Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-05-01
Hon. John Il. Bingham,


In our issue Of March 9th, we published
the entire speech of this gentleman, and more
too By some unecCountabe mistake we pub
lished part Of the speech Of Hon. Mr. Royce'
Of South Carolina IN connection with and a
part Of Mr. Bingham's, We suppose chat the
Printer in setting the speech turned over too
far the Congressional Globe from which we
clipped the speech, and by mistake set part
Of Mr.. Boyee's speech. And fOr'the purpose
Of correcting the mistake intelligibly, we re-
publish this week that part which was not con
tanned in Mr.. Bingham's speech
"Nor could they test the qualifications Of its
members. Il is the common law oil all legis-
lativs bodies. end inherea in them as naturally
90 it does in a woman to say who shall be her
husband. The authorities upon this subject
are numerous. annex q few;
at is obvious that a power must be lodged
somewhere to judge Of the elections, returns,
and qualifications of the members of each
House composing the Legislature for other
wise there would be no certainty as to who
we're legitmatey chosen members; indeed, e.
lections would become under sOch circumstan'
ces q mere mockery and legislation the excr-
else Ofsoverc ignty by any selfConstitpsd body.
The only possible question on such subject
is to the body in WHICH such power shall be
lodged. Illodged in any other than tho legis.
lative body itself, its Independence, its purity,
and even its existence and action. may be des-
troyed. or put into imminent danger. No
other body but itself can have the same motive
to preserve and petpetuate theee attributes ;
no other body can be so perpetually watchf.l
to guard its own rights and privileges from in
fringement, 10 purify and vindcate its own
character. and to preserve the rights and Sus-
tain the fee choice Of its constituents. Ac-
eordingly the power has always been lodged.in
the legislative body by the uniform practice of
England and America. - Story.
rThe whole Of the law aud custom Of par
lament has its original from this one maxlm,
either House of Parliament ought to be ex-
smiHed. discussed, and adjudged in the House
10 which II relates. and not elsewhere Hence
for instance, the Lords will not suffer he Com.
mons 10 interfere in settling the election Of q
Peer of Scotland, the Commons viii not allow
The Lords to judge Of the election Of a burgess
DOT will either House permit the subordinate
courts OF Law TO examine the merits Of eitheI
ease. But the mayims upon which they pro
eeed, together with The method of proceeding
rest entirely in the breast Of Parliament itself
and are not defined or ascertained by any par
ticular stated laws."-s Blackstone, sec, lob.
1.-THE two Houses must decide according t
the established law Of parliament. - Did.
Each House is made the sole judge Of th
election. returns and qualification Of its mem
bers. The same power is vested in the Britis
House of Commons. aud, in the Legisla
ture Of the several States and there is no othe
body known 10 the Constitution to which sue
. power might be safely entrusted. And a
each House acts in these cases in judicil
character, lie decision, like the decisions {
any other court Of justice, ought to be regula
ted by Known principles Of law. and strictl
adhered to for The sake Of uniformity and cel
tainiy Kent
Such being the common law of Legislativ
bodies ppdeT our system, we must suppos
that Congress acted under this knowledge, an
Intended 10 confer, and did Confer, this powe
pn the Territorial Legislature of Kanzas. l a
suns Ibis to be fact. and submit that th
legality Of the elections Of the Territorial Leg
isla.ure has been authOrita.iyely passed upo
BY the sppropHste and exclusive tribunal, an