V19 -opv 1 SPEECH OF /• HON. WM. W. VALIC OF NEW YORK, ON THE RESOLUTION REPORTED BY THE COMMITTEE OF ELECTIONS IN THE CON- TESTED-ELECTION CASE FROM KANSAS TERRITORY. DELIVERED IN THE HOUSE OF REPRESENTATIVES, MARCH 17, 1856. WASHINGTON: PRINTED AT THE CONGRESSIONAL GLOBE OFFICE. . 1856. <:^*^ iA lilOJO J • KANSAS CONTESTED ELECTION. Mr. VALK said: Mr. Speaker: The subject of tlie Kansas con- tested election has been for some time promi- nently before this House, and it has elicited from various gentlemen such expressions of opinion and decision as to them has doubtless seemed proper and conclusive upon the merits of the case. I have given to the debate thus far a very close attention, and have endeavored, in all pos- sible calmness, and without undue influences, to reach the goal of truth. The process has not been unattended with difficulty, nor has the task been easy; for in many instances bold assumption has usurped the place of fact, and many wishes have fathered thoughts which, but for the undue zeal of over ardent temperaments, would never have become words in mockery of justice. I am, sir, but a child in legislative experience; nor ain I gifted with the power of eloquence, to fix the judgment or control the will; but I can speak the language of my own convictions, and " nothing extenuate, . Nor set down aught in malice." In my opinions, sir, I am in conflict, I presume, with nearly all my honorable colleagues, and this misfortune, if it be one, has attended me since the commencement of our present session ; but much as I regret differences, I am un.dcr no anxiety to reconcile them, or to soften down asperities by any concession to the morbid prejudices or con- _ceits of any man. I profess, sir, to be keenly sensible of my obligations and responsibilities to the whole country, and entertain a very decided idea, that I occupy tlioposition of a national Rep- resentative, bound to regard the States of this Union as equals, and the Territories as the com- mon property of them all. I am here as a citizen of the United States, and in that capacity I feel the pressure of my allegiance to be due the whole; for in every one of them I am guarantied the same rights, immunities, and privileges. We know, sir, that soon after the appointment of the standing committees of the House, a ma- jority of the Committee of Elections presented here a resolution by the honorable gentleman from Pennsylvania, [Mr. Hickman.] It was in these words: "Resolved, Tliat in the Kansas contested-election case the Committee of Elections be, and are hereby, empowered to send for persons and papers." It is this resolution, sir, which ,has been de- bated, and upon the issue presented in it of send- ing to a far distant Territory "for persons and papers," that the discussion has arisen as to the questions raised in admitting to his seat here General J. W. Whitfield, as the Delegate from Kansas. These questions embrace the right of General Whitfield to his position by virtue of his election, and the validity of the Territorial Legis- lature by which the law was passed under which he was elected. To determine these points, a majority of the committee modestly asked for very extraordinary power, and have vigorously defended the propriety and necessity of proceed- ing in their determination. It was not sufficient that General Whitfield had prima facie evidence of his right and title to a seat upon this floor, nor was it regarded as of any importance that the Legislature of Kansas had prescribed the time and mode of holding the electioiv Governor Reeder, the newspapers, and not a few modern Gullivers, had i-aised the cry of fraud. The Legislature was a fraud; its acts were conse- quently void, because passed by an "assembly of usurpers;" and General Whitfield was but the creature of " bowie-knives and border ruffians." The honorable gentleman from Ohio, [Mr. BiXGiiAM,] who addressed the House on the 6th instant, docs not believe that the power of the House ciin be questioned in its authority to give the committee all they ask for. He regards the whole matter as narrowed down to the inquiry, whether a case has been made out which author- izes the investigation demanded, and whether "sending for persons and papers" is the best mode of conducting the investigation. Is it, or is it not.? that is the " entire question "in all " its length and breadth." It is so fixed by the hon- orable gentleman from Ohio, and he makes out the " case" without any difficulty or inconve- nience whatever. "With a facility of belief that surpasses the credulity of ordinary men, the con- clusion has long since been reached, that the Kansas Legislature was a "fraud," and that Whitfield is but the lesser " humbug" of the two. In the rcrmarks wliich I purpose making as an ansv/er to the assumptions of those gentlemen who have expressed their opinions adverse to the sitting Delegate, I do not intend to confine my- self wholly to one person, though I am free to say, that as a reply, I pi-efer meeting the gentle- man from Ohio; and to his argument, if such it can be called, I oppose not only the convictions of my own mind, but the stern array of facts, as stubborn in their character and as forcible in their illustration as any that have been put forth by the sympathizers with, and opponents of, the so-called " wrongs and