Newspaper Page Text
jfoUCjH T 0N, NIS8ET& BARNES,
publisher* and Proprietors.
JO*
*-*»•*
TERMS.
tss rasBiAK tmrzosr,
Weekly, in the Darien Bank Building,
<2 00 P<! f Annum, payable in advance,
iaVoif not paid within three months, arid
f £ 00 if uot P ai,i before the en ^ °fthe year.
" ft.tTES OF ADVBRTIMNS,'
Fer sipiare of tterlrt linn.
. insertion if 1 Off, and Fifty Cents forcaeli sub-
LL „ e ,it continuance.
t; U' sent without a specification of the number
5 ^insertions, "ill be published till forbid, and
harmed accordingly.
i -iii'’ss or Professional Cards, per year, where
(’.. 'v do not exceed one square - - - $10 00
, hfora! Contract trill be made with those who wish to
* Urertisi by the year, occupying a specified space.
TXGAL advertisements.
sales of Land and Negroes, by Administrators,
,. tutors or Guardians, are required by law to Ire
. i 0I1 the First Tuesday in the mouth, between
i’ - hours of Pi in t he forenoon and 3 in the after*
tl '' it tin-Court House in the County in which
the p'ropcity is situated.
Notire of these sales must he given in a public
‘ , ttt , 4n Jays previous to the day of sale.
" Vutices for the sale of personal property must be
/ n in like manner 10 days previous to sale dat\
b Vl)f ; fCS to the debtors and creditors of an estate
i |U „ t a j s o he published 40 days.
\otiec that application will he made to the Court
f Ordinary for leave to sell Laud or Negroes, must
!' pttblished for two mouths.
r,unions for letters of Administration, Guardian-
i\c.. must be published 3 • days—for disinis-
ilnii ffoiu Administration, monthly sic months—for
dismission from Guardianship, 40 days.
KiiV.' for foreclosure of Mortgage must be pub
lished monthly for four months—for establishing lost
lisiicrs, f ,,r 'b' spate of three months.—for com-
'iWtitles from Executors or Administrators,
whrrcTbond lias been given by the deceased, the
full space of throe mouths.
puhlicatioBS will always be continued according
to these, the legal requirements, unless otherwise
ordered, at the following
It A T E s;
Citations on letters of Administration, A c. $2 75
n “ dismissory from Admr'on. 4 50
■i “ “ Guardianship 3 00
Leave to sell Land or Negroes 4 00
Vutiee to debtors and creditors 3 00
Sales of persponal property, ten days, 1 sqr. 1 50
S:;lr i.f land or negroes by Executors,&e. 5 00
Lstravs, two weeks 1 50
for a man advertising bis wife (in advance) 5 00
Letters on business must be Post Paul to entitle
them to attention.
A MARVELLOUS REMEDY!
-OK A JIARVELLOTS AGE!
'r.-A t
I0LLO WAY’S OINTMENT!
THE GRAND EXTERNAL REMEDY.
By the aid of n microscope, we see millions of little
pnings on the surface of our bodies. Through these
s Ointment, \\ hen rubbt d on the skin, is carried to
f organ or inward part Diseases of tne Kidneys,
orders of the Liver, affections oft he heart, In flam ma
il of the Lungs, Asthma, Coughs and Colds, are by
means effec tually cured. Every housewife knows
it t»alt passes freely through bone or meat of anv thick-
iS . This healing Ointment far more readily pene-
testhrough any bone or fleshy part of the lining body,
ring the most dangerous inward complaints, that can-
i be reached by other means.
vsipejus. Salt Rhtniu S: Scorbutic Humors.
So rviiKHly bus ever done so much for the cure ofdis
-cs of ilie Skin, whatever form iliey may assume, as
s Ointment. No case of Sail Kliciim, Scurvey, Sore
ads. Scrofula, or Erysipelas, can long wiilislar.il its
uence. The inventor has travelled over many parts
the globe, visiting the principal hospitals, dispensing
a Ointment, giving advice as to ita application, and
. thus been the means of restoring countless numbers
health.
Sore Legs, Sore Breasts, Bounds and i leers.
some of the most scientific surgeons now rely solely
the use of this wonderful Ointment, when having to
ie with the worst cases of sores, wounds, ulcers,
ndular swellings, and tumors. Professor Holloway
s, by command of the Allied Governments, dispa len
to the hospitals of the East, large shipments of this
ntmenl, to be used under the direction of the Medical
iff, in the worst cases of wounds. It will cure any
er , glandular swelling, stiffness or contraction of the
ills, even of 20 years standing.
PILES AND FISTULAS.
These and other similar distressing complaints can be
'venialIy cured if the Ointment he well rubbed mover
■parts affected, and by otherwise following the print-
dirccliuns around each Pot.
„th the Ointment and Pills should he
used in the following cases:
Mercurial eruptions, .Sores of all kinds
i, Kheumatism,
red hands, Salt Rheum,
lains, Skin diseases,
as, Sore legs,
Sore Ineasts,
aco. Sore heads,
.Sore throats,
Sprains,
Scolds,
Swelled glands,
.Si iff joints,
Ulcers,
Vencrial sores,
Wounds of all kind.
Sold at the Mowrfaciories ofProfeesor Holloway.
