The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-04-02

ANNceaAhJ W hLS P0HSA c1a~4 - 80
resolution of the committee. The 6rst charge
is based upon the ground that the law au-
thorizing the election Of a delegate 70 Con-
gress is void.
II is asserted that the law is void for two
reasons: frst, that it enAensted from leg
islature not elected by the people of the
Territory, but by non-residents; second,
that twas passed at q place unauthorized
by Law, and Tiolstive of the provisions Of
the organic act. - sla -
] When We examine this branch Of the sub
sect, it nanifestly appears lhat evidence is
jought 20 establish the fact that the mem.
bers Of the Legislature Of Kansas were a-
legally elected. nt
The position I assume m reference TO
that subject is. that the validity of the cleo.
tion is closed question--one wbici this
House cannot inquire into. Another and
very different tribunal, having ful! and ex-
elusive jurisdiction to determine the ques-
ton, have done 80, and from it there is no
appeal. We have power under the Consti.
tuition, ''to Judge OF the elections, returns
and Qualifications Of our own members" !"
but there our powers cease; and five are
the judges Of the validity of the election
of members of a territorial legislature, !
know Of no power which would restrain US
from inquiring into the legality OF the cleo
tion of members Of State legislature.
TO illustrate and enforce this view; sup.
pose that the seat of member from one OF
the States was contested upon the ground
that The districts had been altered by the
legislature, portion of the membe.s Of
which had not been legally elected, and
the law altering the districts had passed by
exactly the same majority ofgotes that there
were members illegally elected, and under
the law as it stood, the contestant had a
majority of the votes polled--1 ask gentle
men if, upon that statement of facts, this
House would authorize the sending for per-
sons and papers to ascertain whether the
members of the legislature had been elected
by voters from another State3 The reply
of this House, no doubt, would be that. al,
though everything which you say may be
true, We are powerless to try the question;
we cannot 60 behind the action OF Il e iegls'
lature, having no power 10 judge whether
the members were legally elected. To them
alone this subject should have been refer
red.
Suppose, sir, that a defeated candidate
for the Senate should go before that body
and claim seat upon the ground that the
sitting member had been elected by a ma
iority of Eve votes by the Legislature CT his
State. and that he was prepared to show
that the election was void because six OF the
members had been chusen by votes inpor'
ted from another State, all CT whom had
thrown their support for the sitting mem
ber--I ask you ifthe Senate would enter,
tain for moment the idea of sending fof
persons and papers to investigate and
pass upon the legality Of the election q
members Of the State Legislature?
But, for the sake Of argument, let US ad
nit that the members of the legislature o
Kansas were not legally elected, and see
what effect that would have upon the issue
made in regard to the validity Of the laws
parsed by them undertake to maintain,
sir, that, notwithstanding this. their ACTS
would not be void but remain Of force
SO far as the public and third persons
are concerned: although it might subse
quently appear that the PERSONS who exer-
cised tile functions Of Legislators exercised
tbem illegally.
In support Of this proposition, / refer to
the case of Heath Us Pryn, decided in the
Kings Bench, England, during the reign oi
Charles II, some twenty years after the res
toration. The rectory of Westborne, Chi
chester, was IN dispute, and plaintiff s
counsel, in support Of his cause, desired to
plead that the act of l2 Charles II was void
because the Parliament bad not been sum
moned according to law-that is to say, in
obedience to the Kings writ. The judges
held that the act could not be questioned;
having been made by tho King, Lords and
Commons, they could not inquire into any
Of the defects prior to its passage, nor wo'd
they suffer the point to be stirred" The
supreme conrt of New York have decided
the same question. and in the same way
Their commissioners of highways, 1t seems,
before they can enter upon the discharge oI
their duties. are bound 10 take an oath and
lie certificate OF the saTae with the town
clerk. This they failed to do, and the CLERK
refused to record survey which they had
made or ordered. A dispute arose between
them; thequestion went before The supreme
court; and they held that the act ofan ofhcel
de facto who comes into office by color Of title
is valid and bindiRg as it concerns the public
and third parlies;and inpursuance OF tha
decision mandamus absolute was issued re
.quring the survey 10 be recorded in obedi
ence to tho order Of the order Of the com
missioDers. #2vS NJ" at ia#
Tlis question as BEEN similarly decided
by the courts. in regard 10 sheriffs and 9th
er officers, as well as to toards OF directors
in corporations both private and public, and
is considered well settled principle oil ths
law, both ia this country and in England.
Ihave attempted to show how this ques
ton would be decided by the courts. Now
let US see how far am supported by th,
established usages and customs of nations
Ycu are referred, sir, 10 the many acts D
the United States in recognising the severa
different de facto governments that have ex
listed in Mexico. We make treaties and dc
all other international business with ract
government as tAay happen 10 exist. Sncl
was the course pursued towards Texas wher
she declsred herself independent ot Mexico
The nations Of Europe and our own psopI'
acknowledged the existence Of her govern
ment and formed treaties. held conventions
intercourse with her by receiving and send
ing public ministers, never inquiring into th,
validity or legality Of the establishment o
her government, When the present existing
government in France was established. Wal
not the American minister the first of tn.
foreign diplomatists who stepped forward |,
yacoantaa and acknowledya iha pxistAstf,a a