Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1855-11-14

Il. Coates, Esq, NJ. D. l'afrptt' ESD or VI "
Brown Esq ON my behalf will be authorised by
me. A. II. REEpER.
KANSAS TERRITORY, Oct. l6. 1850
To 4. II. Reeder, Esq:
Sir: | am in receipt of paper hearing your
signature dated 10Th instant, in which ! an re-
qucsted to take notice TINT you will contest my
right to n seat in the next Congress OF the Uni
ted States, as Congressional Delegate OF th"
Territory Of Kansas, and that the deposition OF
witnesses To prove the nvalidity Of the law I'M
der which my election took place, and the lille
gaty of votes cast for me on the first day OF DC
inhcr. instant. will be taken ut certain tunes and
pincrs, aud before certain legal iunctlonarles IN
the said paper particularly specified.
I am also invited to he present Mt these times
aud places to cross examine the witnesses; AMI
an further notified that other notices which
may receive for the same purposes, signed by
g. p. Lowrey, Esq, Il. Cents, Esq. NJ. j. Par
rott Esq. or G. w. Brown, Esq, on your behalf
will be acknowledged 10y you.
The first remark that shnll make i'll reference
to this most singular notification Is that mas
much rs you have left the territory, aud have
designated no place at which you can be address
ed; and inasmuch the subject matter is OF pub
lie rather lhnn of private conccrnment, deem
it proper II reply through the medium OF the
public press
| observe that. whilst you declare an intention
If c0nesting my right to Il seat in the Congress
Of the United States, You specify no ground upon
which to entite Yourself Ia enter into such con-
trovcrsy. By the aincst principles of common
sense and common law, the mnn who seeks to drag
another before the tribunals of the country Is
bound to show TINT he has right to be asserted
or "A wrong to be redressed. In the absence of
such showing, hs has no right to put any man
upon the defensive, nor to invoke the instrument
rality of the law. You have not alleged that any
rights of yours have been nfringed 10y my elec-
lion, aud consequently, by your own showing,
you are precluded from making yourself party
10 such contest rs that in which you seek to
engage.
The idea of running all ovcr the territory for
the purpose of collecting testimony to prove
1.-The invalidiy of the law "under which was g.
lected, is absurd and betrnys a shameful lgno-
rance of the institutions under which we 1--we.
In this country the validity or invalidity # Inv
is determined by courts OF competent JuWsdie.
tiou, created for the purpose and not by tho oath
of witnesses, however numerous, intelligent or
truthful. The same remarks are applicable To
the project of proving by oral testimony, The IL
legality of votes cast for me ON the lst day OF
October instant.
Tho legality or the illogality of n vote is n
matter of legal deduction to be drawn from the
facts of the particular case, and not itself tact
susceptible Of being csabehed 10y any KIND ct
testimony. For these and other reasons winch
might be assigned, you will readily perceive TINT
| refuse To recognise you as having any rights
in the premises. and decline giving attention To
the subject matter Of your notification.
If an incnn sistPncy coming from such quar-
ter were worthy of remark, would advert TO your
propo siion to take dispositions before some Judge,
justice other competent person merely OBJ
serving that in this territory such officers are
the creatures of that law whose validity You de.
ny.
But though you have forborne tn assign any
! valid reason for impugning my election, am not
| therefore ignorant of the hopes and purposes by
! which you and your confedfrates are actuatcd.
| When you came into this territory. instead OF
devoting your energies, in good faith, to the dis
charge of your official duties and 10 preparing
the way for the introduction Of laws adapted IL
the condition of society, your whole time was oc-
cupied in fraudulent devices for cnrching your
self, and for So shipping the internal legislation
of the country AS To secure preponderance to
| your own abotionst and frcesoil party. Some
If your pecuatons were 81 grossly immoral and
Illegal, that it became my duty to dennuncc them
| in the proper quarter and for them were
were eventually removed from Office. For
this denuncHtnn you became my bitter person
al enemy. and this is one cause of your impotent
ttlort to have my election annullcd
When, after many months OF needless anarchy
and confusion in the terrinry.you Mt length yiel-
ded to the opportunities of the people for the cleo
ton of Legislative Assembly. and issued your
proclamation for that purpose, you thought that
you hadtaken measures for having an oyerwhelm-
ing ma orty of your political allies on the ground.
But in this you were destined to disappointment;
and of the thirty nine members composing the
two houses of the Legislature, thirty eight were
your political opponents. This body you cnnven-
cd at the remote town site flor town it was nol)
"t Pawnee, in order that by making it the tempo.
| rnry seat of government. and by the expenditure
of public money there, you might be further en-
richrd as one of the owners of that locality.
The place being destitute Of houses of all kinds