Ilaideu Lane, New York, and 244 Strand, London,
by all respectable Druggists and dealers of Mwli
j throughout ihe United .Slates, and civilized world,
ots, at 23 cU., 62i CIS , and §1 each.
j* There is a considerable saving by taking t.ie lar-
nzes N. 3 Direction* for the guidance of pa-
s in every disorder are affixed to each Pot. 13 1}
$30,000
NEW SERIES!
v\W\eru AWVYtarj Academy j,
l LOTTERY. £
( By authority of the State of Alabama.) V|||
f.'OXOrCTEO IIS THE HAVANA I’LAS, -As
ns C to be Drawn on the 1st of MAY,
1*56, in the City of Montgomery,
(100 Numbers—Capital Prize, §8,000!
K’KETS §5, Halves .$2 50; Quarters $1 25
rlz- s in this Lottery arc paid thirty days a.ter
drawing, in bills of specie paying Hanks, wtth-
d. duction—only on presentation of the Ticket
iving the Prize.
ills on all solvent hanks taken at par.
\> All Communications strictly confidential.
SAMUEL SWAN, Ag't and Manager,
Sign of the Bronze Lions,
[ontgomery, Alabama. 1855.
as. Herty, Ag't., Milledgeville, Ga.
VOLUME XXVI.]
MILLEDGEVILLE, GEORGIA, TUESDAY, APRIL*.1856.
INUMBER 45.
For Philadelphia, New York, &c.
Savannah 8t Charleston Steamship Lines-
The well-known lirst class Steamships
KEYSTONE STATE, Captain R. Hakdie.
STATE OE GEORGIA, Captain J. J. Garvin,
Will hereafter form a H'ec/cly Line to Philadelphia,
sailing every Saturday, alternately, from SAVAN
NAH and CHARLESTON as follows:
The Keystone State will sail from Savannah the
follow ing Saturdays—January Ifttli, February 2d
and 16th, March 1st, 15th nnd2i th. Leaving Phil
adelphia the alternate Saturdays.
TheState of Georgia will saii'from Charleston the !
following Saturdays—January 26th, February Itth. |
and 23d. March 8tli and 22d. Leaving Philadelphia ;
the alternate Saturdays.
In strength, speed and accommodations, these I
ships are fully equal to any running on the coast. |
Inland navigation, It'd miles on Delaware River |
and Bay; two nights at sea. Cabin Passage, with !
State Room accommodations and the best of fare, I
$2't from either port. Steerage $3.
Agents in Philadelphia, IIekon & Martin,
Agent in Savannah, C. A. Greiner.
January 30, 1856. 36 Kit
$30,00 0!
•ored Havana plan Lottery!
THE FAVORITE?
’0RT GAINES ACADEMY
LOTTBB. v.
uthority of the State of Georgia.J
4, to be Drawn A P R I L 2Hh» 1856,
pita! Prize, - - - $ 7 ’ 500
•kots .$5, Halves $2 50, Quarters $1 25^3
V:id remember every Prize is drawn at each
g, and paid when due without deduction.
on all solvent Banks at par, All commu-
is strictly confidential.
SAMUEL SWAN, Agent ami Malinger.
Atlanta, Georgia.
it."., Oa.. 1355.
IIerty, Ag't., Milledgeville, Oa.
A If 9 W AAR ANTS:
X pay the highest market value for Land
rants. „ irr
... to A. W. CALLAW A3
dgeville, June 11th, 1855. 2 tf
3 MBIAUC BURIAL
CASES!!
Subscriber has now on band, and will con-
to receive, the various sizes of these CAbacs
i lie otters for sale at very great reductions or.
r prices, for cash, at his Cabinet Ware-Rooms
,sonic Hull Building. ^ K ENFIELD.
Iledgeville, January 14,1856. ****
STATEN ISLAND
FANCY DYEING ESTABLISHMENT,
Office No. 3 John st. (2 doors from Broadway)
HEW YORK.
T he und Tsigued proprietors of this Establish
ment, have fora long time (the senior partner
of the firm, Nathan Barrel!, for 37 years) been
prosecuting their business at Staten Island. They
nave spared no effort or expense, especially in the
last few years, to excel in all the branches of their
art, and have been successful in attaining a high
degree of improvement, as well in the machinery
and apparatus for dressing different styles of goods
as in practical artistic skill. In dyeing and finish
ing Ladies 8ilk, Satin and Merino Dresses, great
improvements have been made. In a large pro
portion of cases, these articles are made, in color
and finish, very nearly equal in appearance to new
goods. Crape Shawls, Cloaks, Mantillas, Velvet
Garments, See., are also very successfully treated.
Faded and stained goods restored or re-dyed.
Silks and Si'b Dresses Watered.
Lace and Muslin Curtains. Carpets, Rugs and
Table Covers cleansed and refinished. Damask
and Morcean Curtains beautifully dyed. Also,
Ribbons, Hosiery, Gloves, &c.
Orders executed with care and despatch. Goods
received and returned by express. Goods kept
subject to the claim of the owner, twelve months.
BARRETT, NEPHEWS & CO.,
3 John St., 2 doors from Broadway, N. Y.
Jan. 22d, 1586. 34 6m
a,000,000 iiBs,
Blilli
T HE undersigned have now ready FOR SALE
and Shipment, Three Hundred Thous
and lbs PRIME NEW BACON, and have in
course of preservation, over Two Million pounds
of Baron and Lard, to which they invite the atten
tion of Planters and Dealers.
Orders accompanied with Cash, Bank Checks, or
Certificates of Deposit, promptlv attended to.
CHANDLER & CO.
Chattanooga, Tenn., Jan. 15,1856. 34 6ni.
THOUtS J. COX,
attorney at law,
NEWTON, Baker county, Ga.
