Page:The History of Slavery and the Slave Trade.djvu/726

, is not in the provisions of constitutions and laws, but that here changes in the administration of those laws have been made peacefully and quietly through the ballot-box. This invasion is the first and only one in the history of our government, by which an organized force from one state has elected a legislature for another state or territory, and as such it should have been resisted by the whole executive power of the national government.

Your committee are of the opinion that the constitution and laws of the United States have invested the president and governor of the territory with ample power for this purpose. They could only act after receiving authentic information of the facts, but when received, whether before or after the certificates of election were granted, this power should have been exercised to its fullest extent. It is not to be tolerated that a legislative body thus selected should assume or exercise any legislative functions; and their enactments should be regarded as null and void; nor should the question of its legal existence as a legislative body be determined by itself, as that would be allowing the criminal to judge of his own crime. In section twenty-two of the organic act, it is provided that "the persons having the highest number of legal votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council, and the persons having the highest number of legal votes for the house of representatives, shall be declared by the governor duly elected members of said house." The proclamation of the governor required a verified notice of a contest, when one was made, to be filed with him within four days after the election. Within that time he did not obtain information as to force or fraud in any except the following districts, and in these there were material defects in the returns of election. Without deciding upon his power to set aside elections for force and fraud, they were set aside for the following reasons:

In the 1st district, because the words "by lawful resident voters," were stricken from the returns.

In the lid district, because the oath was administered by G. W. Taylor, who was not authorized to administer an oath.

In the Hid district, because material erasures from the printed form of the oath were purposely made.

In the IVth district, for the same reason.

In the VIIth district, because the judges were not sworn at all.

In the XIth district, because the returns show the election to have been held viva voce instead of by ballot.

In the XVIth district, because the words "by lawful residence" were stricken from the returns.

Although the fraud and force in other districts were equally great as in these, yet as the governor had no information in regard to them, he issued certificates according to the returns.

Your committee here felt it to be their duty not only to inquire into and collect evidence in regard to force and fraud attempted and practiced at the elections in the territory, but also into the facts:id pretexts by which this force