The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-31


The above mentioned Of call made by the
President BY virtue OF the power conferred by the first
discretionary power TO person to be exercised by him
upon his opinion OF certain facts IL Is sound rule OF
elusive Judge OF the existence Of those tacs The grounds
upon which that opinion maintained set forth In te
report and We think, conclusive. The same principle
applies 70 the before the court Undoubtedly, il
the President in exercising this power shall fall into
invade the rights Of the people Of the State i would be IN
courts must administer the law as they lind It,"
Governor Reeder and the minority committee Of the ter
roral legislature take this very ground Said committee
says agree that this body has the right TO go be-
hind the decision OF the governor and or the obvious
that Congress makes him the sole judge of quaca
tons for membership This doctrine is imboded in
the protest Of the expelled members And undoubtedly
this exclusive power does reside in the governor egsa
ure and not elsewhere and il in the language OF the
court constitutes him the sole and exclusive judge OF the
existence of those facts which he now proposes We should
investigate.
In this case stronger than that of Kansas is ad
judged that the power 10 decide which is the legal
ment is necessarily with the President when he is called
upon 10 act and must therefore be respected and
forced in its judicial tribunals This the President has
done in his proclamation of the Gath January 1856 And
shall this House. not Congress interfere with power con
erred upon him by the constitution and laws OF the United
States?" And shall this House alone call witnesses be-
fore il and inquire which party represented majority of
the people" when the courts of the United States di-
recty refuse TO do SOL
But have striking precedens bearing upon this
question In former contested elections and times much
more suspicious to calm and dspassonate inquiry than at
present In the case Of John Bdde and Gabriel Richard
u.s. Austin r. Wing delegate from Michigan Territory the
COMMITTEES Of Elections Of this House report foowsi
Mr.. Richard rests his claim to the seat on grounds
which to the committee appear entirely and they
between the other candidates, will be drst examined He
does not pretend that he has the greatest number Of
votes that actually given but that he would have
ceved the greatest number had his friends
the election holden the city Of Detroit beeh ntmidated
from voting by of the deputy sheriff.
pretence
Keeping the struck several the head and
by that prevented them and many others from voting
for Mr. Richard The committee are of opinion that the
duty assigned to them does impose them examna
the which may have prevented any candidate
from getting sufficient number of ontitle him
the seat They consider that it is only required of them
ascertain who had the greatest number legal actually
given at the election An election the of selecting
the part OF the electors, person for office Of trust The
inspectors of election constituted judges of the quaca
tions of the electors, and exercise from necessity discre
elector from any should fail presenting his
terng into the consideration of the general result of the
election unless indeed corruption should appear sufficient
whole proceeding 1t is properly question between those
officers and the injured party and The tae Of me Territory
The ssoan and For e Of
the rights Of the citizens that respect In the o
aess.a,g H. yanS s.sa
be placing IN the hands Of s rotoas diuiduois the o,a
Of defeating any election phateVer."
Can anything be more opposite? And yet this report
whs adopted by the ose and the sitting member retained
his seat
Again in the case of Abraham Trigg rs Francis Pres
ton, OF Virginia, the committee report
That Captain William Preston, brother and agent the
election OF the sitting member quatered hontgom
Of which he had the command that the day election
the said troops marched in body twice three tme
round the court house and paraded front Of and close
the door hcreo that close Of the election the
said troops were pocd generally in favor Of the sitting
ber bu their put down separate paper and
poi OF re
spectiye counties rejected by the returning officers
vote in favor OF the petitioner that Of the soldiers struck
and knocked dawn magistrate who attending st the
said elections that three soldiers stood at the door Of the
court house and refused TO admit because he declared
he would vote for the petitioner that many of the country
people dissatisfied with the conduct of the soldiers
which produced alterations at the election between the sol
ders and the country people, the former being generally for
the sitting member and the latter for the petitioner and
closed that Of the soldiers being afterwards nerroga
ted why they said they would beat any who voted tor
Tgg replied They who bound obey that though
it doubtful whether any of the soldiers armed the
rthouse yet appears that the time Of the ARRAY, az
and that when the soldiers being ovePowered by the
try people, retreated to their barracks guns fred
by the soldiers towards the country people"
Upon this strong case the committee recommend a new
election, but the House permitted the sitting member TO
retain his seatand this Notwithstanding the armed inter-
ference which might have affected the result.
In the face Of all this authority, not has been
be adduced against i-not one not one that shows
w
look into the elections, returns and qualifications of
members this floor inquire into the legality OF the
law Of the State Territory under which such elections
may be held.
This being the law OF the case ask the House-(and
necessarily pass much designed to say by
son of my limited time )-wha II wants with persons and
papers Is II wanted prove the invadty of the egisa
ture by paro testimony IN face Of the solemn record We
must have beginning must have starting point
from the very necessity Of the case.
There is no proof necessary for the seal Of the United
States, the constitution the laws we pass that
or you, Mr. Speaker live the calendar the numerals
the alphabet and many other concessions without which
progress would be hopeless. You assume far as
this House is concerned that the legislature Of Kansas
nghtluy convened and lawfully elected. aud that they
acted in conformity with their organic There Is no
rghtf escape from this conclusion. II Is pretended
that Gen. WHITFIELD is qualified and did receive
large number Of legal votes while against
him. ask then, why send for persons and papers
must hasten Allow me TO ask, Mr.. Speaker, who
the people Of Kansas Gentlemen the other side
talk though they represented that people Where are
they TO be found2 In the tremendous vote given for
WHITFIELD the 10Th Of November 1855 They 10 be
found 10 the votes by which overwhelming majority Of
members Of one particular opinion sent TO the egsa
tive assembly They be found in the election last
October, when General WHITFIELD and elected
without competitor. But gentlemen say " we have
majority, why do not into investigation that
we are right why object to the resolution My s II
they have the majority, why do they into
the electiOns2 VIII, do they prefer the 9th instead
not meet The issue with General WHITFIELD the day
apart for the election Of delegates by statute Of the
legislative assembly Of Kansas We bow 10 the majesty
OF the laws, repudiang utterly all revolutionary pro-
ceedings. II the election carried has been
represented, why did not they call on the governor
or the Executive Of the United States, TO attend TO the
matter No; they would do that They declined TO
40 So On the contrary they allowed the election TO go