March 18, 185(1. 42 tf
Dr. McLANE’S
CELEBRATED
VERMIFUGE
LIVER PI1.LS*
Two of the best Preparations of the Age.
They are not recom
mended as Universal
Cure-alls, but simply for
what their name pur
ports.
The V ermifuge, for
expelling Worms from
the human system, has
also been administered
with the most satisfactory
results to various animals
subject to Worms.
The Liver Pills, for
the cure cf Liver Com
plaint, all Bilious De
rangements, Sick. Head
ache, tzc.
Purchasers will please
be particular to ask for
Dr. C. McLane’s Cele
brated Vermifuge and
Li ver Pills, prepared by
fL • ^
Vc mu\<\
).\.cb.
TO MARE HON KY
E QUAL in every particular to that manufac
tured by Boos, at a very small cost per pound,
no apparatus necessary, but what is fuund in every
kitchen. The ingredients can be obtained in al
most every village; and whether Medically or
Chemically speaking, this Honey will be found to
be the same as that made by Bees, while as a lux
ury, nothing can be more wholesome. The right
to make and sell this Honey, with full instruc
tions, will be sent to every person who will enclose
ONE Dollar and a stamp, to
JOHN E LAMAR,
Columbus, Georgia.
Registered letters at inv risk.
March 2ft, 1856. ' 44 3t*
U
sole proprietors, Pitts
burgh, Pa., and take no
other, as there are various
other preparations now
before the public, pur
porting to be Vermifuge
and Liver Pills. All
others, in comparison
with Dr. McLane’s, are
worthless.
. The genuine McLane’s
Vermifuge and Liver
Pills can now be had at
all respectable Drug
Stores.
FLEMING BRO’S,
60 Wood Sx., Pittsburgh, Pa.
NqIc Proprietor*,
Scoril S( Men I, No. Ill Charles st. New Orleans
General Wholesale Agents for the Southeni
States, to whom all Orders must be addressed.
'p;r- Sold by E. J. White; Jas. Herty; Wm. L
White & Co,'Milledgeville; Geo. Pay"®- ^
Stroheker, Macon; L Newell, Gordon; Beall &
Chambers. Iwinton; W. H. Burnett, Sparta; Z.
Grav, Sandersville; Long & Durham, Jefferson
ville; N. S 1’iuden, Eatonton; Hurd & Hun-
gmford, Monticello; and by one agent in every
town in the State. [march 2o, on, ly
Huddle, llarm-iN nud I.eutfcer Btuxe.
k At his old stand, near the Post Office.
THE subscriber has just received from New
York, a chice selection of
Lamin’ and 6»lleai»»’ Huddles,
Saddlery, Bridles, Carpet Bags, Saddle Bags, Whips
Spurs, Harness and Sole Leather, Kid and Calf
Skins, Lace Leather, Sfc. Sfc.
Saddles and Harness manufactured and re
paired on short notice.
CP Also Boots and Shoes, manufactured and
repaired to order, with ^^OWN.
Nor. 14,1854. 24 *
BRUNSWICK CITY, GEORGIA.
Peremptory Sale of Building Lots.
YTYHE Proprietors of the City of Brunswick herc-
J- bv give notice, that a peremptory sale of 300
eligible Building Lots will take place, hv Public
Auction, at the glethorpc House, in said City, on
THURSDAY. MAY 15th, 1856, at 12o’elock,nocn.
Sales positive, to the highest bidder. Terms, 10 pr.
cent, cash, on the day of sale; balance in annual
payments of 10 percent. Payments, with inter
est, secured on the property. Warrantee deeds
given. Title perfect.
The Port of Brunswick lies about midway on
the const of Georgia, in latitude 31° north, longi
tude 81° :tf/. The harbor affords the best anchor
age, and is accessible at all times to merchantmen
ot the largest class. Surveys have been made by
order of the Navy Department; preliminary to the
establishment of a Naval Depot. The port and
city of Brunswick hold out commercial and mari
time advantages superior to those possessed by
any other South of the Chesapeake Bay. The cli
mate is healthy at all seasons.
The Brunswick and Florida Railroad Co., pro
pose do open the first division of their Road, from
Brunswick to the St. Ilia River, on the day of sale
—being the day on which the Stockholders of that
Company will hold their Annual Meeting.
Further particulars may be had at the office of
the Company, 4 Wall street, New York; or of Col.
CHARLES L. SCHLATTER, Chief Engineer B.
and F. R. R., Brunswick, Georgia.
II G. Wheeler, Sec’y., P.C. B.
New York, March .!d, 1856. 43 5t
BRUNSWICK & FLORIDA RAIL ROAD.
“IVTOTICE is hereby given, that the Annual Meet-
il ing of the Stockholders of this Company will
he held at the Oglethorpe House, in the city of
Brunswick, Georgia, on Thursday, May 15th, 1856.
at 10 o’clock, A. M., for the election of Directors
for the ensuing year, and for the transaction of
such other business as may bo presented. The
Company propose to open the first division of their
Road, from Brunswick to the St. Ilia River, on the
day above named:
Bv order of the Board of Directors.
II. G. WHEELER,
Secretary B. & F. R. R. Co.
New York, March 3d, 1856, 43 5t
DYSPEPSIA—ITS REMEDY!
‘BUSS’ Dyspetic Remedy.