outrages" in the Territory of Kansas. How comes it, sir, that this Kansas contested- election case is here at all ? Upon what testimony (for I will not call it evidence) are we now sum- ming up the merits of either Whitfield or Rceder, and upon what "certiorari" isthedispute brought into this Representative Hall? It is not upon the ]>etition of the people of that distant Territory. It is not upon the complaint of their local legisla- tive body. It is not upon anything duly authen- ticated and solemnly presented that a majority of the Committee of Elections has decided to come before tins House, and ask for power to send two thousand miles for persons and papers. It is not upon any sworn document or upon the majesty of an oath that we are asked for this extraordinary grant, but it is upon the unsupported and unqual- ified statements of ex-Governor Reeder alone, who presents to this body a memorial of his mis- fortunes and griefs, and prays us to unseat Gen- eral Whitfield, and puthhn (Reeder) in the vacant place. Sir, since the organic law was given to Kansas, and she became thus subject to her Ter- ritorial Legislature, the bitter waters of strife have not ceased to flov>r within her borders, and in every corner of this land has there been kindled the watch-fires of a zealous fanaticism. In its wisdom Congress gave the actual residents of the Territory t\fc power to make their own laws and to regulate their own domestic affairs. But from the passage of the Kansas-Nebraska bill and the repeal of the Missouri restriction, there has been heard from one end of the non-slaveholding States to the other, the dismal howl and wailing of the especial guardians of freedom, lest by any possi- bility slaveholders might go into Kansas, and the Terrritory thus become in time a slaveholding State. ■ This key explains many mysteries, and points out the animus of all the agony that has been sent forth in newspapers and pamphlets all over the country, as well as on tliis floor in speeches void of sound argument, but full of declamation. I have said that upon no other testimony than that furnished in the memorial of A. H. Reeder does a majority of the Committee of Elections come into this House and ask for a grant of unusual power. This memorial was di-awn up in this city, and bears date the 12th of February, 1856. It does not come from the people of the Territory, nor is there any evidence that they sanctioned it in any manner. It is simply Reeder complaining of Whitfield's eleiltafcrr, and clamiing to be entitled to i-epresent the Twffitory of Kansas in this Congress in Whitfield 's place. It assumes to speak for the " qualified voters of Kansas," and to be based upon information and belief as to the matters and things therein set forth. It is Reeder pleading in his own behalf, and telling this House a dismal tale of Whitfield's "pre- tenses," and his own justification. Upon the presentation hei-e of this memorial by the hortorable gentleman from Cennsylvania, [Mr. Florence,] he moved afs commitment to the Committee of Election^ antf there it went for examination. There is not a word in the memo- rial indicating any desire on the part of Reeder that " persons and papers" should be sent for. He tells his story, and that is the whole of it. Now, there is a maxim familiar to us a,ll, which says, there is right and justice in " hearing the other side." Reeder's statements inay be true, though they are not made under oath; but what does Whitfield answer? Nothing to the memo- rial, for that is addressed to the House, but to the " notice served" upon him on the 16th Octo- ber, 1855, by Reeder, informing him of his pur- pose to " contest his right to a seat in the next Congress as Delegate of the Territory of Kansas. " Whitfield did reply on the 17th of the same month, and it is a reply, m my judgment, sir, upon the very face of which there is stamped the seal of truth and the evidence of facts as solid as they are convincing. , Well, sir, we do not know what was said or done in committee, or what documents or papers they had before them, upon which to form a proper and just conclusion. Many gentlemen believed, and the belief has become verified, that they (the majority) would report as they have done in asking " for power to send for persons and papers." Such a result was anticipated when the " (fase" was referred to them, and it is now before us as the subject of discussion. To the argument of the gentleman from Ohio, it is my purpose to reply more specifically than to those who have preceded him; and by the line he has marked out for himself I shall endeavor to follow. No one doubts tliat " the fact is apparent" that either Reeder or Whitfield is here "in violation of the organic law of Kansas Territory." It is not necessary that the credulity of any one should, be taxed upon a point so plain, for it is, as the ' gentleman says, "self-evident." It is gratifying to know that the Territory has an organic law, and that under that law one or the other of the Delegates is the true one, and was elected as the law jn'cscribed. The question upon this issue is, who is the man, Reeder or Whitfield ? Who was elected in conformity to the organic law? Be it either, one of them is assuredly here as a violator of that law, and has consequently no show of evidence that lie is the rightful