5 laws as come before us in our investigations, we ] are to be governed by the same rules and principles as those of all other courts in like cases. If I the law of Kansas under which the sitting Dele-: gate was elected, has anything in it inconsistent' with the Constitution of the United States, or j the organic act of the Territory, you have aright to that extent to pronounce it invalid and void, as any other court would have; but questions relating to the organization of the law-making power, courts will never inquire into,.and we cannot properly do it either. No case can be found where it.has ever been done, either in this country or England. The Legislature of Kansas was elected in pursuance of a proclamation of the Governor of the Territory, under the organic act passed by Congress. It was made the duty of the Governor to supervise that election, prescribe the mode and manner of holding it, and to declare who was properly and legally elected. You passed another bill day before yesterday, for the reorganization of that Territory, and directing another election to be held in the same way. In that bill the same identical words are used—“ that the Governor shall declare who are legally elected to the Legislature.” Suppose that Sill.should become a law, and the Governor.appointed under it should order a new election, and after the returns made should declare a majority to be duly elected, just as in the case of the Legislature whose laws are now brought in review, would this House again un- tertake to set aside that judgment, if it should so turn out that the new Legislature under the new act should pass any laws that the majority of this House might not like? Where is to be the end of this business ? Now, sir, I maintain that, if the bill which has just passed this House, shall become a law, and < the Governor to be appointed under it shall order | an election for another Legislature, and in pur- , suance of his directions an election shall be held for members of a House of Representatives and, a Council as provided, and the Governor, upon canvassing the returns, shall declare, as it will be his duty to do, who may be duly and legally elected, and shall give certificates accordingly, and the two houses of the Legislature, thus constituted, shall, after being duly sworn, enter upon . their legislative duties under a law thus passed by Congress, and shall hear and determine, each House for itself, all matters pertaining to the election of its members, outside of the prima facie certificate of the Governor; all such matters and questions so pertaining to the election of the members, and the legality of the organization of the Legislature so constituted, will be forever closed by that determination. This House would have no right or power to reopen the question. And just so in the case before us, Congress passed a law organizing a territorial government. The Governor appointed was authorized to order an election for members of a Legislature at such time, and such places, and in such manner as he thought proper. The returns of the election were to be made to him, and he had power | to declare who was duly elected. The House of Representatives was to consist of twenty-six ■ members, and the Council of thirteen. The Gov-i ernor ordered an election on the 30th of March ,, 1855. He divided the Territory into ten council! districts, fourteen representative districts, and| eighteen election districts, or voting precincts.. He appointed the judges of election at each poll and directed how their places thould be filled in| case those appointed should fail or refuse to act. The judges were all to be sworn. The rules and! regulations for conducting the -election were ex-, ceedinglyrigid. The election was so held. The) returns were.made to him as required; and out of the twenty-six members of the House of Rep-1 resentatives, he declared seventeen were duly! elected, and awarded certificates accordingly. Ot thirteen Councilmen, he declared nine were duly! elected, and awarded them certificates accordingly. The election of four councilmen and nind representatives to the House he set aside. In these cases he ordered new elections. This took place on the 22d of May, and he awarded certificates to those whom he declared to be duly elected at that election. The members of the House and Council, thus declared to be duly elected by him,| were convened by him on the 2d day of JulyL 1855. Every member, of both the Council and House of Representatives, in that. Legislature! so convened, took his seat by virtue of the Governor’s certificate. These are admitted facts. Nothing brought to light by the investigating committee assails or impeaches any one of them in the slightest degree. Each House, after being thus constituted, inquired into, heard, and determined all questions of contested seats in theifi respective*bodies, as all other legislative assemblies do. The right to do this was inherent in! them. On this point Judge Story says, in his Treatise on the Constitution of the United States,, volume 2, page 295: “ The only possible question on such a subject is as to the body in which such a power shall be lodged. If lodged in any other than the legislative body itself, its independence^ its parity, and even its existence and action, may be destroyed or put into imminent danger. No other body but itself can have the same motives to perpetuate and preserve these attributes; no other body can be so perpetually watch? ful to guard its own rights and privileges from infringement^ to purify and vindicate its own character, and to preserve! the rights and sustain the free choice of its constituentsj Accordingly, the power has always been lodged in the legisla-t tive body by the uniform practice of England and America.^ Such, too, is the doctrine of Coke, of Black-, stone, of Kent, and all writers upon the subject, asl I showed before. Each House, therefore, of the Kansas Legislature was the proper tribunal toi settle all questions pertaining to the election of I its own members; and their decision, when made,] was just as final in law as that of ours upon ai similar question here. There was, however, noi contest over the election of but seven members of I the House, and two of the Council. Two mem-, bers of the Council, and two of the House, whose) election was set aside at the first election, were; declared duly elected at the second election.. Every one of the thirteen members of the Council, therefore, except, two, held his seat without
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