The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-12
Who Is the Kightful Delegate from X ansas
To TIE HONORABLE rHE HOUSE OF REPRESENTA- lvEs

10 TIE HONORABLE rHE HOUSE OF REPRESENTATIVES,
OF THE UNITED STATES OF AMEkICA -
The petition OF A. ii, Reeder OF the Territory of
Kansas, respectfully represents That he denies the
right Of j W. Whitfield to q seat in your honorable
body, as delegate from sad territory and further
claims the said seat for himself, under the following
state OF facts -
In the month of October 1855, the said j. w.
Whitfield aud your petitioner were candidates for
the Office Of territorial delegate to Congress at two
separae cleo ions, when your petitioner appears
from the report of special committee OF your hon
orable body, received more than treble the number
of legal votes for the said j. W. Whitfield that
upon full investigation of the facts relating TO said
election, the House rejected the said j. W. Whitfield,
but refused to admit your petitioner The for
this action, as appears plainly from the debates Of
the House, were that the SAID j. w. Whitfield In
a minority OF the popular vote, and had been elected
under a void election law and that your petitioner
although having large majority OF tne popular vote.
had been elected withOu. any law declaring the time
and manner Of election.
Without any new Legislation whatever, and under
the same state OF things, the said j. W. Whitfield
again became candidate for a single session Of tn
present Congress, at an election held in Octobe
1855, entirely without the authority of law, in whic
large majority of the voters OF the Territory re-
fused, for that and ether reasons, to particpat.
They respected the decision of your honorable body
recently made, refusing TO recognise voluntary
election, and therefore abstained fro a proceedng
which would have resulted only IN q second presen
ialion OF an acjuGicated question: involving disre
spect of the authority and action of the House. Tn,
persons who did participate in this irregular, un
authorized and Illegal election, were a small mi
nority Of the voters of the Territory, considerably
less than those who voted at the voluntary election
Of October 1855 and large number of non resi- tents
Of the Territory and persons not entitled to vote.
Upon the basis Of this election only the said j. w.
Whitfield has been admitted to, and now occupies
his seat in the House.
Fhis election, already stated, was purely volun-
tary on the part Of those who partcp ,ted ia it, and
without the semblance Of color of law, Congress.
sional Territorial, valid invalid to authorize or
Justify it. Neither In the organic act of the Terri
tory in the general act Of 1917 for the election
of Territorial delegates is there any provision what
for special elections TO dill vacancies, whilst the
statutes passed by the pretended Territorial legsla
frre especially provide that the elections for Con-
. asiona delegate shall take place in October,
1900 and every two years thereafter, and have no
provision whatever for intermediate elections to I'll
vacancies--so that the election OF October, 1856,
not only without law, but directly in opposition
to such laS "a did exist; whilst the election at
which your petitioner ested in October, 1885,
was in accordance with law, except that as to
OF it, details OF time and manner, omissions we're
supplied by majority OF the voters OF the Terri
Y
decision of your honorable body ~ the last session
was equivalent TO n declaration that. without new
legislation, there could he valid election VI del
eeae in said territory and If portion OF the peo
pie, aided by foreign votes, allowed to anticipate
the reversal of tina, decision by going through forms
OF election alrea5y repudiated and condemned by
your body, and thus 10 seize upon the representa-
ton in the House, il would work the most gross and
shocking njustice TO those who respe ted and re-
Issed upon the decision Of the House and would,
in effect. make that decision trap TO ensnare
the people to the loss of their political rights The
people whom your petitioner represents cannot be-
heve for moment that in return for their peace al
submission to your authority your honorable body
will allow itself TO be made the instrument OF an OPP
preston revolving 10 the plsincst Of justice
and fairness, and 80 irreconciable with republican
principles
Your petitioner, therefore, contends that if vo-
luDtary irregular election, unauthorized by statute
is insufficient title 10 n seat, the sal j. W. Whit
field should be rejected. And rs his admission
would seem TO indicate that the House disposed
to reconsider their decision upon this point, your
petitioner claims 10 be entitled TO the seat In pree
renee 10 the said j. W. Whitfield, inas nnch your
petitioner was elected for the whole Congress, at
election more formal and more legal, and by larger
legal vote than that Of sober, 1855: and tina. his
admission Is asked for by petitions from large
number Of citizens OF said Territory before the
House. All the matters of fact set forth in this pc
ttion necessary in the opinion Of the House. to be
proven, your petitioner offers 20 establish by compe
lent evidence before the House, or any committee
appointed for the purpose. A. II. REEDEs.
WAsBINGTos. January, 1857.