insnrrection in any of the States
against State authority, Congress shall have power TO
suppress that insurecon but The constitution Is ST.
lent TO The means that are TO be made use Of The
power itself devoved upon Congress but before
IL could be properly exercised 1t requisite that pro-
vision should be made for IL by law. Well SIR very
soon afier organization of the government troubles
grew up in different Sates There iusurrecon in
Pennsylvania growing ont OF The operation OF the excise
lava There insurrection In Massachusetts, grow
ing Of other local When the rst of these
insurrecdops occurred, the government OF the pnsd
States had yet provided for that contingency. In 1892
howerer when the first emergency arose, the national
legislature passed giving the President authority
40 WELD military force of the country for be
plishment of the Object contemplated in the constitution
in 1885, subsequent dhcuty having occurred the pub
Tic attention was again directed 10 the subject and that
legislation was modified bpt the legislation of
1895 continues the existing legislation upon the sub
ect II is by virtue Of that legislation that be Executive
now possesses the power TO which the gentleman from
Maryland alluded. This power however s not indie
pendent power Ne exercised by him without supervision
or inquiry from any other department Of the government
The in which he exercises II is always open TO IN
qury. n..
ii is competent for the Congress OF the United States at
any time their legislative capacity 20 repeal that law
IL Is competent the Congress of the United States in its
Legislative capacity, revise the in which that
power has been exercised, to provide and
new rules for exercise in the future Bot sir the time
20 which am limited by the rules of the House will not
permit any elaboration OF these views or indeed allow
10 present many others which my mind to the
sderation Of the House.
win refer however for moment, to which
engaged the public attention very much in the United
Saes and which II looked at rightly, will furnish lessons
that rpny be useful TO in this emergency refer to the
case whclfas alluded to yesterday In debatetbc Rhode
Island case If that be carefully examined think
that the facts which IL for consideration will