The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-05

h Kansas nm objection is stated which Is worthy OF Can
aid examination The whole article Is as follows
aTnn PHEsrpxsr's SPECIAL aEsaAeK-rhe detail IN
facts by the President In his special message regarding
sas AFFAIRS published BY yesterday, win be acknowledged
~ al candid and fair minded be sngaisrly faithful
Ills structures upon the conduct OF Governor keeder from
time Of that genenans appointment aau ms removal 1
strictly lust The cause Of the subsequent annoying and
tracing difficulties the Territory may be traced first
the DELAY and NAL Of keeder and secondly
10 the early coonng nterposition OF northern aboona
though the President remarks these things are far
jasfing the illegal and reprehensibs counter uoyemsu
which ensued.'
1--WE have this objection to the Presidents view. We'd
not think nor have we ever thought the recognition Of ia
legality Of the Of Kansas by Reeder made legal
had he been man Of sconce-had he been honest a
and man OF pluckhsd he not been the nercenary and cor
rupt public officer he out to have
his acts been by pecuniary motifoshc never
have GRANTED certificates Of election 10 the who
torwads exercised the functions Of legislators That then
election was fraudthat the bon" ride settlers Of ks
we're oyerborne and outyoed by lawless bands OF resi-
dent in neghboring plain and palpabe Tia
the sun shines or that the falls. FAcr; and
Governor Reeder could take action that would destroy
FACT We do not now speak OF the policy OF submission
the people Of Kansas the laws OF this pseudo Legislature
until they could redress their grievances at the polls Posi-
by submission the wsest courses but this has nothing
Ia do with the naked question Of legality OF the Legislature
II vas per sc an Illegal bodyss much so as would
legislature Of New Hampshire elected by invaders from Mas
4
10 lecaze it, He could not, by any possibility, egalze It
ut We need not argue this question. Our views
often been stated and President Pierces reasoning leaves
then unchanged What the remedy should Lave been after
Reeder the fraudulent legislature, need
Indicate The great misfortune was the Original
1 appointnlent Of so unfit man as he.
.The Presidents recommendation seems to the only
mode of escape the That
mendaton is the passage by Congress authorizing
the people of Kansas when their numbers shall be sufficient
IL Gtna ant
The objection Of the Free Press to the message involves
the question whether competent for the President
review and reverse the decisions made by Governor Reed
in giving certificates Of election to the several persons who
the late Kansas legislature i may be true land
we will not question t that the elections controlled
by force and fraud but do not understand that it is
necessary legal consequence that Governor Reeder could
do nothing which would preclude the President from re-
versing his action On the contrary II the fraud twas as
plain and as papable that the shines or that the
snow falls our understanding of the law il, that when
Governor Reeder in his official capacity as the judge Of
the returns of the elections decided that the persons
turned were duly and lawfully elected his judgment
final and could not be reversed by the President Its
true as assumed by the Free Press that Gov Reeder could
not aiestros the fact of the fraud but it is equally
that if the organic law Of the Territory constituted him the
tribunal without peal from his decision to ascertain and
determine the fact of fraud his Judgment In the case
whether right wrong wsssfnal These positions rest
ON legal principles universally conceded that we are sure
hsy will not be controverted by our able contemporary
Upon turning to the law organizing the Territory Of
Kansas we find that in regard to the first eection Of me
bers of the legislature the governor required to issue
wrs for election and upon the returns Of the votes to de-
eide who were legally elected and TO certify his udgmn;
to the persons decided be the legislators We find fur
her that no provision is made in the organic law b
any appeal from the decision Of the governor and
hence that his Judgment WAS made final and
elusive 1t follows that all the power possessed by tho
legislative and executive departments of the
was by virtue this law vested in the Of the
Territory and authority reserved either to Con-
gres or the President to revise its execution by the terri
toria governor The same provides tina, the Pres
dent shall designate the person governor but
AFTER bis confirmation by the Senate he Is beyond the con-
troll Of the President regard the matter under
discussion In obedience this law President Pierce de-
signated Gov Reeder as the person the duties
specified in the The duties performed, and in
the exercise of the power vested in him. Gov Reder adj
Judged that the returns showed that certain persons
duly aud legally elected members of the legislature and
such he gave Them ms olcinl cuiumisson This was
Judgment of com etent tribunal one having e1clu.
sive jurisdiction and without appeal from It's dccis
ion The judgment necessarily involved the fact Of fraud
aud it determined against the existence Of tibet fact
Bat il is said land no doubt truly that the de-
cson erroneous because the elections affected
with fraud aud the President is called upon review and
reverse the adjudication. He answers as follows.
Those decisions OF the returning officers and Of e gov
final, except that by the parliamentary usage Of
the country applied to the organic law IL may be conceded
that each house the assembly boon competent
determine In the last the qualifications and the s
ton members. The subject BY Ito nature, ~
pertaining exclusively the Jurisdiction Of the local au,bor
ties Of the Territory Whatever irregularities have
Cured in the elections II late to rase that
question as which neither any previous time
has possible legal authority been possessed by the
President OF the United States For all present purposes the
legislative body thus constituted and elected the egi
mate assembly Of the Territory"
We submit to our esteemed contemporary Of the Free
Press that this Of the President is conclusive
less there il provision Of the constitution laws
which conrs upon him powers Of which he is wholly
informed II win be readily admitted that Il the validity
Of the passed ny the KANSAS legislature question
cd before court upon the ground thai the members Of The
legislature elected by fraud the judge would without
hesitation decide that the question adudeata and
would say with the President For all present purposes
he legislative body thus constituted and elected the
legislative assembly Of the Territory Why Is the Presi-
dent less bound by Judgment Of the territorial governor
law, he fret erpound II and in doing he must be