The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-06

Y
1876, on the Kansas election.
Mr. HICKMAN, of Pennsylvania, having reported a
resolution from the Committee Of Elections 10 empower
said committee 10 the Kansas contesedelecton case to
hlr PHELPS said desire TO say a few words upon
this subject II The resolution is in order.
The SPEAKER. The Chair Is of opnion that the reso
luton is ia order.
Mr. PHELPS i'll understand the resolution offered by
the gentleman from Pennsy sylvania MIR. H,oKNGs1 1t de-
sires have the House authorize the Committee of Flee
tons TO send for persons and papers for the purpose
of investigating the legality of the Kansas ees-
ton. II seems u me the committee seeking 10
obtain power from this House which think ought
not 10 be exercised upon ths occasion The contestants,
Mr. Reeder who has presented his memorial claiming
scat upon the hoor OF this House the delegate from the
Territory OF Kansas alleges in his memorial that he does
not claim 10 be elected by virtue of the enacted by
the legislature Of the Territory he seeks represent This
position, In disregard of the laws lie deliberately informs
US he has assumed BY virtue of the act organizing the
Territories OF Kansas and Nebraska the frat election of
delegate to be held under the order which might he
Issued by the governor prescribing the time place. and
manner OF holding such election. So much OF that
has been executed At the last session of Congress gen
tleman appeared here delegate from that Territory
and was admitted as such upon this floor without OBJ
lection from any quarter. II it be that the Committee
OF Elections desire to inquire into the legality of the laws
enacted by the territorial legislature say they about
to do that which was never before dcnenqure into the
legality OF the laws enacted by the territorial legislature Of
Kansas iy what right, by what authority they do
t2 Those territorial laws enacted and they purport
to have been enacted by legislature duly elected in pur
suance OF law OF Congress and the validity of those
meats made in Conformity with such law Of Congress-
not be rghtuly contested in this House. They be
examined here for the purpose Of Determining whether they
were duly enacted or not Their validity only be de-
termiped by the courts. The requirements Of the of
Congress having been complied with, the validity of those
territorial laws be impeached by Congress Then
why summon Witnesses Why bring men tao thousand
miles in the dead OF winter when their testimony avail
nothing?
aware il is alleged by any one that the sitting
member General Whtdedl did not receive majority Of
the legal votes cast in the election for delegate Nor is it
alleged that the requirements Of the election law not
complied with will any that that cleo
on any qualified voter prevented from giving his vote
at any election precinct In that Territory. There
aegatonsno charges made that at the election for dele
gate held in Pursuance of the laws duly enacted by the
legislature OF Kansas threats made force used to
prevent any person from voting There allegation that
General Whitfield owes his election to illegal votes The
contestant does not-dare it, These witnesses
not required TO testify the of holding that
election, to the qualifications OF those persons who
voted for General Whitfield. Nor does Governor Reeder
claim that at that election he received the highest number
of votes does he claim to have been elected in pur
of the laws OF Kansas in pursuance of law
of the United Staesn short he does not claim to have
been elected in pursuance of law whatever Ia support
of such claim what need Of testimony
Those gentlemen who take the position that the laws of
the Territory OF Kansas invalid assume that the egs
place not authorized by the law, and therefore, that ITS
action in the premises is void deny the position taken
by those gentlemen and refer the House to the Kansas
Nebraska act which prescribes In its twenty
ion that the hr5tegsature shall at such time
aud such place As The governor himself shall order
The twenty second section has the following language
After speaking Of the election Of members Of the egsa
ture IL says;
And the persons thus elected to the legislative assembly
shall meet at such place and such day the governor
shall appoint"
ganc law which prescribes that tho Of government
shall be temporarily Mt Fort Lenvenworh but thar very
act provides that the first legislature shall assemble at
such place and at such time the governor direct
The governor Of the Territory (Goy Reeder the contest
anti required that legislature 10 assemble at Pawnec The
legislature did assemble the day named in tho govern
os proclamation at Pawnee and organized by the cleo
ton OF It's presiding and other officers When thus legally
organized in the customary mode, Governor Reeder
ogused the legal existence Of that legislature and
il his message with recommendations for its consideration
and action That message received read and ordered
to be printed So far, difficulty disagreement had
occurred.
The legislature being assembled upon military reserve
laid upon 1t In violation Of la and In which
Governor Reeder himself interested a a proprietor
without buildings provided for its IONS suitable
commodaton for Its members adourned its sittings "a
the Shawnee Mission, where proper accommodations
the legislature its members furnished This ad.
Ournment made BY virtue of Of the legislature
passed in due form by unanimous in house and
but single dissenting voice in the other branch Of the
legislature after 1t had been vetoed by Governor Reedcr
IL tberefore became law in The provided for BY
4 the act organizing the Territory of Kansas
II The Legislature then assembled at Shawnee Mission
aud there passed laws prescribing the qualifications
voters aud the qualifications for holding Office II ex
ercsed all the power that Ia recognised 10 exist n
legislative assembly, and ] contend that IL right
fully exercised such power. Having adjourned from
PRwnee and having been regularly organized Shawnee
Mission the legislature there proceeded pass law pro
vdng for the election OF delegate the Congress OF h
United States and under that law, enacted delegat,
elected admitted 70 a seat this hoor and MOI
claims that he has right TO that seat Why does Gov
llccder here contestng that election On what
ground does he contest the right OF the sitting member
lie alleges that the laws passed ~ the legislature are in
valid because they enacted at the proper place
have shown the legislature had power adjourn 10 IN,
manner ID did 70 Shawnee Mission The Kansas
Nebraska itself declares that the powers Of that eg
ature shall extend TO all rghful subjects Of legislation
and there be question that the power Is inherent In
every legislative assembly, unless restricted by the organic
law adjourn 10 such time and place as may suit it's ow
\ convenience. No such restriction be shown.
What IL proposed TO be elected in the event OF the ado
on of the resoluon2 ls II proposed 10 spin ont this
election contest until the close OF this session by sending
for persons and papers2 The very act Of Congress which
provides for contested elections points ont the In
which persons who may the right Of any member
this floor shall proceed II provides that after
giving notice Of seat being contested notice shall bs
given o. the time and place for taking deposons Aud
ask do you n this expect to bring here the people
Kansas OF the borders OF Missouri for the purpose
deposng before tho Committee Of Electous7 Where Is
the investigation 10 end What is 10 be the result Of Il
Can anything result from IL Suppose this House 1e
clare the seat Of the delegate from Kansas vacant ov
that Territory he represented here in this Con
gress Can II be represented In any other way than by
election held pursuant the laws OF the Territory
Kansas Are you say and will this House say that
person elected by portion OF the people OF that Territory
who claims to be elected by portion OF the people
that Territory without any law authorizing such cleo
tion, and N defiance Of idt entitled TO scat this floor
Will you say that the laws OF that Territory TO be
Piled under foot and that you will disregard them and
cep as delegate from that Territory man who nyows
in bis petition that be does not claim any right to