The daily union., 1856-03-27

. W nAooLAblS hnuAN NAS =
the work Of legislation.
Mr. Speaker upon recurrence 10 the Kansas act Il viii
ee Al that this pretonson without any ioun
oauon that II has not only foundation In the prnc
pies o law but that ii entirely unsustaned by anything
contained IN the provisions Of this particular act know
aI ,pe aistinguished gentleman from Indiana INT
and seemed 10 attach great weight 10 it, | cannot but
think that his conclusion arrived without his
KING an examination Of the act itself Ills position that
The legay ofthe proceedings Of that legislature may be
inferred because IL did not assemble and ii did not
act at Fort Leavenworth the place designated the act
error of fact '' r
you refer to the act creating the territorial govern
nent Of Kansas what viii be discovered? There
provisions and three only in that act which In any
way have any bearing The subject mean which make
mention directly or Indirectly Of seat for the govern
ment q The Territory or Of the place where the Legislative
4 power granted by the act TO be exercised
In the thirty section il is declared that Fort Leaven-
worth shall be the temporary seat Of government In the
thrthird section il declared that the usual appropra-
IONS shall be made for the erection of public buildings
the seal OF government These provisions speak generally
Of seat Of goEernment they do not say word about
the seat OF the legislative power Gentlemen the other
side however insist upon that all legislative power
be exercised at the seat Of government Of every distinct po
itica community 1t would not be difficult TO show by
both reason and authority that this is untrue as general
proposition but that entirely unnecessary in the present
instance 6eeGase Tie pey act creating legislature f the
Isro,y hasas PTSg'9ss for ~ tstRg ooaoohsd at place
sedt g goeeramenttor The IeTor In the twenty-secoud
section OF the Kansas act after providing for the election
OF legislature and Tor a5ceranng the result such cleo
uon is declared that the persons thus elected to heeg
save assembly shall meet such place and on such day
as the governor shall appoint"
Now sir these three provisions in the same act
each operative and what is the necessary result 1t is
true that the temporary government established by
the territorial act at Fort Leayenworh and it is also
equally true that the governor vested with authority
assemble the first legislature be elected under the
thory of the act al any place which he should appoint
Power was specially given to him to assemble heu any
point within the whole extent Of that Territory And
then sir when the legislature assembled the spot
which the governor himself fixed upon the further de-
clares that the legislative power vested in it hal extend
to all rghuul subjects Of legislation consistent with the
constitution of the United States and the provisions Of this
act This shows at that there nothing in the
which made necessary for the legislature to assemble at
any particular place that il competent for the gov
erno TO select any spot and it shows too that nasuch
the grant Of legislative power made in the act extended
10 "all nghuul subjects of legislation the legislature
when convoked by the governor under the authority of the
act vested with full power to establish seat Of gov
ernment and TO select its own place Of sitting
The other question is Of act II is said that the cleo
ton under the territorial act invalid because the legs
aure itself elected by the votes of nrnders into the
Territory who overpowercd its peaceful inhabitants and
excluded them from The polls outnuinbered them by
their voies Now, what the facs presented in this
easeH There is evidence before this House; there
is no evidence before the committee Of any kind unless
what il contained in memorial signed by A. H. Reeder
is to be considered evidence II is undoubtedly the
right Of this House 10 decide upon the claim Of any
who presents himself asserting that he is entitled 10
seat upon this floor in the capacity Of delegate for
Territory but If be presents himself with the ordinary
denCe furnished by the executive Of that Territory the
usual manner proof Of bis right 10 seE be is entitled
TO a seat unless opposing right is shown. There
is not in tho proper Of the term election
test before the House At this time No individual who
candidate al the election has presented himself contest
ing The right OF j. W. WHITFIELD the tting delegate No
person who legal voter al that election has pre-
senied himself contesng that right The only show Of
opposition to the right Of Whitfield 10 the seat be
pies under certificate Of election made in due form Of
Law by the executive OF that Territory, founded the
simple memorial Of A. H. Reede This memorial is
4 NuwAap oath pvfda IN ne
light in which you may please 10 regard IT, II It's state
meats false believe them 10 be- be cannot be
ycied Of perjury in court Of justice But sir II it
otherwise A. r. Rseder, the memorAlist upon the plain
es principles law, Is incompetent 10 give testimony in
| this case.
Gentlemen hare alluded 10 The decisions Of courts II
they viii only refer TO the principles with respect the
competency Of witnesses which universally sanctioned
in courts OF justice they will al sec that A. H.
Reeder would not be heard by any Judicial tribunal in
Case involving the circumstances. A Il Reeder
appointed governor Of Kansas in 1854 By the territorial
act be vested with suprems legislative and executive
powers until the machinery contemplated 10 exist under the
territorial government into existence. He
thorzed to enumeration Of the inhabitants
and qualified Of the several counties and districts Of
the Territory lie authorized district the Territory
and to apPortUn the representation in the council and
house Of representatives among the distrciA lie
thoted to appoint judges to hold the eecton He was
authorized TO Jay down rules for their government in the
receiving Of votes and In making their returns lie
ciscl those powers He had a Of population and
voters taken lie dsicted The Territory. He iIed the
pointed by him beld tbe elections under bis authority.
They governed n conducting the election by the rules
which be hnsef had established They returned the
names Of the persons voted for and the number Of
given to them respectively the election 70 hm lie
cved these returns and declared large majority Of the
members sitting 10 each branch Of the territorial legisa
ture to been duy elected to their respective houses
sfor receiving the returns.
Now II said however that that election Of those
bers brought about by violence that brought
about By armed who entered the Territory In hostile
array with banners flying and trumpets sounding and
took possession Of The polls and filed the balotboxes
with their in defiance Of the inhabitants Where
was Governor Reeder when this invasion took place
this overpowcrng force eIerted2 he then the
chief magistrate Of that Territory and he continued 10 be
80 while the legislature thus elected in session and he
continued 10 hold the position until few weeks only
before the election with respect which this contest has
arisen Governor Reeder was in possession OF all the
for obtaining Information The officers who held the
first election chosen By him. and were under bis con-
troll when they made their He thea 10 posses
sion Of the entire legislative and executive power OF the
Territory. HwhA be asserts had really transpired u
could have been unknown 70 him such occurrences
he describes 10 his memorial did take place II must ne
csay have been ia the presence OF the officers who htd
the election and Of All those citizens who repaired TO the
paees where the elections held for the purpose Of
ting and be must have had entire knowledge OF all the fecfe
III ths alleged facts had had any existence what would have
been The duty Of Governor Keedsr when the returns Of the
election we're made 10 him Why, cir, he bound by
his oath Of Office reject The returns and 20 call upon the
Executive OF The United States epress such disorders IL
the power which be welded not sufficient But be Ad
nothing Of the sort and approved the returns called the
legislature together and when 1t had assembled at the
time and place appointed by a be recognised the
legislative assembly Of the Territory Where then ask
did Governor Redr get Information aE 70 the facts rected