New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-06
deliberately aver the fact sod his readiness to prove


nation justification Of the conduct Of the Secretary
II Is sufficient TO say that the allegation referred
to is sufficient excuse for the nouproduction o: the
papers. Your Committee cannot consent that their
action should be bafled and thwarted in this manner,
and are of opinion that those papers must be bad.
Your Committee are further informed by the state
ment Of the contestant that the testimony cannot be
otherwise procurec-hat, in truth there are such OBJ
staces TO encounter to prevent the taking OF It in
any other way than that contemplated by them. This
convinced il entitled TO credit The President
Of the United States has issued his Proclamation sud
sent his orders TO the military officers Of the United
States looking TO the employment Of their forces IN
hostile conflicts throughout the very country where the
Witnesses must be collected and the testimony tskeo
If are Judge from the general tone Of the public
press and opinions found in messages and debates OF
the Governor and legislature Of several States OF the
Union il would seem that parties there are actuaed
by bitterness Of feeling unparalleled IN our history
and that there is imminent danger of serious collision.
We cannot perceive the propriety Of sending Com
mission TO take testimony in the midst OF scene oil
strife or impending strife, and particularly when the
execution of the Commission would necessarily bring
adverse elements in contact increase excitement and
present constant point of conflict where commission
ers would be pOweress 10 the midst Of masses OF armed
men, and where every circumstance would be unfayor-
able TO ehCiting truth.
II would also appear If the recited statement OF
the contestant be correct that not only has this infant
settlement been disanchised and deprived OF all cIv
nights and civil berty-Dot only has II been deprived
of the privilege of making its own laws and electing
its own ofiicers but that they have been denied the
ordinary privileges accorded TO ensaved people, OF
living snder system Of government which shall, at
least secure them pet ace and tranquility in their subu
gated condition. Despotisms usually PRIDE themselves
upon preserving peace and good order within their
limits, and endeavOring to commend their subjects to
the state of vassalage under which they LABOR, by
careful provision OF all the tribunals necessary TO PEE
serve al the rights which remain. In this case, how
ever it s conteDded that the functions OF government
have been usurped not TO be exercised and carried ou
in the usurpeton but principally to be neutrazec and
txngushed that the people are left without the pro-
lection of law, because they are without efficient
agents system Of police, administration OF justice
10 vnOiCate its remedies enforce It's penalties and
thus under pretense and form Of law, the country
is surrendered prey to violence, anarchy and blood
.hed. Your Committee do not undertake to assert
that these things true but aude to the fact OF
their being alleged tending strongly to prove the
necessity Of thorough investigation.
1t has been objected that the cost of this nvestiga
tion will be large; but the objection we doubt not de-
ryes most Of its force from the exaggerated estimates
of those who make it, The expense of the proceeding
should certainly be looked TO- but not 70 the exclusion
Of all other and higher considerations. Those charged
with the administration of the Government have not
been in the habit Of estimating cost so closely as 1t
seems to be calculated in this 1t has not been
long since $50, 900 of the national treasure was
expended for the purpose of retaining single fug
tive from service This done in a controversy
about property and the amount Of that property was
insignificant This reference is not made for the pur-
pose of casting censure upon the Executive action,
but simply to show that in sustaining the laws, the
expense to be incurred is measured by the dignity Of
the law itself and not by individual nights which msy
be affected.
In the case now before US, matters involved
which cannot be estimated by dollars and cents. We
have to deal with community professedly governed by
Congress over whom claim the right to appoint
the entire executive and Judicial departments, and to
whom we have guaranteed the right to elect the dOm
nant portion of their Legislature, and through them to
a limited extent to make their own laws and their own
cfficers The General Government insists on the night
thus to govern and eoutrol them, and to chasse them
H. iaccth ayG hm o
eminent The duty of protection folows the govern
ing power in all cases political and domestc-as the
shadow follows the subSts"eew ban nP5ged U'
that This weak and infant settlement IL assaled by
strangers and deprived Of the very rights which we
have provide for them and that too at the very mo-
ment when we exactiDg from il the most implicit
obedience TO our authority il becomes solemn duty
on our part to protect, well as to govern and that
without regard to cost ii should turn coldly and
scisbly away from ascertanment and aNindlcation
of the lights Of the ossaed would prove ourselves
false utterly false to duty our dignity aud our
honor
that they have determined should the power asked or
he granted that they will exercise every reasonable
prccauton not only to limit the number OF witnesses
but also the time Of producing and examining them;
In short; their effort would be to promote economy OF
time and money so far as il would be consistent with
a discovery OF the whole truth. The details OF TINS
process must, of course, be left 20 the Committee, VINO
alone could arrange them accurately ana satisfactorily
nv means Of informal consultations between themselves
and the parties to the contest and who must be sup
posed DESTROYS Of mourning expense which should
not be actually necessary. n
For the reasons stated, your Committee respectfully
recon mend the adoption Of the following resolutions
Resov.d That the Committee on Elections In the contested
election c.se from the Territory Kansas be- and heteby
send for persons and papers, and TO examine
san II JOHN HICKMAN
C6oPERK; W WATSON S S6HS Ri3 G1LiAH'
Mr.. STEPHENS, from the Committee on Elections
presented minority report, which sets forth that Mr.
Reeders sole object in his application seems TO De 10
deyOve upon the Committee and the House an inquiry
into the validity of the Territorial law under which
Mr.. Whitfield was elected, and this hinges on the
ground that the members of the Legislature who
passed that law not themselves properly elected
and established II is to establish this that mr..
Reedtr wishes to send for persons and papers, mixing
the house not only the judge of the qualifications ana
returps Of its own members but also Of the members
of the Territorial Legislature, and (which OF course
| follows of the State Legislatures. THIS Woud oe
assuming position not properly pertaining to the
House. and establish precedent OF dangerous Ten
dency. Finally, if the House conclude that the exam,
nation shall be made, the end would be better attained
| by sending COmmis soners to Kansas to take such
testimony a. may be perth ent and competent where
az, sending for persOns and papers would occasion
much delay and even 1t did not prove
| impraccabe. -, ,,.
| Stephens Of Georgia, and Smith of Alabama.
Accompan, ing the report is paper FROM MIR. W hit
field who submits that Mr.. Reeder has no night TO DC
| heard as he was not a Candidate when MI. W was
elected nor was be candidate at any election author
! lied by law.
The testimony proposed to be taken is not compe
tent to prove The truth of Mr.. ReedeT's statement.
! Mr.. Reeder was Governor when the members OF tue
Legislature were chosen, and the election was con-
cluSed by Juoges appointed by Mr. Reeder, who took
tie prescribed oath to reject the votes of non-resl-
dents The members of tie hansas Legislature took
their seats without eav or complaint from Coy.
| Reeder who commiss toned those very members by
| whom was passed the law under which Mr.. Whitfield