The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-26

ny hNiu
March g. 1856. The only resolution passed was one Gu
dorsng Fillmore and Doneson The platform on which
these candidates nominated laid the table by
a majority of one
KANSAS AFFAIRS.
Report of the Minority Of The Committee Of Elections The
Kansas Contested Election.
The Undersigned members of the Committee OF Eec-
tion being minority and not agreeing with the major
y the two resolutions ordered by them TO be reported
the House in the Of the contested election from the
Territory of Kansas beg leave to present. briefly the rea-
sons of their opposition to both these resolutions
They desire only state the points, and not to argue
them The first resolution declares that John W. Whit
field the sitting delegate is not entitled to bis scat on this
floor delegate from the Territory of Kansas The only
ground upon which this resolution is founded Is the dt
leqed tnUqdy of the territorial law under which he
elected. He presents his commission duly certified by the
governor of the Territory There is not even preence
that he did receive overwhelming majority Of tho
legal the electon indeed, it is admitted, as
we believe that he had no competitor at the polls The
turn simply upon the question of the validity OF the law
Nor has this question been changed in the slightest degree
by the testimony collected by the committee sent out to IN
vestgae the affairs in Kansas The question stands now just
did then The of the sitting delegate rests upon
The following facts
territorial government instituted in Kansas in
pursuance of an act of Congress approved 3Oh o May
1854 which need not be more specifically alluded to-
In pursuance of that act governor was duly appointed
and commissioned who none other than the contest
ant Andrew II. Reeder himself
Under the direction and supervision of the governor III
accordance with the provisions of that act election was
held on the 3Oh of March, 1855 for members of terrific
rial legislature consisting of thirteen members OF coun-
Gil and tweny-six members OF the house oi representa-
tves
By virtue Of elections held and certificates of election
issued by the governor legislature did assemble in the
Territory the I'd day Of july 1885, at the place where
they were convened by the governor.
The governor recognised the legislature so convened MS
body under the act OF Congress organ
ng the Territory. He communicated with them as such
and did not question either the validity Of their election
tbala nf hair atiou
Not Of these facts is assaled mpeached by any
Of the testimony collected by the committee OF nyestga
on by any other facts in evidence before the Com
The law under which the sitting delegate, John W
Whitfield chosen, passed by the territorial lcgs
ature constituted and so invested with the awmakng
power.
These facts being unassniled and uuassaabe the queS-
ton still stands ustwhere did when was last before the
House and when the committee Of Investigation raised
The undersigned deem the question OF the validity OF the
law thus passed closed far any question relating
to the legality of the election Of any OF the members OF me
legislature passing is concerned This Is res audea
according well settled and fixed principles in all rep
resentatye institutions All questions pertaining TO tue
election Of members Of legislative body be settled
at the proper time by the proper authority aud before tho
proper tribunal; and when settled or waived be-
fore the proper tribunal must be considered closed forever
and in every other place Without this there can be no
such thing certainty in legislation In the case Of the
Kansas legislature the governor assumed TO judge himself
Of the proper election Of the members both Of the house OF
representatives and council and though there dsa
greeent between him and them upon the point of his right
TO judge in the first instance yet after their decision in
all Of contested in which he and they dis
agreed he scquesced in their decision and by his acque
affirmed their Judgment This is apparent hom the
journals Of the council and house OF representatives, referred
TO by the investigating committee as containing the facts
Of the case.
From these journals Il appears that large majority Of
both houses duly commissioned and took their seats
by virtue of the governors certificate without any contest
or complaint from quarter whatever These respect
i've bodies therefore, be considered having been le
galy, properly, and constitutionay constituted lie 90
ali
t1m The question TO the legality or the organization
OF the legislature then closed And after they have
discharged their duties as legislators and have become
Re ocO" il is too late 10 raise any question touching
the Of their election The establishment OF con
tray principle would tend inevitably TO create disorder
confusion, and anarchy. All laws passed. therefore by
legislature thus organized and constituted must stand
fall upon their merits under judicial construction y the
courts in this instance they will be held 70 be valid aud
act OF the Territory and the constitution OF the United
States and further And the same rule should be The
guide for this House.
bearing upon this main and essential point In this issue
that say the gay Of the organization Of the egS-
ature md the consequent validity Of the laws passed W
thenls the admission Of the contestant himself This s
contained in letter bearing date at this city the 18th
Of February list That admission Is in these words
"As TO putting ser oflaws in operation In opposition to
the territorial government my opinion Is confirmed IN
stead OF being shaken. Ny predictions have all been yer
ied FAR. w WH be- 80 tar az legality y concerned ~
hc WroRg and that Is ifHg matter N 80 critical 'tde
Qftings and in ricp Of such bloody consequences.
may speak my plain and private opinion to our friends
in Kansas for is my duty butto the public as you will
see BY my published letter, show divided 'front.'
This admission is clear explicit and TO the point II
covers the whole ground. IL shows that the contestant
himself placed reliance whatever upon tho assumption
that the territorial legislature bad not been properly
ganzed And IL shows further, that SO far legality
concerned in his Judgment opposition 10 Il would put
himself and his friends in the wrong This admission, II
is true made pripatey the evidence discose to
friend but IL shows nevertheless the real conviction Of
his own mind and the dictates Of his good sense
10 the right and law Of the And how could II be
otherwise with him He knew that he in the
tive chair when the legislature organized. He knew
that all matters pertaining TO the election Of the members
OF that legislature had been settled and adjusted under his
auspices He knew that those matters could never
be properly inquired into by any other body, or be
fore any other tribunal and he knew that organized
sance laws thus passed could be regarded in no other
| light than rebellion and revolution.
The undersigned do not deem IL necessary 70 go into
review Of the testimony collected by the committee in ref
erence to the election Of the Both OF March, 1858 They
will barely state that far they have been able to look
into t. il fails entirely sustain Governor Reeders public
allegations touching the force and violence with which
that election was carried They do not find that single
voter in the entire Territory prevented from exercising
his elective franchise by force violence, or intimidation
The utmost that be claimed for il on the line that
was sought to maintain is that II shows that there
some illegal voting And what election has ever been