The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-18

Il
been Dadeby the King Lords and Commons they could
not inquire into any Of the defects prior passage
would they suffer the point 10 be stirred" The supreme
of New York have decided the same question and
in the same way. Their commissioners of highways II
seems before they upon tue discharge of thei
duties, are bound 20 take oath aud file 6cae OF
the with the town clerk This they failed do and
the clerk refused 70 record survey which they had made
ordered. dispute between them, the question
went before the supreme court and they held that the act
OF officer deaoo who comes into Office by color of title
is valid and binding II concerns the public and third
parties and IA pursuance of that decision nandamus
absolute was Issued requiring the survey to be recorded in
obedience to the order Of the commissioners.
This question has been similarly decided the courts
in regard TO sher and other officers as well as 10 boards
OF decGrs IA corporations both private and public and s
considered well settled principle of the law both in this
country and in England .I rn,
4 have attempted to show how this question would be
decided by the courts Now let us gee how far am sup
ported by the established usages and of
| ions. .....s s.. r. e q
! You referred sir to the many acts of tine United
States in recognising the several different dc govern
that have existed IN exico We make treaties and
do oil other intssaonal business with zach govern
ment as may happen to exist Such was the course pur-
sued towards Texas when she declared herself indie
pendent OF Mexico The nations OF Europe and our
own people acknowledged the existence of her gov
ernmenb and formed treaties, held conventional in
tercoarse with her by receiving and sending public
ministers, nquiring into the validity legality
of the establishment of her government When the pres
the American minister the first of the foreign dplomasts
who stepped forward TO recognise and the
existence OF the de Jaco government? But gentlemen
these in Kansas usurpers that they seized the
government and passed laws without having any legal
thority TO do So | would ask, if this true,
which deny by what laW did fathers establish
constitution and usurp the right Of forming govern
in opposition to the authority of Great Britain and
how dared they fill the places of those usurpers and continue
government thus set in notion for they without
ory save in their stout hearts and strong right arms,
and governed by iap in the purity of their
parotism7 Notwithstanding all this, the existence of
our government dc Jdcto recognised by and
at n npttta
der necessity that gave her choice acquesced and
yielded her assent to the existence Of which
I she poweress to crush
These views have been presented Mr. Speaker upon the
assumption rather in the absence Of testimony by which
to settle the question involving the eattdy Of The lao OF
Kansas, under which the sitting delegate was elected
claim however that all the testimony which is either
era relevant to the issue made by the contestant be-
fore without the necessity of sending for persons and
/ papers, as desired by the committee.
What evidence have that we are bound to notice
All public laws of the United States the tea loci of the
Territory and such wellesabshed principles of law
universally recognised by the Judicial tribunals of the
country. We are therefore, first to notice the laws OF
Congress; and what do find touching this subject
The act organizing the Territory of Kansas def ling its
boundaries, authorizing the appointment OF governor
and the election Of members Of the legislature declaring
who shall constitute the legal voters the first election
and that
The first election shall be held such time and places,
and be conducted in such both the who
shall superntend such election and the returns thereof
the gocnor shall appoint and direct; and he SHALL at the
time, declare the number of members of the council
and house of which each of the counties
or district shall be entitled under this The hav
ing the highest number of legal 10 each Of said council
districts Tor members Of the council shaa be declared BY M
yorsrnor 10 be dy elected e council and the persons
ing this highest number of legal for the house repre-
sentayes hu Be declared I ne govor Be da elected
members Of ths hsuse."
i We know officially that H. Reeder was appointed gov
Of Kansas by the President of the United States
he accepted and entered upon his duties in that capacity
We know officially that legislature elected in obed
enee To tue proclamation Of the governors that convened
at Pawnee City the I'd day of July, 1850 We hav,
official evidence that the ualdity Of Me election Of members
TO the legislature passed upon by the governor aud
majority of the members declared duly elected by the ega
voters Of the Territory in compliance with his duties
defined in the organic law.
We further officially notified that the Sd day
july 1865 executive message received by the egs
lature, in which IL is declared:
The solemn that is confded to us for originating
lie and tons moulding tho destnies Of new
republic 6c., cannot but impress with
deep aud solemn OF the heavy responsibility which
have assumed"
the legislature organized and assembled by the gov
ernUr, in obedience 10 law notified and have tn
evidence that the governor was the only person powe
who could decide In the first instance, who and who
legally elected members OF that legislature; ha
he decided thai wo-thrds Of the members had been duly
elected, and under The law by and with his advice and
cooperation, they regularly created the lsw-ma
king power Of Kansas and, with solemn Of th'
heavy responsibility which they had assumed they com
menced the work Of originating the lars and institutions
and moulding the destnies Of republic. | pre-
there be doubt that II the laws and destue
Of this new republic had been moulded according to th
wishes Of the executive In regard The location othe
OF government and slavery this House would have beer
spared the which it has undergo from th
ex-governor OF the Territory Of Kansas think that may
that II Ia also known officially this House that there
doubt 10 the validity OF the election OF members
long they held their sessions at Pdpnee City but th
moment they adjourned TO another place light begat
break upon the vision Of the governor and he
became satisfied that the legislature without power
that the members had been illegally elected But sir tt
resume the subject official evidence we have before NJ
tIa NJ baf d,cIa
that the FIRST Monday in October 1885, election shal
be held for delegate TO represent that Territory in th
present Congress this being public act bound tc
notice IL.
Now sir, with full knowledge Of all this testimony tC
which cannot shut eyes ask wherefore the neces
sy OF scnding for persons and papers II they herr
they could be introduced in evidence aside th
act Of Congress the official Of the governor th
ACT Of the legislature Of the Territory OF Kansas.
What then be the object Of the committee in desr
ing this extraordinary power Is II to prove that III,
members OF the Legislature not legally elected Sup
pose that every In Kansas here they would
be allowed to contradict the law Of Congress- the law
their legislature the public official Of their
tive cannot bring myself to the conclusion that they
would be allowed to that the members Of their egs
lsure illegally elected. IT, however, 1t done
you would only have proven that the contestant gov
bad s0emny and officially declared that TO be true
which absolutely false for IL Ia known that In pursu.
Of the organic act he did declare that twohrds
tho members OF the legislature bad the highest number
legal votes and were therefore duly elected and the
thus presents ITSELF the desire Of majority Of the
fed public functionsry under his oath Of office was
utterly and wholly false Well may this contestant ex-
claim, Save me from my frendsi"
have eudeayored TO show, in another portion Of my