The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-26

held In this country or any other al which there has not
been illegal voting? But all questions Of that sort In the
Kansas legislature which not waived, were Inquired
into and settled by another and the proper tribunal THIS
House has jurisdiction over them n thsy nave lhsy
may take like jurisdiction similar questions IN the
States In the exercise of the power under the eonst
ton 10 Judge Of the qualifications elections and returns OF
the members of this House no one would claim we mag
inc that the House has power to 60 step urhe ana IN
0ure into the qualifications elections and returns or the
members of the State legislatures that passed the laws
under which members may have been elected to this body
That matter to be determined by the proper and e
gal authorities OF The States respectively and when 80 de
termned all other branches OF complicated system OF
necessarily be bound by the determina
ton SO made This principle adjudieated and settled
by the Supreme Court of the United States in the
OF Luther Borden and Others, growing out OF the
Dorr rebellion, ia Rhode Island in 1912, When Governor
Reeder therefore recognised the legislature Of Kansas
legally and properyeonstituted law-making body, all
other departments Of the government were necessarily
bound by il. lie, governor, was bound by It. The
President Of the United States was bound by It, The
courts OF the Territory were bound by it, The Supreme
Court of the United States was bound by 1t; and this
House. in the question before IT, should also be bound
by it. With disregard of this principle there can be no
law order in the land All security to society and sta
bility Of government rest upon it, This principle lies at
the foundation Of all legitimate political power as recog
missed in this country. The law therefore, under which
the sitting delegate elected must be considered in the
opinion OF the undersigned valid, until changed, mod
fed or repealed by some competent law-naking power
Aud is the duty of all good citizens so to regard 1T to
recognise it, and abide by it, until it is so modified or re-
paaed The sitting delegate having been thus elected in
pursuance of law without opposition and having his com
mission certified upder the seal of the only recognised e
gally-constiuted authorities of the Territory is in the
Judgment of the undersigned entitled to his seat on this
loor SUCH
The second resolution of the committee proposing to
vote seat on this floor to the contestant as delegate
from Kansas the undersigned look upon as nothing
short of open outrage upon both law and right and II
it be sanctioned by the House. act without parallel in
the annals of parliamentary history.
If the sitting delegate be pod out because he was not
elected under valid law upon what grounds can the con-
elected under any law at all So far from having been
elected in of any law he stands confessedy be-
fore the House other attitude than that of the selected
champion of party arrayed in armed resistance the
only legal authorities in the Territory He has not the
sembance of preence of any law to found his claim to
upon.
But the undersigned do not intend to argue the
Their object before stated is only to present the points
to the House for its consideration, Judgment and determi-
nation. ALEX. II. STEPHENS,
JOHN II. SAVAGE
w. r. SMITH