The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-11-10
To Hon. ]. W. WHITFIELD.


will be authorized by me
To Hon J. ". WHITFIELD.
OCTOBER IL, 1856
sm am in receipt Of paper bearing your signature
dated 10th instant in which requested 10 take notice
that You viii contest my right in the next Con-
of the United States congressional delegate the
Territory OF Kansas and that the dispositions Of witnesses
to prove the invaldiy of the law under which my cleo
lion took place and the egaly Of votes cast for me on
the first day Of October instant win be taken certain
times and places and before certain legal fanctonarie in
the said paper particularly specified
also invited to be present at these times and
places 10 crossexanine the witnesses and am further
notified that other notices which may receive for the
same purposes, signed by G. p Lowry ESQ, r. Coates
esq, NJ. J. PARROT, esq, or G. W Brown GEO. on your
behalf viii be acknowledged BY you.
The FIRST remark that shall make in reference 10 thi.
most singular notification is that nasmuch as you have
left the Territory aud have designated place at which
You be addressed and as the subject mat
ter is Of public rather than Of private eoncernmsn deem
proper TO reply through the medium Of the public press
observe that whilst you declare an intention OF con-
testing my right in the Congress Of the United
States you specify ground upon which entiie your
self to enter into such controversy BY the panes prn
ciples Of sense and common law the man who
seeks drag another before the tribunals OF the country
bound 10 show that lie has right to be asserted or
wrong be redressed In the absence Of such showing
he has no right TO put any upon the defensive nor
invoke the fundamentally of The law You have not
alleged that any rights Of yours have irfrnged Nv
M election, and consequently BY your showing you
are precuded from making Yourself party TO such
test as that in which you seek 10 engage.
The idea OF running all the Terrory FOR the pur-
Of collecting testimony prove Hihe nvadity of the
law under which was elected is absurd ard betrays
shameful ignorance oil the institutions under which
live In this country The validity or invalidify Of laws il
determined by courts competent jurisdiction created or
the purpose and not by the oahs Of witnesses however
numerous, intelligent truthful The same remarks are
applicable TO the project Of proving BY oral testimony
liegaity ofvotes for the FIRST day OF October
instant
The legality illegaIy Of ia OF legal de-
ducton be drawn from the facts of the particular
and itself fact susceptible ofbeing established by any
kind Of testimony. For these, and other which
might be assigned you win readily perceive that refuse
recognise you having any rights in the premises
decline giving attention TO The subject matter of your mott
fcaton.
Ii Inconsistency coming from such quarter were
worthy Of remark would advert your proposition to
dispositions before some Judge Justice or other COM
petent person merely observing thai in this Territory such
officers the creatures Of that law whose validity you
deny.
But though you have forborne to assign any valid
Of the hopes and purposes b. which you and your con-
federates actuated When you into this Terrific
ry instead Of oevoting your energies in good faith the
discharge of your official duties and preparing the way
for the introduction Of laws adapted the condition Of
society, your whole time occupied in fraudulent de-
vices for enrchng yourself and for shaping the in
ternal legislation Of the country to preponder
TO your sbolitionis and free-so party Some
Of your peculations grossly immoral and illegal
that II became my duty to denounce them in the proper
quarter and for them you eventually removed from
Office For this denunciation you became my bitter per-
sona enemy, and this is Of your mpoen effort
10 have my election annued.
When after many months Of needless anarchy and
fusion in the Territory you length yielded mpor
tuDies Of the people for the election Of legislative
bly, and issued your proclamation for that purpose you
thought that you had taken for having
whelming majority Of your political allies the ground
But in this you were destined disappointment and Of
the thirty members composing the two houses Of The
legislature thiry-eght your political opponents
This body you convened at the remote town site for town
il was mott Of Pawneo in order that by making il the tenn
porary seat Of government and by the expenditure Of pub
lie money there, you might be further enriched OF
the owners Of that locality.
The place being destitute Of houses Of all kinds Of
rooms in which deliberate and Of all The necessaries
to say nothing Of the comforts Of life the assembly at
early day adjourned place where TIE wants Of its
members could be better supplied This removal 50 inn
peatvely called for BY The circumstances and fully
thorized by preceden have chosen 70 make
the preext upon which invaldate the whole code Of
laws enacted by that body that your eounse should
prevail the people Of the Territory would be as much with
out the protection Of law to-day they rear ago
when you first came amongst them.
Being thus foed in all your undertakings disappointed
In some Of your hopeful prospects o gain defeated in
your hopes Of having legislature subservieni 10 your
views and the sword Of justice long suspended over you
having at length fallen you moodiy retired for the
cocsion Of new mischief You FIRST in oonclave
with ihe rabd sboonists Of the Territory putting
forth doctrines subversve Of all law and good government
denouncng the Of the legislative assembly, though
that body was elected in pursuance Of your procls
nation and the members bore your certificate Of election,
void and Of no binding force and edging yourselves to
united resistance.
As part Of the disorgsnzins schemes adopted, and
doubtless suggested by you, mock election was deter
mined be held the 9Th iHsi or delegate to Congress
Notwithstanding that the frst of The month the day
legally prescribed for that purpose AT such pretended
election held not only without color Of lsw bn In oTsu