Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1856-03-29
Speech of Hon. John Letchcr.
Of VTPG1NIA

Elections in the Contested Election case from IL
Territory ofkansas
Mr.. Letchsr said:
MFR. SPEAKER | do not propose to OF
cupy much time; but, as have a fixed an
settled opinion in regard to this matter,
desire to state frankly the reason, upo
which ! mean to rest my vote. The frs
question to be looked at here, and to b
inquired into, is the fact, whether Ksnsa
Territory 10 entitled 10 a Delegate upol
tins floor,
Now, sir, put IT to the chairman 9th
Committee Of Elections to say whethe
that Territory is entitled to Delegate II
this House? AS tho gentleman is silent,
take it for granted that he admits the fact
II so entitled, why SO entitled? Is il no
BY virtue of the act of Congress orgahi-
zing the Territories of Kansas and Nebras
ka By which she can undertake to come
bere and claim the right for a Delegate te
. seat amongst usa There is no other
ground by which she can claim it, except
the action of the two Houses of Congress
approved by the President of the United
States; thus giving TO that action the sane
ton and .oIrmuity of law. Then, sir, if
she is entitled to Delegate, sac is emit.
tied to it under the law of the laad. That
Jaw is clear, express, aud unequivical in
It's terms. and il makes provision for the
election Of Delegate to Congress only
until such time as a Territorial Legisla-
turs shall convene, and pass general cl.
ectioa law, prescribing the terms and con-
ditions upon which future elections for a
Delegate to Congress, and for members to
the Territorial Legislature, shall be con-
Quoted and decided. Now, sir, under
this original law-this law Of Congress
organizing the Territory, an election uas
held in Kansas, ana General Whitfield
came here as Delegate, took his seat in
the las. Congress, and served out the re-
mander of thu. Congress upon this door
TO by any enc.
And tins brings me TO the proposition
laid down by the gentleman from New
Yoik Mr.. Wakeman yesterday, TO which
+! desire 10 call the particular attention of
the House for moment. The gentleman
called attention 10 the decision in 18th
iIoaa ard 8 Supreme Court reports, in re-
gard TO HE controversy in Rhode Island,
growing out of the election OF Governor
Dorr. From The case of Luther Us. Bor-
den and others therein reported, he read
amongst ether passages, the following from
Chiei Justice ianey's opinions:
"And wien the Senators and Representatives of
State are ADMITTED into the councils Of the Union
the authority OF the Government under which they
are pointed, wen as its republican character,
is recognized by the reper eonsitationd! authority;
and its decision is binding on every department OF
the Government, and could not be questioned in a
judicial tribunal"
This law, applicable to States, is also
applicable to Territories, and rely upon
il for the purpose OF showing that the ac-
lion of this House in receiving General
Whitfield into the last Congress, reeogni-
sed the obligation and binding force of the
act organizing the Territory of Kansas, and
the government thereby established -
Having recognized him, without objection
even by the chairman of this Committee
Of elections, Mr.. Washburn;l who W as
then upon the floor as member of the
last or Thihy-Third Congress, and entitled
to raise the objection that General Whit
field was improperly, Ieturned. and hav-
ing rais-dn no objection then, he is now
concluded from going behind the election,
or interpreting an objection to the law
under which he was returned. 1t
was valid. in his opinion, i'll the last or
Thirty Third Congress; and submit that
he cannot now question its blading force
in the present Congress.
MIR. Waksnan, (interrupting) was
not present when the Delegate from the
Territory Of Kansas was sworn in. bu:
am informed that the gentleman from
Pennsylvania. Mr.. Grow, at the time
General Whitfield approached your desk
to have the oath administered to him, said
he should raise the question Of the right
of the gentleman from Kansas to be sworn
N as member OF this body, and to en- ter
uEon his duties as such; that he would
waive The question then, but that, il he
wasAworp in, it should be without pre- ji'
dice to the right to raise the question there
after.
Mr.. Letcher. The gentleman has star
ted off upon the wrong track. ! am not
talking about the last election of General
Whitfield asa Delegate; | am talking
about the first election OF Whitfield, When
he first came here, and when, without OBJ
lection from any one, he served cut the
balance Of the last or Tkir ty-Third Con-
gress; to the election which took plac,
under the act organizing the Territories o
Kansas and Nebraska. The President
therefore, under the decision which has
been referred 10, was right in recognizing
tho territorial government now existing il
Kansas. He could recognize no other
government there.
And wish TO call the attention of tht
House to aGother matter in that connec
ton. Where was the Governor when thu
first election was held in Kansas Territory
A F., ear or more ago, which tent Whitfield
to this Housr? This Identical man, An
drew II. Rerder, was .hen acting as Gov
emo, of Kansas. This same Governor
Andrew n. Rerder, gaze the commission
to John ~ WhiJieid uuder which hs
claimed, was sworn in, and held his seal
here in The first instance. without a wore
of objection, even from the chairman @
tn Committee Of Election. even from the
chairman of the Committee Of Election
who raises the question aoo. Now, sir
! e the election was improper--if 1t wa
yi,insd in any way, by Illegally Of an,
.ort--why did Reeder give to WLitisl,
the certificate under which he came here
and under winch ne took his sea. in tn.
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