The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-04-02
4uldieal
J - Speech Of I'd
HON. N. ]. CRAWFORD,

SSNeA
OF GEORGIA,
In opposition 10 the resolution reported by
majority Of the Committee Of Elections,
asking power TO send for persona and pa
pers in the Kansas contested election
case: delivered in the House Of Represen-
tatives, March 10, 1886. ~ aai''-s
0el AFFAIRS IN KANSAS.
Mr.. CRAWFORD said; atn'.
d Mr. SPEAxER: ] desire The indulgence Of
.he Hmse for short time, to discuss the
resolution submitted by a majority Of the
Committee sof Elections. II is rot my pur-
pose. sir, ait this time, 70 travel beyond what
may be legitimately and properly said in
Preference to the question now before the
House, which do not think involves the
necessity OFF range Of srgusnent by any
means extensive; but, on the contrary, is
prescribed TO limit somewhat contracted
It is true, SIR, that should like at this time,
to give expression TO my views in regard to
other ma ters concerning Kansas; but am
precluded from doing SO by propriety
which suggests thati should con6ne my
self strictly to the subject-Haatter which is
now under consideration.
A majority Of the Committee of Elec.
tions have submitted d report concerning
the Kansas contested election, and have Of
Gered, in conclusion, the following resolu-
| tion=
''Reselve2 that the Committee of Elections
in tbe'contessed election case from the Ter
Titory of Kansas be, ard are hereby empow
cred TO. send for persons and papers, and to
examine witnesses upon cath or Affirmation
hope, Mr.. Speaker, 10 be able to satisfy
every fair and just-thinking man upon this
floor that We oaeAt not to adopt this reso-
luton; that there is moi the slightest neces-
sly for the testimony it proposes 10 en-
power the committee to take; and that there
does not exist Just reason for its paSsag e
other side of the House, and request their
attention to my remarks in support Of the
position which | have taken-remarks
which are made with some pleasure, for the
reason that there are many gentlemen who
| would be pleased, have no doubt, TO hear
this matter fullY discussed, and to support
and maintain truth and law where clearly
and satisfactorily established.
/ Why has this resolution been reported:
The object, as al edged, is TO procure tes.
timony TO settle the question as to which ot
these parties, the sitting delegate from
Kansas or the contestant, is entitled to the
seat. et..f t..s
/ The parpuse Of testimony is always toe
licit the truth in regard TO certain state o.
facts asserted upon the one side and denied
upon the other. These facts 81 e always as
serted by tire party moving, or the actor in
any proceeding which he may attempt to
set up or sustain And just here it is prop.
er to say that a party oomiag into Court
or dehberatve assembly mast come assert
ing some clear legal right, which is with
held from him, or demanding redress fol
some wrong which he has suffered.
Nov, sir, let us examine the state Of facts
asserted by the contestant who moves in
the subject matter under consideration, and
who is bound not only to show that the sit
ting delegate is not entitled to the seat he
occupies. but, further, that he himself is the
only proper party authorized to fill it.
Perhaps it &1ay be well 10 examine d,is
point, as there may be some doubts enter
tanned by gentlvmea as to its soundness.--
Suppose that an action of Il ctment were
commenced in H court Of justice for the re
covery of zeal estate, and the plaintiff shO'd
assert that the defendant is in possession Of
property to which be has no title, not pre-
tending however, that he has any .egaI
| title in it himself. merely asserting that il il
not in the defendant; or suppose that an &C.
tiun OF troyer were commenced, and the
plaintiff should assert that the defendant
was in possession of personal property thnt
did not beloag TO him. yet not claiming that
the title WAS IN hiAseli: what would be the
decision of the court under such circum-
stances in either of the cases suggested?-
It's decision would be that it is not enough
to give the court jurisdiction, that tie de.
| fendant shall have no title, but it is further
necessary that you should asset and set up
legal title IN yourself; and the result wo'd
be. that such cases would be tArned out oi
court without moments hesitation. aJ
| And, cir. imagine that we sit to-day in
the trial Of this question as a court, IN which
all rales Of law applicable in such cases will
be recognized and enforced. 1t will there
fore, be necessary and proper that the con
testan shall in this case not only assert that
the sitting memberis not entitled to his seat
but that be is the only legal delegate from
Kansas. Upon this question | shall have
4 soaaething to say in reference to the last
ground taken by the contestant in his me
mortal to this House, when I shall have
reached that point. M ,.
The contestant come before us with hi.
Icharges specifed. so that we are at loss
Ito understand and determine the issue which
is made UP for our decision and action
have from bis own memorial analysed
them. There are four grounds alleged
THEREIN upon which contended the sitting
tdelegateis not entitled 10 4 seat: a Ak
| First. That the election at which the sit
Ting delegate was elected is absolutely void
being without any valid law, or the ~il o
the people. o. the qualified voters to author
ize or support IT.. 53
i Second That the said election was no
iconducted according to the forms Of the Law
itself. NJ. \.
4 Third. Tbat illegal votes were pclaed.
Fourth. That the memorialist himself wa
elected at the only valid election held in th'
Territory for a delegate to Congress-
These are the facts asserted; and the cas-,
made by the contestant himself. and what
soever Of legal testimony may be introdu
: ced in support Of these allegations, can. ant
loaghte TO bs allowed. / ana anxious tina
nothing shah be witheld. bat that every
thingsmay be enquired into touching th'
above grounds, upon which the cOntestan