claimant of a seat upon this floor. By the organic law of the Ter- ritory, the mode of choosing a Delegate to Con- gress is set forth, and in conformity to the legis7 lative enactments of the Territory the election was held on the first day of October, 1855. No one but General Whitfield was a candidate, and he was consequently declared duly elected, and bears with him the certificate of Governor Shan- non. Nine days after, and in open violation of all law, another election is held at a difiei-ent place; and by virtue of this pretended election is it that ex-Governor Reeder presents himself here as of right the Delegate. He brings no evidence of his election, nor does he claim to be here at all in con- formity to the organic law; but he presents him- self as a law-abiding citizen and an injured man. He tells us that the law under which Whitfield was elected was null and void, because the Legis- lative Assembly that passed it was itself an illegal body, and was not elected by the bonajide citizens and residents of the Territory. It Iras been called the creature of " fraud and violence — a band of usurpers," the offspring of a Missouri mob, and the fruit of border-ruffianism. And the majority of the Committee of Elections have now concluded to ask this House for " power to send for persons and papers," upon the bare memorial of a single man — not to ascertain whether Whitfield was duly elected, but to pi-ove by oral testimony that the Kansas Legislature was a barefaced and gigantic cheat. Nobody does dispute the fact, that two elections were held in Kansas last year for a territorial Delegate, or that one of these was in direct con- flict with the territorial law. The right existing under the organic law to elect but one Delegate, v/ilh the time and place set forth, it follov/s that a second election, at another time and place, must be fraudulent. JSy statute, Whitfield was duly chosen on the 1st of October. Upon his men mo- tion, Reeder asserts that he was chosen on the 3;h, and v/ithout any regard to law whatever. There can be no controversy, then, as to icho\ eomes here " by authority," hut we are to question the validity of that authority, and to test it, by assenting to the very bold ^nd extraordinary requisition to send for persons and papers. The Territorial Legislature are charged as a "band' of usurpers," and all their laws denounced as invalid. But by whom is this charge made.-' It does not come from the people of Kansas, or from any authorized body in their behaJf, but it comes from their former Governor — from him who had sanctioned and given existence to that very Legis- lature and vitality to their laws. It comes from him who was the sole judge of the legality of 1 each member's election, and who recognized the legislative body as unquestionably lav.'ful by ad- [ dressiiig to it formal executive communications. ; Well has it been said, sir, by a distinguished Senator in tiie otherendof the Capitol, that Gov- j ernor Reeder went to Kansas " under the author- 1 ity of a law of Congress regularly constituting a territorial government." He v;as sent there to be its Governor, and to carry out every provision [ of that law, just as though the Missouri line had never been repealed. He received his commis- sion as a tenant under a landlord, and had no right to dispute his landlord's title. He was placed , there as a sentinel; but what was his course? He first called the Legislature together at Pawnee City. It was a remote town site., for there was no town there; hence the inference is irresistible, that from his interest as part owner of the locality, he desired to make it the temporary seat of gov- ernment, and thus call for an expenditure of the public money which would be a benefit to him ni his speculative arrangements. There were no houses or even rooms in which the Legislature could properly nu;et. Even the necessaries o( life, j to say nothing of its comforts, were almost wholly I wanting. Under such circumstances, what did I the legislative body do .' They adjourned to a I more suitable and convenient place, where the wants of its members could be better supplied. I Governor Reeder refused to sanction the adjourn- ! ment, and vetoed the very first bill passed by the I Legislature at the Shawnee Mission. He refused : to maintain the authority conferred on him, and j being wherfe he was under the sanction of law, ! he was in a position to do much good or great |*evil,and he cliose the latter. " He was the trusted [ officer on the quarter-deck, in a storm, and by his judgment might save the vessel." He refused to fulfill that solemn trust, refused to do his duty, ! and thus gave rise to bitter and fearful trials. He placed himself in open rebellion fo his own author- ity, denied the validity of the whole code of ter- ritorial laws, and so demeaned himself in incon- sistency and mischief, that his removal by the President became a matter of necessity. Before ex-Governor Reeder left PCansas, he'* caused a notice to be served on General Whit- field, " that he should contest his right to a seat" in this Congress as the territorial Delegate. But, says the gentleman from Ohio, Reeder " is not a contestant at all;" he has only come here to claim a scat for himself, by virtue of an election held at the " Big Springs," in Kansas, on the 9th of