The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-04-29

Ga the resolution reported By the Committee Of ELECTIONS
ia the e3nestedeseoa case from the Territory Of Kan
1859. - ~
Mr. BENNETT, Of Mississippi said
Mr. SPEAKER By the very kind indulgence Of majority
OF The members upon this floor have the opportunity
ake few remarks up0R the m0nsntous proposition
before The House net indebted 70 the courtesy Of
the gentleman from Maine Mr. WAsHBUEx for this oppor
tBaiiy.
Sir have idle pausgyries 10 OFFER either for General
HTrIELB or Gov Reedsr in reference any who
may be contestant before this House for dele
gate from the Territory Of Kansas may well feel alarm
Cd confess Mr. Speaker in approaching this subec
the magnitude Of the task have undertaken We
e 10 the ordinary questions Of law where decision travels
but SIR slowly and cautiously must be march when
we attempt 70 travel lie unbeaen path Of constitutional
construction In searching into the principles Of organic
law, IN examining and surveying the exact and rela
use position Of the bases which mantu the pillars 0f the
pollucl Sbrle il ust be approached with skill and
perienoe which should always he the companions Of
and discretion; and confess feel greatly deficient in
both know that have around materials than
sufficient for an impregnabe argument and from that
abundance skilled would Al make selec-
ton which disraes attention and confHses my choice
should to-day, If I attempted in my place as a
her upon this floor 10 send to the country insma
tory appeals to heightsn the excitement which already
lists in the minds of the community feel that was
worthy of occupying the hold There grave
and important legal questions to be determined They in
volve the incest and most important principles pertaining
10 system Of government They questions inEols
ing merely the right of Gov Reeder Of Gen WHIT
upon this hoor but they involve the great
principle, whether the people OF Kansas in obedience to
the organic law of that Territory shall determine for them
selves the election of delegate upon this floor whether
that power shall be exercised by the Congress Of the Uu
ted Statrwbethe the people of Kansas shall choose TO-
themselves shall Congress usurp that power in violation
of the dearest principle of all representative governments
in favor Of holding the eoordinas departments
of this government 10 strict and rigid accounts bility
and that neither shah be permitted with my consent TO
encroach upon the other in the exercise Of their respective
delegated powers
Kansas in fnchoate state has power, civ
II political except such is delegated The right does
not exist strictly to form constitution and government
for themselves without the permission Of Congress- and
Congress possessing nothing but trust powers IN the
else OF its delegated authority and snch Others be
assumed necessary carry into effect the delegated
powers only do in susordinaton 10 the reserved
rights Of the States.
This is not contest of sovereignty; it seems TO it is
ouly contest with the people of Kansas TO whether the
powers delegated have been complied with altogether
disregarded-
maintain that The people in the formation Of govern
nents vested with supreme sovereignty; and in the
formation q such goVernmsnt they need not look 70 the
existing Authorities for appreciation but the exercise OF this
suthory always be by The sovereign people not by
faction This power thus exercised by The sovereign peo
pie includes ths right to abolish vel to establish
and this right exists in the States under the tG5n not as
the right Of force but right Of sovereignty There be
exercise Of the rights of majores except in obedience
70 existing laws, and in violation Of law
II may also be assumed undeaAble fact that two
political independent soveregutes cannot exist in the
State Territory. The power To be exercised by
the Judiciary intervening power between the people
and the awrakag powers upon existing and susis;ng
law II told, in the application Of these principles
thai the people may be wronged answer is They must
appeal the ba0box the Executive for rtdress for
All wrong in bis Jurisdiction and If sufficient to give
relief then in obedience TO law their remedy Is 70 be found
in convention
II appears that in obedience to the organic Law Of Kan
sAs Der then governor ordered ELECTIONS be held ioF
members Of the territorial legislature that the
beid and upon the returns being made 70 Reedsr as
- 49, l. 49,
proved ami gave cerfihcNes al bat s-ven whom be
rcd which election for the recisd members S1s AgHia
ordered
The organic law provides that fbs place Of the mesug
Of the lsatare Of Kansas should temporarily be Fort
I-arenwo hut that the governor vested with power
assemble the legislature at such other places he might
deem proper The governor did hsm 81 PAwnes
City in his message and the legislature remained
there until they passed law locating the seat Of the egs
lafure Shawnee Mission
Thsse the questions bs determined We told,
however thAs these legal qaesOns and that not
70 determine them in the manner in which they would BE-
determined they were pending before legal tribunal The
whole argument addressed the House By gentlemen the
other side Of his SUBJECT question Of jurisdiction
whether the ndirisl tribunals Of the country the
political tribunals q the country shall entertain ursdo-
uOu a. But IL 49, not follow that becznse the pO-
Enoal power Of the country etsrtains jursdcon of the
gueStian "a governed by the rules 0 aw which
would u Ike care govern the Judicial power The Argu-
or gentlsDen that p0nt have fallen like paper
pellets The f0Ts that has been erected around the
question BY The logical and terse ArEunents Of the gene
from AlahA-ls Georgia and beaWhrc AessrA " ak
ER STEHENs and CuLLEs II i s4d sir that because
political tribunal for the purPose OF deter
mining the important legal question that has
been presented the C0nErrs Of the United States
should be governed by the rules Of MN usually
trolling such legal que,fionS II 10 be governed BY
the same rules az law ask gentlemen the other side
they according the facts stated by Roedsrn0t only
ia bis memorial bat before the o0muitieevote 20 give
him tElee8er) seal this aO0r delegate from the
Territory Of Kansas
Th-rs no principle better ssted than that settled in
the book from which the gentleman Mr. WAsHEuKS q
MAins read this mornng-thst the election Of party
who has ben elected hy the voluntary sasehge Of voters
without Law and without authorfy n null aud void and
Of no effect respects party daily sected according
lsu Then sir II Reeaer comes here with eism -
derived from his being chosen by ths volup
ry assemhlaTs Of the people wthouf law and without
authorty-without any enactment wbagFer of the egs
os gives RE. the necessity Of sending 70 Kansas for
persons and pap-rs7
The by which this party oaght 10 be stop
pod snd pr-cuded from setting up h claim tounded
upon the wisexf principles q justice and webei1g Of
society They essential 10 The protection of life lib
erry Eud property in tie country i the Orxaniza
tion of The government itself And that there shall
b. period which party travel behind the record
in drfrrmiung questions Of litigation bctwscn parties H
CANT ard cnne~tsp whehsr determined in adital Po
Egica Forums the constitution confers upon The Honse the
power decide The eiecon returns and quslifca
lions o. ts urnb-rs and sir WmTI1EB has been elected
IN conformity to lsw BY lrgA quAhed voters ~ but
one legal unsifod be having opponent At that
election e0ntesing hrs cAm be unqusstions
bly, according to the returns sd Of the governor
bis has been properly made 70 tins Hoass and II
qualified tnks hs seat esfoppcd from going
behind that and nsrfntina investigation
tola he ~euslpv,eu On he opposTte side az this