The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-31

officially report or numerical statement as The returns
Of election" This also Presnpposes az stsuns iaw
and The whole OF this power exhausted when u Is ascef
tanned that the eturns made by those duly aothor
lied make ihem and present clearly and truly the cleo
| tons actually held as provided by law
And The aouafcationsp Of members furnish the next
grant Of power and what does IL imply why clearly
pre-exisng law declaring, Webster defines ~ legal
power or requisite; the qualifications OF electors
When therefore question arises as 10 the right To
seat in this hall only inquire Tor inc man having
the legal qualification, duly returned as having received
bona fde majority OF legal votes and to such one we
have no alternative but TO adjudge the seat Is II not won
derful then that committee OF this House acting under
the clause OF the constitution 10 which nave leierreu
shall gravey proclaim the doctrine that they ana eonse-
aueny the House. bouud by rule but Its own sense
/ of right and conscientious discretion
This extraordinary doctrine IL not The great inn
del abolition agiator Wendell Phillips the evening OF
the 25th of January 1885, to aPplauding audience OF
Boston, said We TO judge Of all things IN virtue OF
the sovereignty Of the individual conscience Or perhaps
regardless OF those limitations by which the constitution
intended TO restrain to the exercise Of SPECIFIC grants
Of power the committee has resolved TO claim the omnpo
tent power of the British Parliament whose dignity and
Importance preserved by keeping their privileges inde
| initep
Now / enter my solemn protest against this as most
alarming doctrine. say that have power TO be ex
eeised by in this House except grant and which
is under restrictions and regulations. say, we art
not agents for any purpose unless under the u
thotes and laws of the country and say that the doe
rne which is adverted TO in that report and which has
been proclaimed in various portions of this hail. is full OF
alarming danger and ought TO be repudated and repeled
under all and every circumstance We here not
moral but political agents. bound by our constitutional
duties and bound to conne ourselves to the laws which
| regulate and adjust them.
/ we are bound-says Mr. Phillips and says the report
Judge all things in virtue OF the sovereignty OF the In
divdual conscence Now, this doctrine cannot TOO Sc
verey condemn cannot too seriously and too impress
vey admonsh this House against its dangerous charac-
ter II is doctrine which is spreading. IL is doctrine
which has found its into high places II is doctrine
,r,i. su anriaf ia
makes Massachusetts, declare that the ugtvesave act Is
unconstitutional 1t is doctrse which makes the judges
Of Wisconsin undertake to nuy the law Of Congress
Ii doctrine which is insnuang itself into all the ram
fcations and interests OF society; and is doctrine,
therefore, which every conservative man is bound by his
allegiance the glorious charter of institutions and
by his devotion to human liberty to investigate ana con-
denim.
But having taken this positonto wit that this House
sis bound by rule but its OF right and consci-
enous dscreon"the committee proceed in their report
1 to make their statement of this case, and say:
The relative position Of the conesting parties and the
disputed questions of fact appear the memorial of the
under which the sitting delegate obtained the certificate OF
alleged fac. that the which imposed
upon the people by foreign invading force who marched
which Congress had provided for the actual
inhabitants"
And adds:
awe understand the sitting delegate deny these asserted
| facts"
Here the broad ground stated ana sustained In tue
port of the committee that have not only the to
judge of the elections returns, and qualifications Of
members which is admitted "b that re hare the right
Judge Of The elections returns and qualifications q members
Of othr Legislature bodies" which is earnestly denied
1t must not be overlooked that the Nebraska Kansas act
is to those Territories their organic law, their constitution
prescribing them the powers they may exercise and the
limits which they restrained precisely much So
and TO the full extent the constitution OF Virginia is
grant and restraint TO her authorities True the power
modify the constitution Of those Territories is in Con-
gress while the power modify the constitution of Yr
gina in her people, in neither most clearly it in
this House What would be thought of attempt to set
aside State election upon the allegation the proof that
the law under which the election held passed by
legislature faudulently elected And yet that far
is House is concerned, is in principle precisely what is
now proposed
The committee says
"The objection this invesg CATION the ground that
the contestant esopped from denying the legality of the
ly too and tenabe The doctrine Of estoppel
pronounced By all judges and lawyers be odous
law which they cannot rsnsgres and treated with
favor. In this House. which is bound by rule but its
OF right and conscientious discretion, it would be
most singular at least select OF the obnoxious
dogmss Of the lawone not binding upon MS and
have desired get rid ofand AXE IT, unnecessarily
and gratuitousy the means Of shutting out the light from
ourselves and the people, and Of eectuay motherng
investigation Of facts which have convued the country"
Now insist that you cannot look into the law but you
can look at the action under the law. You have no
right under your power to look into the election
and qualifications Of your members to go back and in
qure into the law itself Gentlemen talk very loudly
and contempuously about the doctrine of estoppel
maintain that 10 be most salutary and conserve
tive doctrine What stays the madness Of nor,hern ia
nscism now2 The constitution. What is it that re
strains the rage which to stimulate the conduct Of
many worthy and excellent men2 II is the estoppel which
is found in the constitution What is Il that labors fee
bly, II may bel to conine within appropriate and pre-
scribcd limits? Ii is the esoppel OF the constitution
What is II which restraints from committing muir
der2 IL Is the estoppel Of the law whi hangs him for
the crime. What is 1t that restraints in the whole So
cal system? IL is the estoppel which from healthy
and sound legislation, and from sound and healthy adj
mnistraton Of that legislation. Sir If IL not for es
toppels should be Of wild and furious savares
mild and benehcent influences Of Christian legislation The
doctrine Of estoppel Is not he scoed A. But il Is
always scofTed when II undertakes stop the hand OF
tho wrong-doer and restrain within the limits pre-
scribed to him.
But the idea Of the committee that 1.-THE doctrine of
esoppe Is applicable only matters Of private right and
all attempts apply 1t 10 public official acts and political
issue Of personal consistency with which the House has
nothing TO do, is remarkabes utterly allscous; and IL
refued by the fact OF organization and the consttu
ton and laws under which this great republic lives and
has It's being, applicable only TO matters Of private
/ right
Bot Il is asked, how win you prove the existence of
| TERRITORIAL legisiaiureH The committee says;
at has been family urged that the book Of acts and the
journal prove the existence OF legal legislature This your
understand how the issuing Of Journal and book Of acts Ia
reerable 70 legally elected iHsgag elect
ed legislatures how the existence and production Of
these books can throw any the least light upon the subject
when both parties admit there body OF men
TO be legislature, and differing only In that most material
question, as 10 its legal title 70 the Office"