The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-14

ii The massage commences Thus
10 tls Honorable s C0aai and House @ Representatives
u ...s gfAe Territory n haaSas
Having been duly notified that your respective bodies
have organized for the performance of your Official fune-
tons herewith submit you the usual executive COM
muncaion relative TO subjects Of legislation which uni,
versal and ongcontnned usage in analogous cases would
seem to demand although express requirement OF lt Is
to be found in the act Of Congress which has US
INTO official existence and prescribed our oncia duties
| The position which we occupy, and the solemn trust
which is conded 10 for originating the laws and ins-
utous, and moulding the desnies OF new republic In
the very geographical centre OF our vast and mannccnJ
confederation cannot but impress ns with deep and
solemn OF the heavy responsibility which we nave
assumed and admonish lay aside all selfish and
the spirit Of justice and charity 10 each other WITH pure
hearts tempered feelings and sober judgments 10 address
ourselves 10 task and so perform ~ IN me ar anu
OF that God who oversees our work. that the
star that expect add ID the national banner shall be
dmmed by faint arnsh of dishonor and be subject
10 reproach that which springs from the neylta-
I Bile iaihbiity OF just and upright men. , . ..s..
The governor with the view to tho ascerainment of
the exsng law In the Territory prpcecds TO trace the
history Of all legislation affecting it since the country was
acquired from France and advises the legislature to pass
such laws as the public interest might require upon all APP
proprae subjects Of legislation and particularly the slavery
question: the division OF the Territory into counties the
organization of county courts the election OF judicial and
ministerial officers educaon taxes revenues tho location
OF the permanent seat of government and the organza
ton OF the militia as subjects worthy OF Their Immediate
attention.
From this message as well from all the official acts of
the governor preceding IL having reference to the election
and return of the members and the convening OF two
houses for legislative business the conclusion irresistible
that this period of time the governor had never con-
ceVed the idcaif indeed be has since entertained IT.
that the two houses spurious and fraudulent assem-
bes having no righfnl authority TO pass laws which
would be binding upon the people Of Kansas On the first
day OF the session. and Immediately after the aizaton
of the house was effected the following resolution was
adopted ..am...,.-.. ...y a, .a..m s....a-.a.. .,E.
"Resorsd That all persons who may desire 10 contest
the seats of any holding certificates OF election
members of this house may present their proe its to the
committee credentials and that notice thereof shall be
given to the persons holding such certificates"
On the 4th day of July (beng the third day OF the ses
stony the majority Of the committee including four OF the
five members reported that, AvNG HEARD AND EXAMINED
ALL THE EVIDENCE TOUCHING THE MATTER or INQUIRY BEFORE
THEM, and taking the organic law of Congress- passed
on the goth day OF May, in the year 1884 ortanzng
the Territories of Kansas and Nebraska as their guild
ing-sar they have arrived at the conclusions which they
proceed eucdae and enforce in lengthy report From
this report appears that fifteen out OF Twenty-Five mem
bers present permitted to retain their seats by unan-
imous consent appearing to contest or dispute
the fairness of the election regularity or truthuness OF
the return in either Of their Hence the contest was
reduced to the claims of member who received tue GER
fcae hinder the general election of the 3oth March, and
the six members present who received cerhcats under
the special election of the oath Of May In the first case
the decision of the governor reversed and the seat
awarded candidate who received the highest number
of votes at the election the Both of March, and from
whom the certificate had been withheld by the governor
npon the ground reguary in the election ana returns
from precinct the exclusion of which poll gave the
majority to the opposing candidate In tbe other SIX cases
the sitting members deprived of their seats and the
candidates receiving the highest number Of votes at the
general election on the 3oh of March were nwarded their
places the ground that tho special election on the
2h of May illegal and void the governor not beng
authorized bs the organic law Of tho Territory, 60 be-
hind the returns and sci aside the election held on the soh
| of March. a.s-' u
The minority report dssents from the reasoning, and
protests against the conclusions of the majority and at
firms the right of the sitting members TO retain their seats
upon the ground that the certificate was not
merely gnaa evidence hut conclusive in respect
the ghts of all claimants and contestants; and hence
could 90 behind the certificates Of election to
xhpthe had
districts the 0h Of March and who bad received the high
est number Of legal votes Mt that election proposition
is thus stated in the minority report cannot agree that
this body has the right behind the decision OF the
governor who, by virtue of his Office 10 the organizing
federal arm of the general government 70 evolve ana
manage a government for this Territory for The op
yous that Congress makes him the sole Jndge OF
the qualifications for membership IT true that the mi
nory report audes evidence before the committee OF
great deficiencies in the form of conducting the
elections, but in the Of holding them both as
to the qualifications Of the judges who presided and
the returns made out by ihem,' and says there is
mo doubt that these illegal proceedings On the one hand
induced the governor to withhold certificates from some
who from the number of votes returned in their fayo
might at the same time appear to have been properly elect
ed and the other have been the ground on which he
presented certificate in instance and in another or
drred election in reference TO other districts but
while the minority report ars the right OF the governor
go behind the and investigate irregularities ara
illegal voting the election well as deficiencies IN tho
form, of the returns and asserts that did exercise this
right in each in which he granted or wltnheo Ger
ticate, 1t maintains that the governors decision as
conld not be revived much less reversed by either branch
of the territorial legislature. So far the question In
wolves the legality Of the Kansas legislature and the va
dity Of its acts II Is entirely immaieria whether we
adopt the reasoning and conclusions Of the minority or
majority report for each proves that the legislature was
legally and duly constituted. The minority report otao-
shes the fact by the position that the governors cer
conclusive and that he granted certificates TO ten
Of the thirteen councmen and to seventeen out o the
twenty-six representatives who finally held their seats
which was largely than quorum of each branch al
the legislature The majority report esnoshed tne same
fact by the position that after going behind the governors
certificate and carefully examining the facts they con-
frmod these ten councilmen and seventeen repro
In their seats and then awarded the seats o the
other three oonncilmen and nine representatives to the
candidates whom they believed To have been legally elect
ed at the general cleo tion on the 30th OF March
The house by eighteen votes In the affirmative TO one
in the negative passed resolution adopting the
iorty report and declaring that the contestants "havng
been duly elected the 30h of March 1885, entitled n
their members Of this house. Whereupon four OF tho
sitting members whose vacated by the adoption
of the majority report signed protest and asked that
be spread the journal Of the house. which was accord
ingly done iu the following words:
| Prosa.
We the undersigned members OF the house Of repre-
senaves of Kansas Territory believe the organic act
gauzing the said Territory gives this house no power to
any member from this house who has received cert
fcate from the governor that this house cannot 90 behind
election called by the governor and consider any claims
based on prior election We woHld therefore protest
against such proceeding and ask this protest TO be spread
e 'P'' "JoHN HUTCHINSON
\ WILLIAM JESSIE,
n UAUGTISTUQ WATTIEg