A new medical compound, and the re-ull ol'Iung prac
tice, extensive olmerva iun and close study of aJi forms of
disease having their origin in a diseased state of Ihe
stomach, adapted lo every stage of those <1;scare’s from
iheir incipient symptoms lo those in which they have as
sumed the Chronic form. This remedy and the treat
ment prescribed to accompany the ta'sii g of the medi
cine, hnve Ihe sanction of years of successlul application
in private practice. It was not suddenly Hi'r Mopt.nor
d named of, hut is the assertion of taels and experiments
collected in Ihe daily rounds of duty os a practising phy
sician, and is given to ilia public in a popular form, in
the hope, as in the belief, that it will nut fail in giving
relief to the sufferer from Dyspepsia and all other dis
eases having their origin in the stomach, in any instance
where the directions are properly attended lo. It is en
tirely dissimi'ur to any and every preparation of the kind
now before the people. The originator entertaining views
and opinions somewhat at variance with the prescribed
notions among medical men generally as regards the na
ture of these diseases, has in this preparation brought to
gether medical agents of known utility and worth in the
form of a new combination, making a compound alto,
gether anil entirely new, and one that will not fail to
cure in the most agravaled and aluhborti casses of the
diseases refered to, providing th^nedicine is properly
taken, and all the accompanying directions followed out
The undersigned i well aware that the same encour-
agment has been given, and the sam" prom ises have al
ready been made over and over again by manufacturers
of patent medicines as regards their different prepara
tions, and the only voucher he has to offer for the cura
tive qualities of this preparation, is the reputation of suc
cess in “Chronic Cases,” that he gained throughout
Middle Georgia while in the practice of his profession
Ho would a'so for the purpose of giving additional
weighl to whatever he may say as regards this new pre
paration, beg lo refer to the fact that he is the origina
tor manufacturer, and proprietor of the medicine known
as ‘-JACOBS CORDIAL," the curative properties of
which in Cholera, Dysentery and diarrhote is now being
proclaimed by thousands in every section of the country,
and as being all that he ever said of it.
Dysjs psia, like Gout may he said to e a fashionable
disease; it, more readily than any other, in various of ns
forms, and to a greater extent, finds Us victims in the
wealthy anil aristocratic circles, especially in cities,and
its insjdeons workings are often the real, llioiigh undis
covered eg use of the sallow efteek, the dull, heavy eye,
and the general inertia; indisposition to either raenlafor
physical rffort, which are erroneously attributed tooth
er causes. As a remedy in Dyspepsia, this preparation
siauds at the head cf all others in establishing » healthy
anti vigorous action of the various organs, and restoring
to their natural functions t.bose organs which have been
prevented by ibis disease.
NERVOUS SUFFERERS; This preparation is also
particularly recommended, as well as to those suffering
from Diseased Liver. In weak and debilitated systems,
it will be found as possessing tonic properties to a pre
eminent degree and very admirably adapted to a large
portion of the female sex whose debilitated and worn
out constitutions rrq lire an artificial restorer.
BLISS’ DYSPEPTIC REMEDY, is put up in Pack
roes, in the form of Powders, with full directions for
mixing it into liquid form before taking. Each package
contains sufficient of the powder for a pint of mixture.
Retail Price. S2 per package; and for sale bv
Wm L. White <fc Go , Druggists, Milledgeville; and of
Wm. Barnes, at the Federal Union Office
This Remedy is pul up secure, and can lie sent hy Mail
to any part of 11 e United Smies All orders addressed In
either of the above named, enclosing two dollars, will
rective by return mail, a package of Bliss Dvspeftic
Remedy, (postage-paid ) (march 19, 3» 42
“He Plus Ultra” Scheme!
HAVANA plan LOTTERY!
Jasper Comity Academy Lottery!
[By Authority of the State of Georgia.']
Class M, will lie Drawn lay 15th 1856, in
MACON, Georgia.
T HE Manager having unnounced his determin
ation to make this the most popular Lottery in
world, offers for MAY 15th, a Scheme that far
surpasses any Scheme ever offered^ in the nnirals of
Lotteries. Look to your interest! Examine the Cap
itals. One. Prize to crery Eight Tickets!
$50,000,
Grand Scheme, Drawn M A Y. 15.1856
When Prizes Amounting to $50,000.
Capital, $13,000!?
1 Prize of..
1 do
2 do
1 do
5 do
f 12,000
5,000
.... 3,000
... 2,000
.. 1,000
10 Prize 500 are
60 do 50 are
120 do
500 d»>
500 do
5.000
3.000
3.000
5.000
4.000
1200 Prizes in all amounting to $50,000
E3P Tickets $8—Halves $4—Quartern $2.
Every Prize drawn at each drawing, and paid
when due, in full, without deduction.
All orders, rely on it, strictly confidential. Bills
on all solvent Banks taken at par. Registered
money letters at my nsk. Drawings sent to all or
dering Tickets.
AdSress JAMES F. WINTER, Manager,
Macon. IS55. Macon, Ga.
Ross of Pickets of Class 1.
By the late accident on the Seaboard and Roan
oke Rail Rond, the Tickets of Class L., for April
15th in their transit from Baltimore, m charge of
Adams’ Express Company, were destroyed by fire,
consequently there will not be any Dmwtng of that
Class. The Drawing will be Class M.—May 15th
the “Neplus Ultra” Scheme.
Very respectfully, J
March 18,1856.
F. WINTER,
Manager.
UVD WARRANTS WANTED!
June 25, 18>5.
Speech of Hon. 4. I. Stephen.
OF CEOSHIA;
De/irered in the House tf Representatives,
March 11, 1856.
