Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-11-17
To Hon. j. W. WHITFIELD.
OCTOBER II 1850.

OCTOBER II, 1866.
SIR: am in receipt of paper bearing your sig
nature dated 9th instant in which am requested
to take notice that you will contest my right to
seat in the next Congress of the United States, as
congressional delegate of the Territory of Kansas;
and that the dispositions of witnesses to prove the
invalidty of the law under which my election took
place, and the ilegalty of votes cast for the
first day of October, instant, will be taken by certain
legal functonaries, in the said paper particularly
specified
am also invited to be present at these times and
places to cross examine the witnesses; and ain fur
Their noticed that other notices which may receive
for the same purposes signed by G. P. Lowry, Esq,
r. Coates, Esq, NJ. j. Parrott, Esq., G. w.
Brown, Esq, on your behalf, will be acknowledged
by you.
The first remark that shall make in reference to
this most singular notification is, that inasmuch as
you have left the Territory and have designated no
place at which you can be addressed and inasmuch
the subject matter is of public rather than of pr
vate concernment, deem it proper to reply through
the medium of the public press.
/ observe that, whilst you declare an intention of
contrasting my right a seat in the Congress of the
United States, you specify ground which to
enttle yourself to enter into such controversy. By
the plainest principles of common sense and COM
mon law, the man who seeks to drag another before
the tribunals of the country is bound to show that
he has right 10 be asserted or a wrong to be
dressed. In the absence of such showing, he has
no right to put any man upon the defensive, to
invoke the fundamentally of the law. You have
not alleged that any rights of yours have been in
finged by my election, and consequently, by your
own showing, you precluded from making your
self party to such a contest that in which you
seek to engage
The idea of running all over the Territory for the
purpose of collecting testimony to prove the inva-
lidity of the law" under which 1 elected is alb
surd. and betrays shameful Ignorant of the insti
tutions under which we live. In this country the
validity invalidty of laws is determined by
courts of competent jurisdiction, created for the pur
pose, and not by the oaths of witnesses, however
numerous, intelligent, or truthful. The
marks are applicable TO the project of proving, by
oral testimony, the llegaty Of votes for me on
the first day of October, instant.
The legality illegalty of vote is matter of le-
gal deduction to be drawn from the facts of the par
tcular case and not itself fact susceptible of being
established by any kind of testimony For these
and other reasons which might be assigned you will
readily perceive that refuse to recognise you as
having any rights in the premises, and decline Civ
ing attention to the subject matter of your notica-
ton.
Han inconsistency coming from such quarter
were worthy OF remark, would advert to your pro-
position to take dispositions before some Judge JUS
tice, or other competent person." merely observing
that IN this Territory such officers the creatures
OF that law whose validity you deny.
But though you have forborne to assign any valid
reason for impugning my election, 1 am not there
lore ignorant of the hopes and purposes by which
you and your confederates actuated. When YOU
came into this Territory, instead of devoting your
hca! duties and to preparing the way for the intro
duction OF laws adapted to the condition of society,"
your whole time was occupied in fraudulent de, ICES
for enrichiug yourself and for so shaping the inter
nal legislation of the country to secure prepon.
deranee to your own abolitionst and ree-soi party
Some OF your populations were so grossly immoral
and illegal thatit became my duty denounce them
In the proper quarter and for them you were event.
ually removed from Office For this denuncation
you became my bitter personal enemy, and this is
one cause of your impotent effort to have nv cleo
ton annulled.
When, after many months of needless anarchv
and confusion in the Territory you at length Weld.
ed to the opportunities of the people for the election
OF legislative assembly, and issued your procama
ton for that purpose you thought that you had ia
Ken measures for having overwhelming majority
OF your political allies the ground But in this
YOU were destined to disappointment; and of the
tuiiSy .nihe members composing the two houses of
the iessiature, thirty-eight your political op-
ponehts. This body you convened at the remote
town site (ior town it was mott of Pawnee in order
tnat ny making 1t the temporary seat of govern
ment and by the expenditure of pnbl;c money
there you might be further enriched as one of The
owners of that locality. 90 '"o VI 'ne
The place being destitute of houses of Al, l;5
even of rooms in which to deliberate and f al .L
necessarles, to say nothing of the comforts f ,;s
the assembly, at an early day, adjourned To siaS,,
where the wants of its members could be bette
pied This removal, SO imperatiYelv eaeS e. sS r
the circumstances, and fully authorized hv ny ~