Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-03-27

troll Ihe decision The act is either constitution.
al Or unconstitutional. II constitutional the dis
pulsi settled; Il funsons.iiulional,n no soussqusn-
ess to follow from pronunciation Of the fact
can make it valid. So with the body claiming
to be the Legislature Of the State. 1.-THE Leg
islature Of the State according to the provision
Of the Constitution, the controversy is at an
end il not the Legislature Of the State. no acts
Of theirs in their assumed character, and no
consequences to follow from the inValidity Of
those acts. can give them the powers which
they bad not when the acts were performed, or
make them what they we're nO!-Ihe legislation
ofthe State"
have now concluded, Mr.. Speaker. all that
desire to say upon the questions arising in the
lease made" by the statement of facts reported
by the committees. These questions, 1 repeat,
are:
1. Was the Assembly which enacted the e.
lection statute in the Territory Of Kansas, un-
der which the sitting Delegate was chosen, the
legally elected Legislative Assembly Of Kan
sas
z, Is this election statute by that body en-
acted void--
Because it does not prescribe with toe requi.
site certainty the places of the elections -
Because it extends to Indians the elective
franchise contrary to the provisions Of the or
ganic act
Because that body legislated temporarily at
a placed other than that prescribed by the or
ganic act for the temporary seat Of govern
ment ?
s. Was the sitting Delegate Mr.. Whitedeld
chosen by the people of the Territory, or by
nonresident invaders ?-at what places was
that election held and by whom or by what
law were those places prescribed by the body
assuming to be the Legislature, or by the coun-
ty commissioners, or by the county sherifs
As to the mode of proof in this case con-
tend that the only practicable method is by
compelling the attendance of witnesses here /;
because by the admission Of the sitting Dele
gate there has been and is awless violence in
the Territory, and, by the information commu-
ncated through the President it seems that the
law is silent, there amid the conflicts of passion
and brute force, The laws being Of no force
within the Territory, it must be apparent that
commission could otbe successfully execu.
ted there. TO refuse, therefore TO send forper
sons and papers, and to transfer this inyestiga
lion from the committee Of the House to com
mission to sitin Kanzas would be, in my Judge
ment. refusal to inquire into the case.. The
very attempt TO investigate this matter lher
will beget new acts Of violence. To grant tn
( power asked to compel the attendance of wit
nesses can do no harm, and after a fair trial
if it fail, it will then be time enough to consid
er the doubtful expedient Of a commission.
Touching the expense, Of which someLhiu
has been said, in my opinion there will not
n much difference between the two Methods
But that consideration ought not to have weigh
\ in a matter Of such significant import Vigil
ance, investigation, inquiry, at Whatever cos
is the cheapest defense of nations and this in
vestigation, at any expense, will be wise c
economy, il thereby the violated Ia W of our com
mon country shall be vindicated and thos
guilty Ofits infraction signally rebuked.
There, sir. in that remote Territory, our la,
is broken and our people conquered, Shall W
not inquire who has dared thus to triAe will
the rights OF the people or shall we shut ou
eyes to the fact and talk Of popular sovereignty
while the sovereignty of the laws is set a
nAught? ....
If we allow this act Of treason to go unques
toned, we do 10 some sort sanction it, and in
vite repetition of it. Now that feud, an
strife, and the noise Of words are heard With
our borders, it should be the care of this Hous
to fail of no duty essential to the maintenanc
of the Constitution and laws, so that those VIII
wantOnly violate their supremacy shall tax
nothing by the treason.
That distant Territory, rolling away to th
setting sun, is part Of our national heriIag,
We have undertaken to extend over il tn
shield Of the Constitution, and to secure to thos
of our people who are filing Its solitary places
the sacred right of self-government, guarde
and sheltered by American law. This rgh
o sir, has been ruthlessly stricken down. and II
4. majesty Of the national law defed Shall III
q ,CrOng 6e rsdresSed-shaR that right DO muintaii
ed?
: CONGRESSIONAL.
" AsHTNGToN. March 81