The daily union., 1856-03-29

1856.
The resolution from the Committee of Elections asking
r power 10 send for persons and papers in the Kansas
election being before the House for consideration
hr. ENGLISH said
hr. SPEAKER had intended to address the House upon
the pending question: but it has been ably and thor
onghy discussed by the gentlemen who have preceded
that am but little inclined speak now and shall not
do so at any considerable length.
Know that the minds Of gentlemen here fully made
u and shall therefore be content indicate the votes
serving the usual privilege Of enargng upon these views
should my remarks be written for the eye of my
siucnts
Sir what Is the nature and character of the question
pndcr consideration? 1t is contest for upon this
ioor delegate from the Territory of Kansas wherein
H. eeer Is the claimant contestant and j. W. WHIT
tELh ta ht,ihg member We called upon to decide
legal qaesos and to act as high court Of justice whose
decision final, rather than III legislative capacity and
we are certainly to regard clearly established princc
law and evidence as we'll timehonored precedents
Al the time OF the organization the present Congress
MT WHITEHEAD appeared produced his credentials (Which
were 10 due 'orm recrved the oath Of Office and took
bis seat as delegate upon this oor lie WAS prma ace
a. least, Ms much entitled to u any gentleman here
Upon tie aee OF the papers he the yeected dele
eaewas ored to be such by the governor-was chosen
election held undtr authority of law passed by the
Kansas legislature the members of which wete elected in
pursuance d the act of Congress organizing that Terrific
~. No dispute therefore, that the case aow
hs o,d thai dtpoipes upon those ,oho contest this
rgh to d,soOc me tile By competent proof the manner
prescribed ~ taO and in accordance pi The uoges Of this
body
K H. Redcr is the gentleman who contests the seat and
upon his m,moral The Committee of Elections have asked
for unlimited power to send for persons and papers and
This IS the immediate question before the House. 1t is
proper 10 remark iha at the election held pursuant to the
act Of the Kansas legislature Mr. WHrEtD received
thousand nine hun ed votes and Mr. Reeder but thfty
Six-the whole number OF votes polcd being less than
three tbous,nd The latter does not claim to have been
elected al hot time does he pretend that all the
rast for Mr. WHITFIELD illegal He alleges that
hundreds o. thth were illegal bnt does contend
does OF his friends that any other received
more legal votes that election than Mr. HrFIELb If
Mr. WHITFIELD had received but hundred legal votes
and TINT was the highest number OF legal votes any ind
vdua received he would still be clearly entitled the
seat Mr. Rerder claims have been elected al another
time aud although he says he received majority Of the
leRa votes he does not say md cannot say 1t was at
election aHt orized by any law The truth Is, it
esuar aad Unauthorized gathering Of the people without
any legal 8rrton whatever.
Now, US look little into the merits of this claim
to seat sa up ~ Mr.. Re+der aud in doing begin by
laying down ~eii-knovn principle of law and equity
Which % entirely applicable 10 this case viz that The
eia'aa must rely upon e srrHSM q his case and not
upOn The TcakesS Of his ddrcrsary AS tho lawyers
he c clean hands and cannet be al
ioced 10 toke ddDandge Of ms wrong Let apply
these plain and just legal principles TO Governor Reeders
claim. lie The saiure that passed The law under
which WITHHELD elected spurious and the law,
therefore, void but at the time he does pretend
that be election when he chosen ~as authorized by
any law whatever. According his version, then,
WHIrELDs claim is better than his own because the cleo
tion held under the color of law whereas his own
was held without the shadow Of legal foundation and in
defiance Of all law.
But said that ontragcs perpetratrd in Kansas
and that bodies Of armed men, from the State Of Missouri
invaded that Territory at the time members Of tho egsa
chosen and by fraud and violence carried the
election and that therefore, the of that legislature
should have validity Well let sec If these outrages
have been perperated how far Governor Recder cspon
sble for them and what right he has to question the legal
ity Of the legislature
lie appointed the first governor under the of
Congress organizing the Territory and ntrused by
tie law with every power necessary establish the
ernnrnt and maintain law and order in the community.
For the time being he was for all practical purposes
STATE and should be held strictly for his
whether they Of commission omission. Amongst
other powers vested In him. the act Of Congress provides
that,
Previous the first election the governor shall
alton o the inhabitants and qualified voters
taken by such persons and In such mode the governor
shall Designate and appoint and the appointed shall
election shall be held such time and places and be conduct
Cd In sach both 10 the persons who shall supern
.h. appoint and direct and be SHALL at the same me de-
the number Of members Of the council and house
entitled under h. act The having the highest
Der Of legal votes n each Of said council districts for members
Of the apc shall be declared BY the to be duly
elected la the council and the having the highest
number Of legal votes for the house Of representatives shall be
declared by the TO be duty elected members Of said
house" 4o.
public trust, discharged the duties which devolved upor
bim Having giants strength in welding the destnie
Of The Territory let whether he used il honestly and
faithfully. The story Is told In official communication
this House by the President who conferred upor
him tho appointment:
The governor Of the Territory Of Kansas commissioned
June ~ 1884, did roach the designated seat Of b
until the 7h Of the ensuing October and ever
then f.led To make the hr' step In m legal organization
that Of ordering the census enumeration Of It's inhabitants
until 40 day that the election Of the members OF th
legislative assembly did not take place until March 3o 1855
its meeting until Jay s56. 80 that for afte
the Tsory was ted by The act OF Congress- and th
oc be appointed by the federal executive had beer
commissioned, without complete government, with
out any legislative authority, without local law and
without the ordinary guarantees OF peace and public
order.
ola other respects the governor instead Of exercising
vigilance and putting firth oil his energies 10 pre-
the Tendencies 20 illegsity which
prone 10 exist In all nprriecy organized and newly -ssso
eisted commuai aiowed bis attention 20 be divertr
from Official obig by other ohjects, and himself
example ~ the violation d la~ IN the Performance Of
which rendered duty In the sequel Ca hin frOu
the ohcO Of chief rHocHute magistrate al the Territory
We have already the Law made |, his impern
tive duty 90 st 81 the qualified voters In the Ter
ri,ory 20 he made that be RI the time
places for holding the eeCtOn and the oi conduct
Ing the same, bath the porsOns ho should act
judges aud the forms al returns that he vas TO examn
these returns and decide sbO had received majort
Of legal votes aud certify that such persons dal
olccicd.
Another portion Of the law provides substantially s
the pFTsons thus ccrbsd be "duly ected by the
shall ConstHtr the Legislature Of the Territory,
have power 70 determine all righuI subjects Of legis'
uoa
Now an examination of the admitted facts shows th,
the tr,tOn hsld under GOyeFsOT Rceders procam'
tob hking the iIIr and place that be prescribed n