Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1856-03-27
KANSAS Contested Election.

H0uSe OF fep'eSenWtteS; W. TIC hWtS"S Sofs-
tested Election Case.
Made Mar. 5, 1856, by MIR. Hickman OF Penn
. The Committee of Elections, in obedience
to the resolution and instructions OF the
House, respectfully report the following rea-
sons and grounds upon which they ask the
authority of this House to send for persons
and papers in the case Of the contested cleo
ton from the Territory of Kansas:
The relative position Of the contesting par
ties and the disputed questions OF fact, ap-
pear in the immortal of'the contestant, who
denies the entire validity of the election law
under which the sitting Delegate obtained the
certificate of the Governor of the Territory.
This denial is based on the alleged fact, that
the Legislature, which passed it, was i'm
posed upon the people by a foreign invading
force, who marched into the Territory at the
election. and seized upon the powers of Gov
eminent which Congress had provided for the
actual inhabitants; which powers, 1t is said,
have been held and exercised ever since by
these strangers to the soil, under no other title
than that OF a strong hand and superior num-
bers, aud to the entire subjugation OF the
people of the Territory. Two other reasons
are assigned fer the invalidity of the same
statute: but they are questions Of law rather
than of fact. The contestant also states, that
at the election for Delegate, held under said
law, and at which the sitting Delegate claims
to have been elected, many hundred illegal
votes of non-residents were poiled, and the
rules for conducting it, prescribed by the stat
ute disregarded.
We understand the sitting Delegate 70 de-
ny these asserted facts, and also to contend
that, as the contestant was Governor OF the
Territory when the first election for members
of the Legislature occurred, and gave certlt-
Gates to the persons pretending to be elected,
he is estopped from setting up now that they
were not legally elected, whatever the state of
facts may be; and that, therefore, the evil
dence indicating those facts cannot be heard.
or the alleged wrongs investigated. Thus the
case stands before US now, as to the right OF
the Hon. J. W. Whitfield to a scat. The
Hon. A II. Reeder, the contestant, bases his
right to the seat ou an election held at a diff
tcrent timo---a right TO which our attention
has not, as yet, been directed, inasmuch as
we understand no process for witnesses in re-
lation to it is asked by either party.
The questions, then, to be considered are
/. The Importance and necessity of hav-
ing full investigation of the facts thus IN
dispute.
2. The effect Of the alleged fact that the
contestant, III his capacity OF Governor of
the Territory, issued certificates of election to
portion of the first Legislature
3. Whether the evidence to establish the
facts can be had, satisfactorily and efficiently,
in any other mode than that suggested by the
Committee
Upon the first point, we would urge the
well-known and admitted truth, that the case
in hand has excited throughout the length
and breadth Of the land, an intense and per-
vadng interest, far beyond that OF an ordi-
nary contested seat, and which cannot spring
from mere personal interest in the two gen.
tlomen who are parties to it. The actual
state of affairs in the Territory Of Kansas
for some time past, and which it now be.
comes necessary to know in deciding the pres
ent case, has undoubtedly arrested the aiten.
ton and excited the feelings Of the whole
people of the Union to an extent unplralel
ed, except in the case of hostlitics with {
foreign Power 1t furnishes the leading top
les of ersation-the subject of newspa
per controversies, of numbcrless PUBLIC meet
ings, harangues, lectures, aud associations
and the theme, Also Of special message tt
Congress, as well as Presidential proclama
ton, in which the employment OF the army
forces is contemplated as probable nocessi
ty. 1t is, however, still more alarming, tina
sovereign States in different sections OF tn
Union, have deemed it their duty to conside
the propriety of direct Interference. by me
and arms, with the current OF events there
The allegation made, whether true or moi
your Committee cannot now decide, in sui
stance is, that in this great Republic, in thi
age Of enlightened views, part Of the pee
pile Of a sovereign State, with the apparel
acquiescence Of that State, have levied force
which, duly organized, armed and equppe,
have been marched upon an infant terrtor
settlement, under the care and protection
the United States Government, and, by fore
Of military power and superior numbers al
resources, bearing down and silencing all o.
position, have seized upon the Governme
which Congress committed to the iphabitant
and reduced them to state of subugatiC
and vassalage, without the power Of nlakil
single law or electing II single officer f
themselves 1t cannot be considered ma
ter of surprise, that such charge rung Ill
a trumpet blast throughout the land, star.i
men to their feet in dislnay and indignatio
and arrestng the attention, not only of t
people, but OF sovereign States, Of Congre
and the President. The scene of this il
pending civil war is remote from the Alta
tic States, aud events are heard of only aft
they have fully transpred. We must expc
that different statements and versions of the
most important events will he made aud C
culated, and that fac: aud falsehood will
mingled; and more especially so, as the vag
and uncertain means of information affo
on the one hand, every opportunity for den
ing the truth together, or, on the other ha
of coloring and exaggerating it. We m
also expect that, true to the inirmites OF
mainly, men and legislators will, to some
tent adopt those statements which conform
their wishes, and commend or exeulpate til
friends.
And thus it is, that, upon a great and n
mentous question, involving the right
very existence Of selfgovernment, the
premacy of the laws, the lives and liberty
thousands Of our fellow-citlzeus, and
peace, perhaps the perpetuty, of the Tn
not only the people of the States, but
Legislators of the nation, are at variance
upon principles or inIerencos SO much as u
the simple facts necessary to understand
case. We may safely declare that Their
no undisputed history. 1t would, inde