Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1856-03-19
Kan.as Contested Election.

kansas contested EiccttOA"
The Kansas contested election case has been
debated in the House of Representatives for some
two weeks past, and after considering the question
as impariially as possible we are satisfied that
Whitfield is entitled to the seat. indeed the
claim OF Reeder appears to Us the most oosurd pre-
tension ever seriously urged before delioerauVe
body. As our readers may not rememberthe tac's
of the case, we will briefly recapitulate them.
When this same Reeder was Governor OF Kan
sas. BY appointment of President Pierce, the Leg
islature of that Territory passed law for the cleo
ton of Delegate to Congress. Withheld was
elected without opposition His election was du-
y certified by the proper officer, and he proceeded
to Washington totake his seat. In the mean time,
however, the Free-S,ate party in Kansas, de-
claring that the election had been carried by fraud
and viOence-that they mad been kept away from
the polls by the Missouri "Border Ruffians," and
that the Legislature itself in pursuance of whose
act the election was held, was an illegal body
undertook to have another election. At this cleo
ton, held without the pretence OF legal authority,
Reeder who by that time had been removed from
the office of Governor, was elected. And now the
House of Representatives is gravely called upon
to decide whether Whitfield or Reeder is entitled
to the seat 1t would be a plain question easily
decided if sectional luminosity We're not aroused in
regard to it, A first principle, universally recog
missed, is, that the claimant of anything in posses
cio of tbar shnu hot hn haS
rior right, and not rely upon the weakness of his
adversary's title In this case Whitfield, having
all the forms of law upon his side and the cetlf
cate of election in his pocket is virtually in pos
session; yet Reeder. showing no better right to it
himself, seeks to dispossess him. Conscious of
the untenable ground occupied by them, the Reeder
men endeavor to shift the issue. They urge that
the election Of Whitfield is null and void for the
reason chiefly that the Legislature which passed
the election law was mere mob. not authorized
to act in the case To this it is satisfactorily an
swered that Reeder, when Governor, recognised
the Legislature as legally constituted, commission
ING the members and communicating with them
by Message. But. furthermore 1T is cOntended BY
the Whitfield men that the House of Representa-
tives cannot properly go into such an Investigation,
its duty being, as they say, merely to decide be
tween the rival claims of the contestants. We do
not feel entirely satisfied that this view Of the
matter is correct. The House is not sitting as a
Court, bound to adudge in favor Of the party hav-
ing the greatest weight of testimony; but it is
fn
that neither claimant was lawfully elected and to
refer the matter back to the people OF Kansas. In
no event, however, could Reeder be admitted to
the seat without the grossest violation of all law
and principle The majority of the Committee on
Elections have reported in favor of sending for
persons and papers, proposing to 60 into an inves
tigaton of the circumstances of Whit6eld's cleo
ton the minority oppose this course, but recon-
take testimony, if an investigation be determined
upon.
View the matter as we may, and however Con-
gress may decide the election case, the continued
agitation at the North in regard to Kansas is ut
terly gratuitous and unjust6able. True the Kan
sas Legislature cid pass some absurd and improper
laws. and the people of Missouri may have inter
fered too much in the affairs Of the Territory
But the Legislature and the people OF Missouri
had great provocaion in the proceedings of North
ern Emigration Societies. By this time it must
be apparent to the Northern people that Kansas is
bound to be free Stale eventually, by the simple
operation of natural causes and their perseverance
in agitation evinces that they are actuated by
pure love of mischief.
While Congress is discussing these questions.
we find two Territorial Governments in operation
in Kansas. Besides Governor Shannon, commits
stoned by the President, there is "GoVernor
Robnson.'' elected by the Free State party of the
Territory, who assumes executive authority, and
addresses Messages to Free Legislature which
.otates from Topeka to Lawrence. At late date
Governor Shannon had gone to Lawrence to look
.fter this sham Legislature, and collision was
lpprehended.