The resolution from the Committee of
Elections asking for power to send for
persons and papers in the K.ansas-elec-
tion case being before the House for con
sideration—
• Mr. Stephens said:
Mr. Speaker: It is not my desire to pro
long this debate, nor do I expect to pre
sent any new points on the merits of the
question before the House. 1 wish, and
intend only in what I have to say, to en-,
large upon and enforce some of the points
made in the minority report on your ta
ble. I wish, too, in what I have to say,
to have, the ear of the_House rather than
the ear of the country; not that I do not
want the country to hear what I say, but
my main object is to address myself this
morning particularly, especially, and em
phatically to the attenrv&n of the House,
and upon the question before us. These,
sir, are grave questions. They are ques
tions involving principles of the first mag
nitude; they are questions of a judicial as
well as political character of the highest
order, far above the small consideration of
which of two men shall have a seat as a
delegate here. In deciding them, we sit
not as legislators, hut as judges. Our de
cision upon this resolution, whatever it
may be, will be an important precedent in
the future history of this country. W e should,
therefore, not act without due deliberation,
careful reflection, and a full understanding
ofthe principles involved; and we should
also be strapped, as far as possible, of all
party bias and all political prejudice.
The proposition before us is one of an
unusual character. It is for this House to
exercise one of its extraordinary powers—
that is, the power to send for persons and
papers in a case before us, sitting as a
court judging of the qualifications, elec
tion, and return of one who occupies a seat
as a territorial delegate upon this floor.
Now, sir, I do not question the power of
the House to exercise the authority in
voked. The gentleman on my right from
Pennsylvania, [Mr. Kunkel,] in his re
marks yesterday, spoke as if he thought
those of us who oppose the resolution now
pending denied the power to send for per
sons and papers in case of contested elec
tions; and he cited cases in which it has
been done. On this point I wish to be
distinctly understood; I do not deny the
power in a proper case; though no instance
of its exercise has occurred since the act
of Congress of 1851, regulating the mode
of taking testimony in case of contests for
seats here; and no case need ever occur,
as far as I can see, so long as that law re
mains on the statute-book. Its provisions
are full and ample. But should the case
occur where it may be necessary, in order
to get proper and competent testimony to
establish any fact that the House can le
gitimately and properly inquire into in
6uch investigations, to send for persons
and papers, I do not question their power
to do it. What I maintain is, that the
power can be rightfully exercised only
when it is done to procure testimony which
is in itself relevant, pertinent, competent,
and admissible to prove such facts as the
House can properly consider and look in
to. Nor do I wish to be understood as be
ing inclined in the slightest degree to op
pose investigation in this case to the fullest
extent that can be properly gone into by
us. Within these limits I am in favor of
the House taking the widest range and
greatest latitude of investigation. But is
the question before us such a one as would
allow a hearing of the testimony sought to
be obtained even if it were at hand? I
think it is not. It is to this point 1 now
speak.
What, sir, is the character of the testi
mony which is asked to be sent for? And
what is the object of it if obtained? Sift
the whole matter—get rid of the rubbish—
go through both reports; and does not the
real gist of this application amount to this:
The memorialist wishes witnesses sent for
to prove the invalidity of the law of a Ter
ritory of the United States, under which
a sitting delegate was elected, on the
ground that the members of the legisla
tive assembly of that Territory which
passed it were not properly and legally
elected. Is not this a fair statement of the
proposition as it now stands before us? It
was to get this clear view of its merits be
fore tbe House that I moved, when it was
here before, to refer tbe proposition back
to the committee, to have their reasons and
grounds for making it reported to the
House. We now have their reasons; we
now know what is this object; and have I
not stated it fully and fairly? Then, sir,
is the testimony competent if it were here?
Mark you, we sit as a court. Would it
be admissible in tbe trial of any case in
any eourt—in a criminal case, for in
stance—to permit a party to offer evi
dence to impeach the validity of the. law
under which the accused was arraigned by
showing that the legislature that passed
the law was not properly elected and legally
constituted? The valdity of a law may be
inquired into and judged of by a court on
some gounds which might be stated. The
constitutionality of a law may be decided
upon—that I do not question; but never
upon this ground The rules governing
all courts in passing upon laws and con
struing statutes I need not here 6tate. But
no court, in judging of the validity of a
statute on any of the grounds they take
cognizance of, will ever allow an inquiry
into the legality of the election ot the
members of the legislature that passed it.
No case can Be found of this character in
the whole history of civil jurisprudence.
The reason courts of law will not allow
such inquiries to be made before them is,
that the decision of all such questions prop
erly belongs to another tribunal—to the
houses, respectively, of the law-making
power itself; and their decision, when
made, is considered as the judgment of a
court of competent jurisdiction, which no
other court will inquire into. And this
House, sitting as a court as it now does,
cannot inquire into any fact invalidating
or impeaching the validity of any law,
either of the United States, a State, or
Territory, which any other court could
not inquire into. I assert this as a princi
ple that cannot be successfully assailed. I
call upon gentlemen who occupy a contra
ry position to show a case, if they can, in
this or any other country, where the va
lidity of a law in any court of justice was
ever allowed to be impeached by inquir
ing into the legality of the election of the
members of the legislature that passed it.
That is what we aro now called upon to
do; aud that is what I assert we have no
right to do. Why, sir, it is a fundament
al maxim of the English law, laid down by
Sir Edward Coke, ilhjstrnted W Sir Wil
liam Blaekstone, and enforced by every
writer on the subject, both English and
American, that'it is an inherent right of
the High Court ofParliament-from which,
as a model, all our legislative, parliament
ary bodies have sprang-—to settle for it
self all questions touching its own organi
zation; and w hen sneh questions are thus
settled, they cannot be inquired into else
where.
