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

Missed BY their sovereign The seals also Of foreign
the like manner Public statutes also, need proof being
supposed to exist IN the memories Of all but Tor
OF recollection reference had either TO copy from the
legislative ros Me book pyaied BY patie authority
Acts Of State may be proved by production OF the
printed document, from authorized by government
other and orders of the Executive
OF the like character be proved by production o. tne
~ Sp nbe doeS@eps tr"ntted %
Congress by the President OF the United States and printed
by the printer to Congress- are evidence OF those ao0u
ments."
Greenleaf on Evidence volume page COS section 4so
Next as to legislative which consist of statutes
resolutions and orders passed by the legislative body ~
regard private statutes resolutions, &c the only MODE
OF proof known the law is either by means o.
copy, proved oath TO have been examined BY the ron
ITSELF BY enemPhsaton under the great seal pss
of the laws and resolves OF the legislature published by m
authority competent evidence either by statute or u
dcial decision and sufficient primo Jace that hs cooh
purpos 10 have so printed 1t is the nvarable course
the legislatures Of the several States well Of the
United States have the laws and resolutions OF each SEES
printed by authority. Confidential selected
compare the copies with the original rolls and superin
furnish the people with authentic copies and from their
nature printed copies Of thus kind either Of public or
laws much to be depended the exempihca
ton, verified by officer who is keeper OF the record
Page 600, section 4sa
regard to the journals of either branch Of the eg
lature former remark may be here repeated equally APP
that they constitute an exception to the rae wsh
requires the production OF the best evidence and may De
examined
cause Of their nature as original public documents, which
removable at the call Of individuals and because be-
n srn the m
these being public records they would BE- as such
BY the court upon being produced without collateral ev
dencc OF their identity Commences and Is general
rule that whenever the thing be proved would require
collateral proof it, production i is proyable BY
copy. These uy also Be proved by me copies printed
BY the government priater, ~ authority Of Me Ho"se
Greeuleaf on Evidence volume page 6l9 commencing
third line from top.
Upon strict principles of evidence therefore, the laws
and public documents Of one State can be proved
courts of another only foreign laws And accordingly
in of the States such proof has been required But
the of other States and the Supreme Court Of the
United States being of opinion that the connexon inter
and constitutional ties which bind together these
several States require relaxation of the srietness of
this rule accordingly held that printed volume,
porting the face of to contain the laws OF sister State
is admissible prma face evidence to prove the statute
laws of that State"
Same volume, page $40, section 400:
The reciprocal relations between national government
and the States composing the United States not
foreign but domestic Hence the courts Of the United States
States whenever they called upon consider and apply
them. Ayd IN like the court, Of The several States take
ehiea relate eereto the District Of Columbia, ~iom any
formal proof"
Here then upon the highest authority shat the
book Of and the journal would be received in any
pnrpor to behe acts and the journal of the territorial
legislature OF Kansas.
NOT Is .his all we iemeper 'hs s.ieota ne, nuou S
~ "a IL IN sbyort tho ola Government If
IN, ca. The dancer of civil war bocane 40 Imminent
p - LII s,t bo roc,an,at;on of Tho President ot the
as W .hi ~ ioitti wy = , ~ w 80 - -
Dniteu ota'esi ~ "hSn he n'oeu ,is ~ pso "
FEDERAL power 10 prevent II olt Oh tns case CON
oyersy arose which hnay reached the supreme court Of
the United States give the following extracts as bear
ing directly upon the under consideration TIE
extracts upon the proposition to declare all done
by the old null and void from the time the
government proclaimed, &c.
c,uin If Tho Guprp Epurt pf The VIu
t,,.s , ~ -. -. pna - a 4 N'
NourtiS' VOL ~ Lu'ne' % Do'uen' Paseo5
For ths court authorized to enter this inquiry
charter had legal existence during the period
above mentioned IN had been anpued by the adop
opposing then the laws passed by its
legislature during utilities its wrong
fully collected It's salaries and compensation its officers
Illegally paid its public accounts improperly settled and
and sentences its courts in civil and Grim
ina null and void and the officers who carried their
decisions into operation answerabe as epasser not in
some cases as criminals.
When the decision Of this court might lead to such re-
suits becomes duty examine very carefully its
powers before IL undertakes exercise srisdction."
O. ;,L a.; H..
s 90 WIN nm mus ~ iSu ". -. "a.
same pooS anu CAST page ~
And when the senators and representatives Of State
admitted into the councils OF the Union the authority Of the
government under which they are appointed well ts
republican character recognised BY the proper conttu
tona authority and Its decision Is binding every other
of the government and could not be questioned
in a judicial tribunal"
This nrncnIe annIies IN Kansas its Legislature being
recognised 10y the proper constitutional authority
Same book and case page Ill
"Tbey might H they had deemed Il advisable TO do
so placed IL in the power OF decide when the
had happened which required the federal gov
eminent interfere But Congress thought otherwise and
doubt wisely and by the Of February 2 1885,
vded that lin Of insurrecton In State against