New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-06


ents and the country al concur to demand the pro-
posed investigation and that in the most thorough
and effective mode that can be devised.
Tie objection TO this investigation on the ground
that the contestant s estopped from denying the le
gality Of the Territorial Legislature seems TO your
Committee 10 be entirely too narrow and untensble.
The doctrine Of es,Oppe ia pronounced by all judges
and lawyers 20 be an Odious one even in Courts OF
Justice bound down by strict rules OF law which they
cannot transgress and il never treated with favor Ia
this House, which is bound by no rule but its own
Of right and conscientious discretion il would be
most ngulsr at least, to select u the most OBJ
noxiOus dogmas Of the common lsw-one not binding
upon Us and which we can adopt reject at pleasure
one which the courts have desired ID get nd o-and
make it, unnecessarily aud gratuitoUsly the Of
shutting out the light from ourselves and our people
aT Of efecualy smOthering investigation OF facts
which have convused the country. But, agsin, if we
concede the doctrine Of estOppel which we are thus
asked to adopt, the next question 20 be met will be
whether this doctrine applies at all to public official
aets and whether person acting official capacity
can estop himself from the performance of any duty
which be may afterward owe TO the public, private
citizen, in another and different official capacity
Your Committee consider it perfectly clear that be
could not The doctrine OF estOppe is applicable only
70 matters Of private right; and all attempts to apply
ii TO public official acts and political questions can
effect nothing than the raising of issue Of per-
sOna consistency, with which this House has nothing
TO Co But 90 further still and say that even if all
the objections already stated abandoned and for
arguments sake the estOppel be held good against
Governor Reeder, the not in the least degree
affected by it, The people Of the Territory Of
not estopped and although this is admitted as We
understand it, yet ii is replied that Of them
contestants.
The contesting Delegate appears before the House
az the Representative Of the people Of Kansas-he
speaks for them and in their behalf he states that they
through him. deny the validity of the Legislature, or
that IL was even elected by them. All this he sets
forth in his memorial, and the House has recognized
bis right TO do so, by receiving that memorial without
objection and referring it TO your Committee. 1t is
too late to deny his right TO speak for the people
of Kansas. He comes before the House as the mouth
piece and agent Of that people protesting to bave the
right to speak for them and in that capacity the House
has granted him hearing. There is 10 more familiar
principle than that when petition is entertained the
capacity in which the petitioner claims to appear IS
admitted If the House would deny the contestants
right speak for the citizens of Kansas, they should
have rejected bis memorial il the shape it offered
Not having done so, TO adopt the argument of the
Directors they ore themselves estOpped.
But this lie not all. This House needs no parties in
Court names on the record TO guard its own rights
and privileges nor any extrnsc action to quicken II
in the exercise Of the exclusive power to Judge Of the
elections returns and qualification" Of those who
claim seats on this floor, and they may institute and
often have instituted, Investigations of the right of
members to seats without any contestants at all Ii Is
not only their right but their duty to that none
shall occupy seat this floor whose title is mper
feet; and to investigate of their own motion, When
ever there is reasonable doubt cast upon the case.
the Journal prove the existence Of legal Legislature.
This your Committee suppose, will scarcely be pressed
They cannot understand how the issuing OF journal
and Book Of Acts is referrabe to a legally elected
any mOie than an illegally elected Legislature; nor
how the existence and production of those books can
throw any, the least light upon the subject when both
parties admit there body of men protesting to
be gisature, differing only in that most material
question, as to it's legal title to the Office.
The remaining question to be examined is, whether
the evidence can be had satisfactorily and efficiently
in any other mode than that suggested by the Com
mite; and your Committee would here report the fol-
lowing extract from the paper submitted by the con-
testant
undersigned that the which he desire. age
oy that hde frequent efforts procure certified cop
les from BY calling upon and endins to the Secretary
Sdpes desired b. the undesned promised 70 make out the
others but delayed doing until the undersigned hsd s The
messengers AID last positively refused 20 iarnh
sne act required the Secretary forward the President Of
the United States semsnusy full copies of said minutes.
Secretary had refused In this
has been disappointed as be has ha the sn re
turns the s of July 1852 aud the lsl OF January 1907
been withheld in direct violation o. the act OF Congress
The undermined states that he did in the mouth OF
ls, epdesyor 20 supersede necessity of bringing
WITNESSES before the Committee by an auensement Which ne
Wed "oe of VARIOUS times and places 10 be served
on R opponent in this proceeding One of these places in
place and also lawyer The taking of them for
Why they were not 5 Sssn o at Hs 'fo the the
T,roty thew were taken places; but there being
rerson within fifty miles administer en- oath and not evena
Justice Of the under the disputed laws they were sworn
before priv individuals In other places e were no.
because it considered mpractcabe The oay judicial
r in IN. Territory whose power administer oaths is
disputed the CheJusce and could not be expected thai
be would the neglect of his otcA duties ana without tne
st 10 receive any compensation spend three or four weeks
trp of several hundred miles amid the discomfos OF tho
Territory merely for the purpose OF administering oahs
two of AssociateJu'ces IN dispute between four
gentlemen, all claiming that they hold from the
appointed the oct of Congro gone out OF ONCE
sxi ration Of their commissions Those who are to succeed
them by the Territorial laws are to De appointed Sy 'ne
Board. County Commissioners, and their appointments as
" ene of The Territory refuse 10 acknowledge binding
and would voluntarily recognize the authority OF such
ssii,y s bndns force OF laws of the position
assumed BY myself and the people Of the Territory IN this
cers 10 our aid assang auhoy and upon this point
would from the answer OF my opponent both parties
agree. ,,,.,.. .,.,,d ,h., the said couptv Bo.rds
either sy of the peace or for
other satisfactory to Themselves have exercised tnet
rover in very rare eases aud although the undersigned Is
Wiling 10 admit that there may be Justices who unknown
him. and although the Executive minutes me only certain
information have been oose against him. yet he has
come knowledge Of the Territory and Is aware OF only three
justices in it, a.. o-,u.. ~ a..
attempt 10 dispositions drawn from the fact that the settle
ments of the country were not more than Shee or
hut ago of facilities for bringing and keeping witnesses together
snd tr,nsscng business at the different points where depo
tons should be taken But upon these reasons u Is unneees
The undersigned did not ask for commission TO take esti
mony in the Territory or number OF reasons would DO
liable objections stated heretofore in regard 70 deos
tons except absence of officer 20 administer the oath
The difficulties be encountered BY the commissioner 10 the
accommodations and travelling faculties woHo
great and serious delay There would be difficulty IN
ieeyg together and accommodating number of wnesse, 1t
the requisite number OF places especially in the inter- and
above all the Of society such that the depossons ooud
not in all probability be taken satisfactorily Tbs public en'
puncsto OF and place for taking them would attract at
teuon excitement Others than the witnesses
would gather aud strong Interest would be et and manifest
ed IN the result. .
The will Of has been already almost entirely subi'
tufed for the administration Of justice and have shown
there be disposition the part Of those who hsye
seized upor the legislative power 20 put IN motion any system
Of law In the Of Justice TTepases assaults
Of