October, 1855. The 1st of October was the day prescribed by law for that purpose, and, in conformity to that law, an election for Delegate was held, and Whitfield elected icithout opposi- tion. Sir, the gentleman from Ohio well asks, if any man is tq be told that the people of Kansas assembled on the first day of October last and cast their votes for the sitting Delegate, and then went through the farce, only eight days after, of again casting their votes for his opponent.' No man, sir, (says he,) can be made to believe that. No, sir, no man does believe it. But many thousands believe, sir, that a sham election was held on the 9th of October, not only without color of law, but in direct violation of it; and that at swc/i an election Mr. Reeder got the votes of the emigrant fiid society men. It docs not matter how many, for ten thousand could not give validity to' so disor- ganizing and lawless a proceeding. "In one or the other of these elections," says the gentleman from Ohio, "the organic law of the Territory was wantonly trampled on and disregarded;" and there is no douljt of it. For what jiurpose, sir, have the majority ofthe Committee of Elections asked authority of this ! House to send to Kansas for persons and papers.' It is, saj's tlie gentleman from Ohio, whether or not General Whitfield was chosen by the people of Kansas, or by an invading and conquering army. It is, says lie again, to ascertain if the sitting IV'kgate is here Mathout the popular con- sent, and in violation of law by lawless invaders. It is to discover " whether he is here by the de- cision of the sword, and not of the ballot." To solve titese mysteries, the committee have resolved to ask for'a plenitude of power, and if by thoir report, says the geiitleman, no " probable case'' is made out, then he admits the power " ought not to be conferred. ' ' The legality of Whitfield 's election is here made the basis of the report of the rnajority of the committee, but the minority aver, ancl I think correctly, that the power to send for persons and papers is designed to operate in a very different manner; and that it is- to test the validity of the Territorial Legislaiure, and tlie laws passed hi) it, that we are to give this committee what they have asked for. If the question in- volved only the rights of General Whitfield or Governor Reeder to a §?eat in this body, it would^ be of very little importance to the public. But it extends very far beyond this; even to the exist- ence or non-existence of the Kansas Legislature and her laws. General Whitfield claims to have been elected under the authority of that body. Governor Reeder claims to have been elected under the authority of n volunteer convention held at Topeka in- defiance of the Legislxdure and its laws. If the Legislature was not a legal body, its .acts are clearly void, and among them the law for the election of a Delegate to Congress, and also the election itself. If, on the other hand, that Legislature teas a legal body, then its acts are binding upon the people of the Territory, in- cluding the act for the election of their Delegate; and consequently the election of General Whit- field can only be successfully combated by'show- ing that some other person received a greater num- ber of legal votes at the election so appointed; and I apprehend neither Governor Reeder nor any- body else will undertake to show any such thing, for it is an impossibility. That the Legislature was a legal body, the present contestant, (for he calls_ himself such,) Governor Reeder, practically admitted, in the most solemn manner, under cir- cumstances much less likely to prejudice his judgment than those which now surround him, by giving to the majority of members certificates of election, and subsequently by sending messages to thenl as the legislative body. The Nebraska- Kansas law, made it his duty, as Governor of the Territory, to declare " tjie persons having the highest number of legal votes in each election dis- trict to be duly elected." This, ex necessitate, in - eluded the duty of determiliing who, in eacli of the districts,' had the highest number of legal votes. And he, Governor Reeder, did so determine it in a majority of the districts, and declared the re- sult as I have before stated. He now comes for- v>-ard, and virtually, if not modestly, asks this House to annul his oivn acts, both of omission and commission ! As the orlicial agent of Congress, he assisted in creating and giving validity to the Legislature of the Territory, and then recognized it by repeated acts of acknowledgment; but now, -note, sir, in the fixce of all this, ho claims that it was no Legislature at all, and leaves us to render a verdict upon his conduct, as either in violation of his own sanctions of territorial law, or utterly inexcusable as a dereliction of duty. I believe, sir, it was one or the other. His official acts, as Governor of Kansane, were, in effect, the^acts of the national Government. His saaiction of the Kansas "Legislature was, in effect, its sanc- tion by Congress and the Executive. jfThe enactments of that Legislature have been, by the United States judges within the Territory, pro- nounced, as a whole, constitutionally passed. The President of the United States has issued hia proclamation to the effect that he recognizes them as the laws