What is the question before us? Under
that clause cf the constitution whiclf se
cures to this House the right and power
to judge ofthe qualifications, elections,
and returns of those who may be entitled
to hold seats on this floor, we have brought
to our consideration the right of the sitting
delegate of tbe Territory of Kansas. Into
his qualifications, election, ami return wc
have full power to go, and to determine
all questions pertaining either to his qual-
fications, his election, or return. But in
doing this, we are asked to take a step
further, and to judge not only of his elec
tion, return, and qualifications, hut to go
into an investigation and judge of the
qualifications, elections, and returns of the
members of the legislative assembly of
Kansas which passed the law under which
it is admitted he was elected. I say, sir,
according to the principle which I have
laid down, no case in the parliamentary
history of England, from which all our in
stitutions have sprung, or in this country,
can be adduced to justify or warrant it.
I beg leave to call attention to some au
thority on this point. I read from Sir
Edward Coke, (4 Inst., p. 15.) In speak
ing ofthe High Court of Parliament, he
says:
“And as every court of justice hath laws
and customs for its direction, some by the
common law, some by the civil and com
mon law, some by peculiar laws and cus
toms, &c., so the High Court of Parlia
ment, suit propriis legihus et corwuetudini-
bvs svhsistit. It is lex et consuetudo par-
liamenti.
“And this is the reason that the judges
ought not to give any opinion of the mat
ter of Parliament, because it is not to be
decided by the common laws, but .secun
dum legem et consuetudinem parliamenti;
and so tbe judges in divers Parliaments
have confessed.”
On any matter relating to the constitu
tion, organization, rights, or privileges ol
the members of the House of Lords the
Commons cannot intefere. In like mat
ters, relating to the organization of the
House of Commons, the Lords connot in
terfere. No other court in the kingdom
can interfere. The highest court of the
realm—the King with the prerogatives of
the Crown—cannot interfere. On all
these matters each house is a court with
full, ample, absolute jurisdiction over the
whole subject. And when they are deter
mined by that court, with full and compe
tent jurisdiction over tho subject-matter,
its judgment cannot be inquired into by
any other tribunal. Sir Edward Coke says
further, on page 50, same volume:
“Thus much have we thought good to
set down concerning knights, citizens, and
burgesses; because much time is spent in
Parliament concerning the right of elec
tions, &c., which might be more profitably
employed pro bono publico.”
This latter remark is not very inappli
cable to our condition. But the author
goes on:
“Now, to treat more in particular (as it
hath been desired) of tbe laws, customs,
liberties, and privileges of this court of Par
liament, which are the very heart-strings
of the Common-wealth, * * * would
take up a whole volume of itself. Certain
it is. as hath been said, that curia parlia
menti mis prapriis legihus subsistit.
And he goes on to say that it does not
belong to the justices of England, or the
barons of the exchequer, to judge of any
of these matters coming within the juris
diction of this court of Parliament. Now,
sir, 1 invite attention to what fc>ir \\ illiam
Blaekstone says on this subject in liis
Commentaries, with which all of us ought
to be familiar. After referring to these re
marks of Coke, and affirming them, he
says, in vol. 1, p. 163:
“It will be sufficient to observe that the
whole of the law and custom of Parliament
has its orginal from this one maxim, ‘that
whatever matter arises concerning either
House of Parliament ought to be exam
ined, discussed, and adjudged in that
House to which it relates, and not else
where.’ Hence, for instance, the Lords,
will not suffer the Commons to interfere in
settling the election of a peer of Scotland;
the Commons will not allow the Lords to
judge ofthe election of a burgess; nor will
either house permit the subordinate courts
of law to examine the merits of either
case.”
All such matters are to be decided by
the houses of Parliament, respectively,
not arbitrarily, but according to the us
ages, customs, and precedents in like ca
ses, which constitute the lex parliamm i,
or law of Parliament; but when decided,
whether right or wrong, there is no pow
er to reverse the decision. Just so, sir,
with us; when this House passes judg
ments upon the qualifications or election of
a member here, it is final and conclusive.
Here the matter is.to be examined, dis
cussed, and adjudged-, and, when adjudg
ed, it cannot be inquired into elsewhere.
So with every legislative body. On this
point I now call the attention of the
House to what Mr. Justice Story says
upon the same subject, in speaking of this
clause, in his treatise upon the constitu
tion ofthe United States. After quoting
the clause of the constitution which pro
vides that each-honse shall judge of tlm
qualifications, elections, and returns of
its own members, he says, in vol. 11, p.
295:
“The only possible question on such a
subject is as to the body in which such &
power shall be lodged. If lodged in any
other than the legislative body itself, its
independence, its purity, and even its ex
istence and action, may bH destroyed or
put into imminent danger. No other
body but itself can have the same motives
to perpetuate and preserve these attrib
utes; no other body can be so perpetoally
watchful to guard its own rights and priv
ileges from infringement, to purify and
vindicate its own character, and to pre
serve the rights and sustain the free choicg
of its constituents. Accordingly, the pow
er has always been lodged in the legisla
tive body by the uniform practice of Eng
land ana America.”
If more authority is desired on this
point, I refer to Kent’s Commentaries,
Tucker’s,and to all writers on the subject.
