True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-04-02


The Governor convened the Legislature
at Pawnee. This was its first meeting
and the Legislature, whileat Pawnee, pas
sed an ACT fixing the TEMPORARY seat of
government at Shawnee School. The ELEo-
TIoN statute was passed at Shawnee, the
temporary seat of government fixed by the
Legislature. Congress having fixed the
TEMPORARY seat of legislation at Fort
Leavenworth, it seems to me plain that
the Legislature could not fix it temporarily
elsewhere, nor could they legislate else
where except at the permanent seat of gov
ernment. / do not propose to discuss
this point further, because l consider it
clear.
But, say that this pretended Legisla-
tive Assembly not only violated the organ
ic Act and the Constitution in these enact
ments, but that it was not the Legislative
Assembly of Kansas; that it usurped the
pewers of Legislation, was Ievolutiona-
ry body chosen by invaders and conquero RS
of Kansas against the will of the people.
The memorial charges this, the statement
Of Governor Reeder reiterates it, and. al
though the statement of the sitting Dele
gate puts this fact in issue, the minority
report implicitly admits it, but asserts that
this House cannot inquire into it. The
minority report AYERS Governor Reeder to
be estopped by his acts, and denies that
any one but candidate at the same cleo
tion, who has prima facie claim to a seat
may contest; but the minority admit, that
on a question of constitutional qualification
of its members the House may on the me-
mortal of anybody, or of its own motion,
inquire into it. 1t asserts that this House
cannot inquire into the question of the ille-
gality of the election of the Goth of March
last, because every Legislative body judges
as to the qualifications Of its own members
and exercises therein d!cial powers, and
is u court whose judgment is final. This
position | controvert. The House has, by
the Constitution, the power to Judge 'of the
elections, returns, and qualifications of its
MEMBERS
The House is to Judge of the elections,
as well as of the qualifications of its mem
bers. If the House had no power to Judge
of the elections of its members, there
might be some ground for the assertion,
that they could not go behind the fact of
the election to inquire into it. But, mas
much as the validity Of the election of the
sitting delegate depends upon the rightful
exercise of the Legislative power in the
Territory, by the Legislative Assembly,
we have as much power to ascertain what
that Assembly was, by whom chosen, and
how it exercised its power, as we have to
inquire into the mode and manner in which
the election of the first Monday of Octo-
Der last was conducted. The minority of
the committee seem to hold the opinion,
that the claimant has no color of claim
here, because he was chosen at an election
not authorized by q territorial statute. Is
not this begging the whole question--a
concession of the very point in dispute? If
then, statute-a legal territorial statute
was essential to this Kansas Delegate cleo
ton, why is it not as competent for this
House to inquire whether there was body
authorized 10 enact the statute, as to in
qure if the statute had Geen enacted! Both
inquiries are necessary to enable the House
'to judge of the election But we are told
the House must take notice of the statutes
Certainly not, when it is denied that they
are valid statutes, and it is charged, and
in issue, that there was no legally constitu-
ted Legislative body to enact the statutes.
But we are again told that every Legislative
body is the exclusive judge of the qualif-
cations of its own members, and that its
judgment is final.
That may be true of distinct, separate,
and Independent States-that the Legjsla-
ture of each is the EXCLUSIVE Judge of the
qualifications of its own members; but not
SO Of Territorial Legislature, of limited
and delegated powers, called into being by
law Of Congress.
Sir, if that Territorial Legislature was
chosen in violation Of this orgUnic act, if
the election of its members was effected by
arms and not by law, it will not do to say
that Congress cannot inquire into it. The
Constitution of the United States, and the
laws and treaties m ade in pursuance of it,
are the supreme law of the land, and there
fore tho supreme law of every rood of that
Territory.
There stands your organic act for the
government of this Territory, made in pur-
suance of the Constitution, and part oil
this supreme law. That act prescribes
tina THE ELECTION of the first Legislative
Assembly of that Territory 'shall be held
at such TINE and PLACES, and be conducted
in such MANNEa, both as to persons whc
shall superintend such election and the re.
turns thereof, as the Governor shall appoint
and direct 1t also prescrbes the qualifi
cation of the electors, and provides 'tha,
the right of suffrage and holding Office shal
be exercised ONLY by citizens of the Uni