of the Territory until repealed, and the authorities appointed under the Nebraska law as the government of the Territory until reg- ularly superseded. Under these circumstances, for Governor Reeder, or a committee of Con- gress, to pretend that the Legislature of Kansas was not a Legislature, and that its enactments are not, and never were, laios, is, in myjudgment, sir, but little less thau a ridiculous farce. It may bo competent, sir, for Congress {not the House of Representatives) to annul any or all the laws passed by the Kansas Legislature; but of what avail will this be for Governor Reeder in refe»-. ence to what he now claims.' If such an annul- ment were now effected, it would only prove, by the strongest implication, that they had been in full force until annulled, and that, as a conse- quence, his clainj to sit, as the Delegate, is with- out the slightest foundation. So, if the Legis- lature of Kansas was a legal body, and its enactments valid, then the convention at Topeka, and the election of territorial officers' iinder its auspices, was a base and shameless usurpation, and all attempts to support it by force neitlier niore or less than treason. Mr. Speaker, in the remarks which I have pre- sented to the notice of the House, it is apparent that 1 have not presumed to settle points of law, or indeed to engage at all in a legal argument, as it may or may not be applicable to this Kansas controversy. Other gentlemen have done tb'is with abiuidant clearness and force ; and especially to my honorable friend: from Maryland do I feel indebted for satisfying my mind upon that branch of the subject. I address myself to the House under a deep sense of my inability to do justice to the topic of discussion as wo have had it reviewed, and quite convinced that I have fallen far short of giving expression to the fullness of my thoughts, my feelings, and my convictions. Let it be remembered, sir, that I a.m almost alone, in the large delegation from the State of New York, in opposing the very spirit and letter of the resolution introduced by the honorable gen- tleman from Pennsylvania, [Mr. Hickman,] and that by no vote of mine shall there be aid and comfort given to this new species of representa- tive inquisition. To my mind, no case has beeh presented calling for any such grant of intermed- dling authority. Nobody complains but he who was once Governor of "Kansas, and especially charged with the care and protection of her infant settlements. By and through him has there come over that far-ofl" Territory tlie dark shadow of evil and the almost calamitous issue of civil war. False to himself and the high dignity of h;s official position, he planted the seeds of dis- cord, anarchy, and confusion, but was not per- mitted to stay to reap the fruit. Removed from his ofKcc, chagrined, mortified, and vexed, he moodily determines on revenge ; but not the re- venge of the noble-minded and generous heart; i-ather call it the studied effort of a deep design, born and nurtured in the dark corners of the mind, and here exposed to the full light of open day. Mr. Speaker, it has become a familiar maxim, and it is full of truth and meaning, that "coming events cast their shadows before." The times are full ofalarming(5mens, and the political lagos of the day are fast hastening us into startling contingencies.* Not content with countless bless- ings in the most enlightened country on the face of the earth, not satisfied with privileges unex- ampled and immunities of a greater latitude than any people ever enjoyed, the wisdom of the children of the present day has become greater than that of the fathers of the Republic; and now they ask for the reasons for the faith that was in them. Sad indeed, sir, is the thought that our great constitutional expounders have passed away ; and no longer do we hear tjieir warning voices, though, being dead, they yet speak in silent whis- pers to our very hearts. Let them be heard and heeded, for the admonition comes to us from the graves of the illustrious exemplars of departed greatness. Our hopes and fears may well start up alarmed at all the solemn mockeries of legislation, both State and Natioiiol, now forced upon the country by the political pigmies whom chance hasbrought to the surface in the seething cauldron of party zeal. And where are we to look for safety— upon whom call for aid when the hour of trial comes .' Where but to the American people, and to them we must appeal. Could they Jcnoiv the truth, this Kansas question had never been agitated, or the resolution presented have which is founded solely upon the unsustained word of a single man. I do not believe, sir, that a solitary member of this body desires to "stifle inquiry" or sup2:)ress in- vestigation where it is proper and right. But, sir, I am of an opinion that the committee ask for too much, and, therefore, by my vote v/ill I re- fuse to sanction their extraordinary request. I would suppress agitation and the falsehoods upon which it feeds, and thus destroy the vocation of our modern political charlatans, and their vora- cious appetite for lying — under wonderful mis- takes. • I thank the House for its patient hearing, and only regret that I have been unable fto render the subject the full merit of the justice it de- serves. mil 016 094 463 8 Conservation Resources