It is the uniform practiced this country,
adopted from England, to leave the ad
judication of all questions touching the
elections and returns of members of legis
lative bodies to those bodies themselves.
The principle runs through all our State
legislatures. It lies at the foundation of
all our representative institutions. It is
recognised even in all our voluntary as
sociations and conventions, whether civil
or ecclesiastical. There can be no effi
cient political legislative organization
without it; and when the legislative body,
to which the question belongs, has made
its decision, there is no appeal to any other
power. It is a thiol judgment rendered.
It is so with the decision trf lliis House
on such questions—it is so with the de
cisions of the Senate on like questions. It
is so wi;h the State legislatures, and it
should be so in Kansas. If the election of
any members of the legislature there, eith
er of the house or the council, was illegal,
the proper place for an inquiry into it
was there. And if any person wishing to
contest those elections failed to present
their case there before the proper tribunal,
they cannot come here to do it. If we in
quire now into the legality of those elec
tions for the purpose of disregarding or
invalidating the law passed by the legis
lature under which the sitting delegate
was elected, why may we not inquire into
the validity of the law of Congress organ
izing that territorial government, upon the
grounds that some of the members of this
House who voted for it in the last Con
gress were not properly elected! or on the
ground that some of the senators who vot
ed for it were chosen by members of State
legislatures not properly elected? And
this, too, on the still further ground that
some of the sheriffs or returning officers in
the State elections for members of the leg
islature perhaps were not legally elected
or qualified? If you open the door to
such an investigation as that now sought,
where are we to stop? Who can see the
end of this begiuing? Whose vision can
take in the wide extent of that vast region
of uncertainty, insecurity, abounding in
hidden, unseen dangers and perils, your
course may lead to? I hold, sir, that if a
law should be passed by the votes of mem
bers now upon this floor, who may hereaf
ter be turned out because of the. illegality
of their election, the validity of such law
so passed can never be inquired into either
by any court of the ltyid, or even by our
selves, on the ground of its having been so
passed And though a law may be passed
in a State or territorial legislature by th«
votes of members who may afterwards be
turned out, because of the illegality of
their election, yet the validity of such a
law can never be questioned in conse
quence of that fact. But if the principle,
now advocated for the first time in our his
tory, shall be established, and the prece
dent be followed up, yon unhinge all leg
islation; you bring everything like law
amongst us into uncertainty, doubt, and
confusion; you cut the “heart-strings,” as
Coke says, of our whole system of govern
ment; you take the first step, and, if it be
pursued, that which will prove to be a fa
tal step towards political and social an
archy. I enter my protest here this day
against it.
I repeat, sir, these are grave questions.
I give you, Mr. Speaker; and the members
,of the House, as my fellow-judges in this
matter, my views of the rules which should
govern us in the judgment we are to rend
er in this case. Weigh them, as they
deserve, and give them such consideration
as they merit.
But the gentleman at niy right, [Mr.
Kunkel,] who addressed us yesterday,
asked, if the- allegations be true as here
made, that a set of usurpers assumed to be
the legislature of the Territory, are we to
be bound by that assumption? I say to
him, no. The countenance of any usurpa
tion and the exercise of prerogatives not
duly belonging to any body of men, even
ourselves, is what i am against. There
must be sometliiug more than a bare as
sumption of legislative authority to entitle
the acts of any body of men to be recognis
ed as emanating from a body clothed
with power to make laws The law-
making power of this country must rest
upon some better showing than bare as
sumption. It must come into being in tbe
proper and legally-constituted way. This
is well understood in America. We are
not by any means legitimists, in the
European sense of the word; but we re
cognise that government as legitimate
which springs into existence by the will of
the people, as expressed under the forms
of law passed by the regularly-constituted !
authority of the land. A government so
presenting itself we regard not only as the
government of the people de facto but de
jure.
And now, sir, how is it with regard to
this legis^ure of Kansas? We have a
law of Congress authorizing it. It is fam
iliar to all. That law organized the Ter
ritory of Kansas; the law permitted the
people there, under the direction of the
governor, to hold elections for members of
the territorial legislature, with power to
pass laws regulating the election of a
delegate to Congress. This organic law of
the Territory emanated from ourselves.—
A govenor was appointed in pursuance of
it. The governor, the judiciary, the
whole machinery of the government there
was legally constituted by ourselves—by
Congress; and the forms prescribed,
through which this territorial body exer
cising legislative functions came into ex
istence, emanated from the highest autbori
ty known to us under the constitution.—
These facts are admitted. No person
questions the public law creating the
territorial legislature. Nobody questions
the legal appoin ment of Governor Reeder.
Nobody questions the proclamation be
issued to hold an election on the 30th of
March, 1855, for a territorial legislature, in
pursuance of onr law. lhese are all ad-
mitted facts. If anything irregular,, then,
attended the election of its members, it
presented a question to be inquired into
and adjudged by the proper authority,
just as similiar matters are enquired into and
settled in other election of legislative
bodies—just as we inquire into such mat
ters pertaining to our own organization.—
When, therefore, R‘admitted that an
election for members of the territorial
legislature was held in Kansas on the 30th
of March, as stated, <in pursuance of law,
under the direction ofthe legally-constitut
ed authorities ofthe country, we are bound
to recognise the Body so coming into life as
legitimate in its origin. It certainly did not
spring from usurpation; nor does it rest its
claims of legitimacy upon bare assumption.
It had its birthin a legal way.
