The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-24
KANSAS CONTESTED ELECTION.
SPEECH OF HON. J. A. BING HAM

KANSAS CONTESTED ELECTION.
SPEECH OF HON. J. A. BING HAM
IN THE HOUSE OF REPRESENTATIVES,,
MARCH 6, 1856,
On the Resolution reported from the Committee of Flee
lions Contested Election Case from the Territory
OF Kansas.
Mr.. BINGHAM. Mr. Speaker / agree with the
gentleman from South Carolina, Mr.. BoYCE,l tina
in the investigation of this question should hav,
regard to the law of the land; that should ash
nothing and that should take nothing, in viola
ton OF the law am impressed with the proprietJ
of that remark; and, sir, it is because would have
the law vindicsted-it is because would 60 fsl
as he that goes furthest in the support and mants
nance of the supremacy of the law, that ask the
House to confer upon the committee the power to
send for persons and papers The committee, in
making this request of the House. only ask that they
may be permitted to show the truth in regard to the
great questions arising out of the Kansas elections
which agitste the public mind. The truth wrong
man. The interests of the nation, the supremacy
of the laws, which have been violated in the cleo
tions in Kansas, demand that the truth should be
known In this case and it is for that that
ask TO have this power conferred upon the commit
tee.
do not understand the gentleman from South
Carolina questioning the power of the House to
give authority to the committee to compel the at
tendance of witnesses before it. for the purpose of
vestigating these questions. 1t is power that has
never been questioned and one that has been exer-
cised before 1t is not claimed on the part of the
minority OF the committee, as understand it. that
the power is not within the discretion of tho House.
The only question, them is, whether a has been
made out which, in the judgment of the House. would
authorize this investigation and whether that is tho
best mode of conducting that investigation That
all there is of it. That is the length and breadth
of the entire question.
Mr.. Speaker, the fact is apparent, that one or the
other of the Deeg ites here claiming a seat as tho
representative of the people of Kansas is here in
violation Of the organic law of the Territory That
TACT, L take 1t, is apparent and self evident Tho
most credulOus in this Hall cannot believe that
free and intelligent psople. knowing their own
rights, and daring to maintain and vndicate them,
would so far forget themselves and far forget tho
laws under which alone they secure in the pro-
lection OF their persons and property to violate
them so grossly and fagrantly to hold two cleo
tons for Congressional Delegates in the same year.
and in the same month, when by the laws Of the
Territory they should hold but one. The most sim
po and the creduous will not believe that the
people Of the Territory of Kansas, knowing that by
the organic law Of the Territory, they have the right
to elect but q single Delegate to Congress have in
violation Of the express letter Of that law
to elect two Delegates the same year, and to the
same Congress. No man will dispute the fact that
two distinct elections for Congressional Delegate
were held during the last year within that Territory
nor will any one be bold enough to dispute the fur
Their fact that Mt each of those elections eqat
tcas cast The sitting Delegate here, claimir
vote Of some twenty nine hundred He who is
called the contestant but who is not contestant at
all-the other claimant of a seat-comes here sus-
tanned by some twenty eight twenty nine hundred
votes 1t Is q notorious fact, that greater legal
vote than that did not exist within the Territory of
Kansas on either of the days which these elections
held to wit the LIST and the 9th of last October
And is any man to be told that the people of that
Territory assembled the first day of last October
and cast all the votes within their control for the sit
ting Delegate ard then went through the farce only
eight days afterwards, of meeting again. and casting
all their votes for his opponent? No man sir can
be made to believe that
1t strikes this view Of the case that it must
DO seen and Jsit that in other of these cleo
TONS the organic law of the Territory was wantonly
trampled on and disregarded 1t must also be appa-
rent that at other Of these elections the cleo
ton was spertntended and votes cast by different
people altogether from that which experimental and
cast the votes at the other election 1t concerns all
the people of this land to know the truth of this to
know whether the organic law for the government of
that Territory has been defed set at naught and
overturned, by armed invasion. Have the people of
Kansas chosen the sitting Delegate. have they
been conquered by an invading army Is tho sitting
