New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-16
TIE CASE OF WHITFIELD, THE PRE-
TENDED DELEG ATE FROM KANSAS

Report in the House Of Representatives. Feb ii, 1857.
The COMMITTEE on Elections, 10 whom was referred
the memorial of A. H. Reeder, contes.Dg the Ugh, OF
John W. Whitfield TO seat Delegate from ne
Territory of Kansas, have considered the evidence and
STAT. ments presented by the parties, and submt
the following Report:
The sitting Delegate from the Territory Of snsas
bases BIZ. claim TO a sest upon an elec-on held in
October 1896, in pursuance or proc aAaton Iin the
dsy of he election Issued by the Governor OF the Terri
Tor, OF Kansas and which said election conducted
according to An Act TO Regulate Elections ena red
In 1867 BY body OF men claiming 10 be the Legsla
lature Of Kansas and which derived ts existence DIN
an election held In that Territory on the th o. March,
1853.
II appear from the report OF the Specsl Committee
a, pointed by this House during it, first session. TO m
ye,eaie the Affairs of Kansas thai The Territorial Leg
issue claiming TO have been chosen a. the election
of March 30, 1855, " an illegally construed Ndy
" and had porer 10 pass raid lars, G.ad their
aetnents are therefore, null ana rod" In this
cuson OF the Special Committee this House has an
tested its own concurrence by many decisions and on
may occasions. 1t rs supported by an srrsy Of evi-
oeDce VIII ch has never been successfully ass cd, aud
shich constitutes one Of the darkest pages OF American
history To souit the leg atty Of he s)csled) Tern
toa Legislature Of kansas you'd be 20 sanction irald
violence and perjury nbned ana system4tiZed 1p
the most 2s ac scale and for the corrup. obecSs
IL s fatal objection, therefore - the claim Of The
i.trg delegate 10 have been elected in pursG .oce OF
Law II be bases Il upon cleo lJn be Id under The
direction Of tcers deriving their authority from an
usurpiIg legislative body, and regulated by laws ns-
ns'irR tom the same Wei, us tource
IT. however il can be assumed that The Legislature
Of the Territory of Kansas elected The 3Oth OF Marce
ls55 Was Q lsvfully constituted body, ano.he: enc
equally fatal objection remains 20 the cam OF the
s;rii z oeD. gate.
In the thirty second section Of the &C. OF Congress Of
ls54 Organizing the Territories OF Neo-esks sna
Kansas the following provision was made Tor ne e.ec
IT n of delegates to Congress from The Ie-Tc-y o.
ksusss:
The fir election sbal be held g: such lime and
places and be conducted 10 such manner as he Cover
Dor shall sppoint and direct; and st al subsequent
et ions the times places and manner OF nolf3s &c
e ecti IS shan be prescribed by Law
BY this provision Of the organic act CONSULTING ne
Territory OF Kansas the poser Of he Governor - pre-
.cT be tie in Of electipg Delegate 70 Cdngre.s VIZ
limited 70 the first election which took place n October,
1854 and it expressly declared 'h,t a. a. fE's>-
qHsAt elections tie tunes FGces and ma 1er o. s2G-
ing the elections skdU 5e presented by !1s'
Ii beng manifest therefore, ihat me GoVe-nor OF
Kst Was lot authorized by any hing IN ne crgsnc
constituting the Territory OF X 'ns 81, 20 ss1s lis
PROCLAMATION for an election OF Delegate . Cong ee
in the ronth of October last il remalDs 20 d G2us
cred shetber any such au-5orty hes eve oeea 70
ferred upon him by the so-casd1 territorial Lsgs-s
t0re Of ansas
Ire frs. sec.on Of % Al as. 20 ECU ate &c io.s,
enacted IN 1855 by TIE so-cssdl Te-r.;J-ia Lsg'ss