- But here comes tbe argument from the
other side that it was spnridlM, because the
members who constituted it wetter not
properly elected in conformity to tee laws
under which it was created. WelL sir,
that was a judicial question to be settled
and determined by the lex parliamenti ac
cording to the authorities I have cited, and
the universal practice of this country in
like cases. It does not come within the pur
view of the powers of this House to settle
that question. It was an inherent right in
the houses of the Kansas legislature to
judge and decide upon the qualifications,
elections, and returns of their own members
respectively. This power, says Story, by
universal practice in England and in thia
country, is lodged in every legislative
body to determine for itself. It is, indeed,
one of the vital functions of the organism.
The question was a judicial one, which
some body was to determine; and what
body was it? The courts ofthe country
(say all the authorities) cannot take cogni
zance ot it. Governor Reeder, as it ap
pears fr*m the papers before us, insisted
that it was right, under the law empower
ing him to prescribe the rules, governing
the election, to decide it; and the two
houses of the legislature, insisted that it
was their parliamentary and legal right to
decide it. My opinion is, that the houses
were correct in their position. But, be
that as it may, the merits of the question
before us are not affected by it either way;
for, if Reeder, as governor, had the right, it
is an admitted fact that, out of twenty-six
members composing the bouse of repre
sentatives of Kansas, he, as governor,
claiming the right to judge of this matter,
did judicially and not ministerially, award
certificates to seventeen of these members,
as having been duly and properly elected,
on the 30th of March, in pursuance of bis
proclamation duly aud legally made. And
like certificates he gave to ten out of the
thirteen members composing the council.
Thus a large majority of both branches of
the Legislature were adjudged by him to be
duly chosen and returned members thereof
—members whose election, he now r says,
was carried by an invasion, and that they
held the places which he assigned them by
nothing but usurpation! 1 am not now
upon the question of bis estoppel; I am
considering the question of his right to
judge and, in that view, the effect of bis
judicial judgment rendered in the case.
Keep in mind that, upon every question
before any tribunal which has the sole and
absolute right to judge in the matter, when
the final judgment is rendered, it is forever
conclusive upon the points, embraced in it.
Elections were held in May, by order
of the governor, to fill the places of
the nine members and six councilmen re
jected by him at the March election. To
those elected in May to fill those places he
gave like certificates. Every man who
took his seat in the legislature at its organ
ization was adjudged and certified by the
governor to be entitled to it. The legisla
ture, therefore, if the governor had the
right to> judge, was legitimately and
legally constituted; and their claims to be
recognised as the proper law-making power
of the Territory rest not upon bare assump
tion or usurpation. And, on the other
hand, if the bouses had tbe right to settle
these questions touching their organiza
tion, the result is the same; for they, too,
settled the question the same way as to
the original seventeen members of ^ the
house and ten councilmen, and their judg
ment must be conclusive upon the fact that
a majority of both houses were properly
constituted. In either view, therefore,
we may take as to the hands in which this
power of judging was lodged, the question
is a closed one; it is res adjudicates, and
we have no right now to opeu it. I repeat,
I am not now upon the point of Reeder’s
individual or personal estoppel in law.^
What I affirm is, that this question, from
admitted facts, is closed; judgment has
been rendered, and there is no appellate
jurisdiction in this House, nor in any other
tribunal. We can no more open this ques
tion than we can that ot the proper organi
zation of any State legislature-
The gentleman on my right, to whom I
have alluded, [Mr. Kunkel,] said, in the
course of his remarks yesterday, that we,
this House-, have- got a right to go, and
have often gone, into an inquiry into the
validity of the laws of the States in judg
ing of elections to this House. Sir, I do
not deny this. I admit that we may pass
upon and judge ofthe validity of any law
coming before ns in such eases,just as any
court may do, aud upon just such grounds,
and such grounds only, as courts may
properly do. The grounds upon which
this inquiry is sought courts will never in
quire into, and we have no right to do it. -
There are some matters touching legisla
tion and the rules governing the lavv -ma-
ing power which must be considered as
closed: and when judgment is rendered in
them it (must stand until tbe great day
of judgment.
Mr. SIMMONS. Will the gentleman
allow me to ask him a question?
Mr. STEPHENS. With pleasure.
Mr. SIMMONS. I ask whether a judg
ment it valid for any purpose whatever
until it be shown that tbe party in whose
name it is is the true pe^fy ^ . ,
Mr. STEPHENS. To ascertain the
true and proper party is part of ^the pro
ceedings before judgment. That is one of
the matters to be settled by the judgment,
and when onee settled by judgment fi nally
rendered by a court of competent jurisdic
tion over th* subject matter, it is settled
forever. Whether the party in whose
favor it be rendered be the true party or
not cannot be enquired into afterwards or
elsewhere. And so in this instance per
sons presented themselves as the elected
representatives of the people of Kansas in
their legislature. They presented their
credentials; the governor, claiming the
right to pass judgment judicially in their
favor, certified that they were the proper
and true party, x bey then took up their
own credentials in the usual way of legisla
tures, and came to a similiar judgment a*
to a large majority in both houses. That
judgment viewed either way you please,
is final on that question. That is my
answer to the gentleman.
But the gentleman from Pennsylvania,
in speaking of the inconsistency of Gover
nor Reeder’s course—for even he seemed
ready to admit his great inconsisten-
C1< Mr. KUNKEL. No, sir; I said it was
not necessary to my argument to prove
that Governor Reeder was consistent.
Mr. STEPHENS. And the gentlemwi
added that he could not speak for his con
sistence. Now, what I was abont to sub-