Delegate here without the consent of the people,
in violation of law, and by the of lawless inva-
dcfs Is he here by the decision of the sword, and
not OF the ballot? These, sir arc the questions
which We seek to have investigated and these arc
the questions which arise upon the facts stated in
the majority report, and to investigate which the
committee ask authority of the House to sond for
persons and papers. If ne "pr05abLe casen demand
ing inquiry has been made out in the report of the
committee, then L admit that the power asked for
ought not to DO conferred. The minority admit
that If the case made by the committee as to the it,
legality OF the Territorial Legislature be within the
jurisdiction of this House. there nec.sstv for an
investigation but object to the ode proposed by the
majority for taking the proof
now proceed to inquire whether not probable
case tor inquiry in the matter of these elections has
been made out by the facts reported by the siorty
OF the Committee of Elections. The organic act Of
the Territory prescribes the manner in which the
ierritorai Delegate shall be chosen. 1t provides
that Delegate to the House of Representatives of
the United States shall be elected to servo for the
term of two years and that, after the first election
he shall be chosen by the qualified electors in The
mode prescribed by Tar. 1t is known that neither of
these elections held in October last was the fr cleo
ton within the Territory Therefore the people had
the right by the organic act to prescribe through
Legislature chosen by themselves, the times D4ces
and manner OF the Delegate election which was held
on the first Monday of October 1855. They had this
right sir for it is given to them by the express
of the organic act of the Territory; and the Ameri
can people have the right through US to inquire
whether this provision of their law for the leos
lation of that Territory and the conduct of
therein was violated and thwarted by invaders in m.
conduct OF that election. This is charged 70 have
been done in the memorial sent to the committee bv
this House. Will gentlemen undertake to stiHs this
inquiry! do not think there is here anv man 90
bold as to deny that the subject is WORTHY of m.
consideration of this body. Are we to be told thai
though the fact be as charged though the time Ma
c,S, and manner OF holding the election of the first
Monday OF October was not prescribed by the Ieos
lative Assembly of Kansas, but by a reyolutionsrv
assembly chosen by residents of the Terr;,orv
we cannot inquire into the matter? Are we to be
told that the printed journals and acts of an ASSEM-
BLY, OF UsURPERs, convened within tho Territory at
place unknown to tho organic act estops MS and
tho nation through us, from inquiring whether that
oody was the duly and legally chosen Legislative
Assembly % Re ~
Legislative mbly could be chosen in Kansas and
invested with legislative power, but by tho actual
residents and citizens Of hat Territory and only by
them in the manner prescribed by the organic act
What are the provisions of this act for the election
OF Legislative Assembly for Kansas? 1t is proyi.
ded that the Legislative Assembly shall consist of
Council aud House of Representatives each nom.
Der of which shall reside in and be an f,lkabitazt OF
the district or county countless from which he
chosen and that the first election for which Assem-.
bly, shall be held at such time and places" and be
conducted In such manner, both rs to the persons
who shall SueTGntend such election and the returns
thereof, as the Governor shall appoint and direct y
There was but ono Assembly claiming to be the
Legislative Assembly of Kansas which sat anterior
| 10 the hrst Monday of October 1855. 1t was that
| body, II any, that prescribed the time place and
manner of the election for Delegate to this
| But did that body do this And if So was it The
| Legislature assembly Of Kansas Waving for the
present the question of the legitimacy of the body
assuming, for the time that it was ds,Iv chosen-I
say that it did not provide required by the orpan
lc law tor the election under which the sitting Dele
gate claims his seat notice this fact in this con
nection Though it would be appropriate in the
nnai nearing OF the case) because have boon told
that we are concluded by the acts of the Iepisapre
and cannot go behind them. ask are we concluded
oy d"Ttorial eRact1ents, which on their very face
violate the organic law, and are therefore void
an lnegsi act Is nothing: 1t evidences nothing II
estops nobody; it controls nobody and il sanction
| no act.
Let us see now whether this legislation, which W.
are told estps u.s. is in violation of the organic Law
of the Territory, and void. 1t is provided in tina
law that the legislatixe nozar af "a Ta--:.s--