The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-07

substantially contend tina the Kansas Lee
gislature enacting the hw under which
Whitfield was elected the Territorial dele
gate to Congress, was bog Legislature, put
into power by an armed force of Missouri
"border rufians," and that Whitfelds cleo
ton was also secured by q similar invasion of
lawless outsiders. Hence the declared neces-
sity for an examination of persons and papers.
Mr.. Stephens, on the other hand, contends that
the election of Reeder was an extra election,
without uthority of law; that Reeder, as Go
vernon 81 the Territory, in various acts re-
cognized he legality of the Legislature he
nov declares to be spurious; and that to pro-
coed to the exa nation of persons and papers
in reference to the validity of the said Legis-
lature, would be making the House not only
the Judge of the qualifications and returns Of
It's own members, but also OF the members of
he Territorial Legislature and the State lie.
gislatures, which would be assuming power
not properly pertaining to the functions of the
House, &c.
Now, it strikes US that neither Whitfield nor
Reeder, under rigid application of the law,
- entitled to seat in Congress as the legit-
mately elected delegate from Kansas. There
was certainly no law for the election under
which Reeder claims the place; and that the
lew was violated by both parties in the election
Of Whitfield, there can be no doubt In this
view, the only satisfactory plan for settling this
dispute is to send both Whitfield and Reeder
back to Kansas tor new trial, and to provide
for the election Of q delegate according to the
acquisitions of the fundamental Territorial
law.
To this end, hereafter, the Committee oa
Territories have reported bill providing:-
Sec. 4. A fine of not less than twenty nor
more than one hundred dollars, ana an i'm
prisoDment OF not less than two months nor
more than six months, against any pers IN in
The Territory unlawfully voting at any elee-
ton therein; and fine of not less than one
hundred dollars and not exceeding five hun.
dred dollars, and an Imprisonment Of not less
than three months nor more than one year,
against any person or persons who shall come
into any election district in the Territory in
armed and organized bodies, for the purpose OF
controlling such election.
Sec 5. Provides punishment of not less
than six months nor more than two years, and
the fines OF section 4, against each of such
armed and organized individuals for voting ia
any Territorial election.
Sec. 6. Furnishes any election judge wilfully
connivipg at violation of the foregoing pro-
visions with fine Of not less than fifty doll ATS
nor mere than three hundred dollars, and an
Imprisonment Of not less thar six months nor
more than one year.
The prosecutions under this act to be in the
Criminal Territorial Courts having jnrisdic-
ton Of felonies or misdemeanors, &c., d..
We p 'esume that the bona tide squatters of
the Territory, pro slavery and no slavery, will
have no objection to law Of this kind; and if
the Niger WoRsHpPERs of Congress believe
that it will operate to their advantage they
can well afford to compromise the matter by
sending both Whitfield and Reeder back to the
"squatter sovereigns' for new trial. We
suspect, however, that the Reeder party Of
Congress, in asking for this power to send for
persons and papers, are in for small specula-
ton, and that the "spoils' are more their OBJ
Ject than the vindicaton of the laws We
shall see.