True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-04-02

mockery 10 say that such usurpers are the
sole and exclusive judges of their own quail
ifications and thar in determining which
they act as court, and their judgment is
FINAL.
Such rule applies only to the Legisla-
tive Assembly of an Independent State
The Territory of Kansas is not an indepen-
dent State, nor is the Legislative Assem-
bly, of Kansas the sole Legislative power
of that Territory. The organic act vests,
as have before said, the legislative power
in the Governor and SUCH Legislative As
sembly as shall be elected by the people of
the Territory, at an election held at the
time and place, and superintended by per-
sons appointed by the Governor, and not in
an assembly elected by the votes of nom
residents and sUPERINTENDED by mob
And we have seen further, that the legisla-
tive power of the Territory is expressly
restricted to such rightful subjects of leg
islation as are consistent with the Consti-
tuition Of the United States and the organ
ic act. What tribunal is to Judge Of the
CONSISTENCY of this territorial legislation
with the Constitution and organic act ]
answer Congress-otherwise there would
be no remedy. Some of our territorial act s
contain the express assertion Of this pow
er of Congress to restrain territorial legis-
lation by declaring that Congress may neg
ative territorial enactments.
This power was not Uested in Con,
gress by any bill for the organization of a
Territory, but is a power conferred by the
Constitution, and not transferable by any
act of Congress to any territory. If,
therefore. statute of Utah may be avoid.
ed by refusal of this House to approve
it, as is expressly declared by our terri
torial law for the organization of that Ter
ritory, in like manner may a statute Of
Kansas be avoided. Why was this pow
er ever claimed Or asserted by Congress
Manifestly 10 prevent unconstitutional
and illegal territorial enactments If
Congress may righllully exert this re-
sraining power to prevent illegal IegislA-
ton by Territorial Legislature, duly
chosen, why may not Congress exert the
same power 10 restrain illegal Legislation
by an assembly of usurpers, the very
election of which was in direct violation
of the hesuprcme law of The land! 1t is un-
questionabIy sovereign right of the peo-
pie of the United States TO extend their
own law over their own Territories, and
maintain it there inyiolate against inva-
sion or in(raclion.
1t may be said here that the validity of
the election of the 30lh of March last for
members of the Legislative Assembly of
Kansas, does not involve the enactment
of territorial statute for the approval or
disapproval of Congress. Granted but
| submit that an election by non-residents
of that territory of Legislative. Assem-.
bly,, and the usurpalion by such Assem-
bly,, 50 chosen, of the territorial powers
of legislation, is an in(raciion Of the or
ganlc law as gross as could be any legis.
laliOn which legitimate Legislative AS
sembIy of that Territory could enact. Ii
is clear, therefore, that the inherent pow
er in Congress to restrain illegal legis'a'
ton in The Territories may be eXerled 10
restrain The exercise of any legislative
powers, or the enactment of any terrltorl.
al statutes, by an illegal Assembly, cho,
sen by nonresident invaders, and which
has assumed wrongIui!y TO be the Legs
laliye Assembly oflhal Territory.
BUTT is further objected that the names
of the invaders and the number of illegal
voters are not given. In the nature oI
things, that would be impossible, and tina
which is impossible is not required. The
nemorialist might well know that these
invaders came and conquered Kansas, bu
be wholly unable 10 give either theil
names or their numbers. | have no rea
son to doubt, nor do believe it is doubt
ed by any one, that the Territory of Kan
sas was, ion the 3OIh of March last, inva
ded by non-residenls, and that its election
then held, was controlled by the armet
Intervention of these invaders. That
sir, is a fact of history. If this be So
care not ifit be never ascerlained definite
" what were the names of these invader
or how many Of them voted-if it be es
tablished by proof that this election @
March last was unlawGully controlled ant
superintended by them, by violence an
in open disregard of the organic acI' the
we owe tito ourselves, and to the supre
macy of our laws, to declare that eleclio
void and of no effect; to let it go out t
these invaders and disturbers of the pub
lie peace that our laws are supreme, an
that they who take the sword against the'
shall perish with the sword.
But it is further urged here by the m