The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-04-29

hers slect~d the territorial legislature If WHrFIELp
was regularly eieced the law direets maintain that
nst ohs heeder estopped by bis act but the people
q kAnsAs are ssIOpped BY theirs neither they the
ana here c0ner upon Congress by anything stated
N ther memo be power 70 60 behind such law for the
purpose 81 insutuung inquiry 10 the legality Of the
election o. the members who enacted the law
= DC alleged here that Reedsr CONES 10 contest the
scat OF HrFEED not on bis account bat iR behalf or
pie are much egopyed in the Of their claim
Feeder himself rs and why Because they had the pow
e through their legislature hare contested the election
Of the members elected and slept apon their rights
khe question was proper one for the adjudication Of
heeo or the territorial legislature under the organic law
governnG the Territory Of Kansas There i principle
beti settled than that where party has adequate
az ior the redress uf wrong IN particular oEa the neg
e y prosecute such right viii give another forum
jurisdictions Of the question IA Is that the facts
did not come the knowledge Of Reeder until after the
Legislature had acted Neither Reeder nor the people can
now be permitted snltfy themselves The people
compelled 10 have knowledge Of the fact whether the
bers elected BY them or orers Ii Is mere delusioa
when asked believe that reemen Kansas were
flghtensd out Of their rights He who could believe Ii
Gould casliy AT night convert a bnsh into bear.
IL the people were permitted their election
and those persons elected the legislature when assem-
ed ~ such Legislature enacted laws under which the
ting delegate now holds has seat then maintain they
asopped much Governor Reeder from calling qaas
ton the election of the members of the Legislature But
the people Of Kansas have presented such memorial
and II they had Congress is poweresH 10 institute the in
vestigation. #ma
Sir We do not take the position as gentlemen on the
egAe has received the certificate Of the governor and
las election adudicatea by the proper officers Of the
government, this House. therefore cannot 20 behind
that certificate. But say that when the governor
Of the Territory has given hs certificate the sitting
member, in pursuance Of Law passed by the legis-
lature of the Territory, il is Prma aee evidence of
his right to the seat which be hods upon this floor
No. sir; would Gee Governor Reeder take bis
seat here the delegate Of the Territory of Kansas with
ont color or authority Of law, to the doctrine
established that the official act Of governor could pre-
vent this House from going behind il ascertain the
validity OF the election of Its members We do say
thai such certificate made In pursuance of law and the du
ties deTolving the Executive s Aud Of right ought To
be- pma arie evidence Of the facts therein certified
and Rseder does IN any way gainsay the facts
tanned in Governor Shannons certificate this House with
out sneh proof is esopped from its denial We do
tain that there is point beyond which this House cannot
90 IN prosecuting is inqare The Legislature of Kansas
passed Law providing for the election of delegate this
House That law Is IN pursuance of the Organic
tended the Territory Of Kansas That the law Of the
Territory. Under that Law General WHITFIELD has been
elected 10 this House That law and the election under il
does IN my opinion estop this House from going behind
the law and the election for the purpose Of making Inquiry
rs to the legality authority of the lawmaking power in
consequences of r-reguary IN their elections not because
of the old and sct technical rule Of stopp but because
t question Of the legality of the Of that legislature
having been properly adjudeated this House go
bebnd acts, unless exercise appellate
powers the action Of the territorial legislature which
the constitution Of the United STATES has not conferred
upou To The exercise Of any such power utterly
opposed My every inclination is 10 keep far in
lies the coordinate branches Of this government within
the strcrst Limits Of the eIercise Of their respective dele
gated powers
Sir BY the organic act OF Kansas the President of the
United States bas the power recognise the existence Of
Legislature in Kansas He acknowledge its existence
and the act O the President in the of such
binding upon the Judicial tribunals Of The country. The
judicial tribunal Of the cuunty only act ia obedience
q shA Legislative power They only gpon existing
laws. They cannot create laws determine the
existence Of another branch OF the government but they
upon laws when enacted By the proper authorities
Of the governmenL No principle is better settled When
f. al. -
Charles the Second rensAie the and Judicial ud
cations recognised valid IL has been from the
earliest history Of civilization. But because the President
Of the nsd States can alone recognise aud acknowledge
The existence Of governor and l-gislAtye assembly IN
the Territories and that his acknoH smsnt is bind
ing upon the jndici& tribunals il does not follow that
The courts Sf the country may, for themselves independ
sny Of any other branch Of government determine many
questions that may be presented for their adjudication
Ours q complex form Of government The various de-
rarnents Of the govenment are depenaeHt in many
sees upon each Other and indrendeni In others Under
The Constitution Of the United States u Congress shall
adudge individual member here entitled 70 hs seat
night wrong, there power in the government
hozsd 10 Annul that Adjudication and with the States
and territorial governments the Judicial tribunals may de-
termins independently, many questions and their de-
c0Bs become binding upon Congress binding upon the
EHeCutiFe, and binding upon all the other coordinate
branches o. guvernmsnt Bat il Is only in those
where that power Is expressly conferred upon aod
whenever Gny Of the departments Of the government shall
gwers expressly deegatsd tbey cspasE and
may be considered wrougdoes, upon the reserved
r uhAl The question raised in The oeIebrHiea Dorr
eAseg They simply determined that the Judicial tribunals
Of the c0unry had jurisdiction the matter that -
question Of poit@i power which the political tn
bunAls Of the country had 10 determine
Bat upon what principls DO you propose that shall
in this AdBdcne tins qusson1 yi0sts the established
practice Of The government and decide that shall have
Jurisdiction when The of the cBuntry IL the
before then for adadioAou would deny you the right I'D
propose thar shall send for en and papers without hu
u % provswhat fAoi2 What do yo1 propose prove
There Il not single allegation contained in Governor
Rs~ers ncuorsl-not single specification Of any fact
which he proposes prove by sending for and papers
admitting ali be states here and the facts provedthht
would sstahlish his night scat in this body dele
gate from Kansas.
What Is Il you propose TO do1 Ia u a random shot by
which ron propose 70 elicit Havfhing new, Is il shot
srud asns slavery ard slave instifutons2 When have
We heard spesch q een inutss In length By any gen
the Other side of the House without urging
O the strongest FOR scnding for and pa
Pers tha, Kansas ought Of right be free stats2 We
have been caed the olrsrchy Of saveryn short that
bsv only Cor the purpose Of proppng up the sink
ing fortunes Of the President who has IN accordance with
the constitution o this country recognized the political
rights Of svery portion Of this confraernry geD
that when they make thst charge ftey % great
tTss n they wil look hs manifestations Of the popu
lar mind IN sustaining the o. tSs President they rih
the utr Eroundesnes Of the charge and 70 what
EnaticA feelings Of Gentlemen naT be ed when they
make their own disorted iuaginatonp the from
which they derive their facts
Sir this n grave question Which is pressnted for
the consideration Of TINS House and sboua be deter
mined without party bias Les rsk, has any party
toad bern permitted sqnat tf in this hs and whisper
II