Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-11-13
From the New York Evening Post.
Kansas Congregational EIection-A Notice
nom Governor Reeder, and the Reply
from General whitheId.

SIR: Please take notice that shall contest
your 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 inyalidity of the law
under which your alleged election took place,
and the illegality of votes cast for you on the
hrst day of October, instant, will be taken at
the following times and places, before some
Juuge, justice, or competent person, at which
times ana places you may attend, if you think
proper, TO cross.examine.
| On the 9th, 9th, and 7th of November next,
at the house Of E. c. X. Garyey, in the town of
Topeka.
On the 9Th Of November next, at the Amer-
can Hotel, in the town of Kansas, State of Mis-
souri,.
On the 9th, 10th, and 9th of November next
at the office of S. N. Simpson, in the town of
Lawrence.
| On the 18th and l4th of November next, at
| the house of Henry Hollenberg on the Yer
million Branch Of Blue river
| On the 18th of November next, at the house
OF W. W. Moore, in Mooresburg.
| On the 10th and 18th of November next, at
the old hospital building at Fort Scott.
| On the 18th and Goth of November next at
| the house OF James Hughes, in the town Of
| Osawattomie.
| On the 22d of November next, at the house
Of Lotan Smith, in Council city.
On the oath, and 26 of November next. at
the Office of William Philips, in Leavenworth
city.
All which said places, except the town of
Kansas, are in the Territory of Kansas and
the time OF commencing at each place will be
10 o'clock, a M; and if it is found impractical.
BILE to take said dispositions at the houses named,
they will be adjourned, with notice at the time,
to more convenient place.
| Any other notices which you may receive for
the same purposes, signed by G. P. Lowry, esq.,,
Il. Coates, esq, M j. Parrott esq.,, or G. w.
Brown, esq, on my behalf will be authorized
by me. A.. H. REEDER.
To Hon. ]. w. WHITFIELD.
OCTOBER II, 1885,
SIR: am in receipt of paper bearing
| your signature, dated 10th instant, in which
am requested to take notice that you will con-
test my right to seat in the next Congress of
the United States, as congressional delegate of
the Territory of Kansas; and that the deposi-
tons OF witnesses to prove the nvalidity ofthe
law under which my election took place, and
| the lllegahty OF votes cast for Inc on the first
Gay OF October, instant, will be taken at GER
tam times and places, aud before certain legal
functionaries, the said paper particularly spe-
cited.
am also invited to be present at these times
and places to crossexamine the witnesses:
and am further notified that other notices
which | may receive for the same purposes.
signed BY 6. ?. Lowry, esq, R. Coates, esq.,,
NJ. >. Parrot, esq, or G. W. Brown, esq.,, on
your BEHALF will be acknowledged by you.
The first remark that / shall make in refer
ence to this most singular notification is, that
no nt1f.h ha.,o e..
have designated no place at which you can be
addressed; and inasmuch as the subject mat.
ter is of public rather than Of private concern
ment, deem it proper to reply through the
medium of the public press.
observe that, whilst you declare an inten-
ton OF contesting my right to seat in the
Congress OF the United States, you specify no
ground upon which 10 entitle youself to enter
into such controversy By the plainest prin.
clples OF common sense and common law, the
man who seeks to drag another before the
tribunals of the country is bound to show that
he has right to be asserted or wrong to be
redressed. In the absence of such showing.
he has no right to put any man upon the de-
fensive, nor to invoke the instrumentality of
the law. You have not alleged that any rights
OF yours have been infringed by my election,
and consequently, by your own showing, you
u
such contest as that in which you seek to
engage.
The idea of running all over the Territory
for the purpose of collecting testimony to prove
THE invalidity of the law" under which was
elected, is absurd, and betrays a shameful
ignorance oil the institutions under which we
live. In this country the validity or invaldty
OF laws is determined by courts of competent
jurisdiction, created for the purpose, and not
by the oaths Of witnesses, however numerous,
intelligent, or truthful. The same remarks are
applicable to the project of proving, by oral
testimony, the illegality of votes cast for me on
the first day of October, instant.
The legality or illegality of a vote is matter
OF legal deduction, to be drawn from the facts
OF the particular case, and not itself fact sus-
cepnble 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 giving
attention TO the subject matter Of your notiica-
ton.
III an inconsistency coming from such a
quarter we're worthy of remark would advert
to your proposition to take dispositions abefore
| some judge, justice, or other com petent person"
merely observing that in this Territory such
officers are the creatures of that law whose
validity you deny.
But though you have forborne to assign any
valid reason for impugning my election, / am
not therefore ignorant Of the hopes and pur-
poses by which you and your confederates are
actuated. When you came into this Territory,
instead OF devoting your energies, in good
faith, to the discharge Of your official duties,
and to preparing the way for the introduction
OF laws adapted to the condition Of society,
your whole time occupied in fraudulent
devices for enriching yourself, and for so shap-
ing the internal legislation of the country as to
secure .preponderance to your own aboli-
zionist and freesoil party. Some Of your pc
culations were so grossly immoral and illegal
that it became my duty to denounce them in
the proper quarter, and for them you were
eventually removed from Office. For this de-
nunciation you became my bitter personal enc
my, and this is one cause of your impotent
effort to have my election annulled.
When, after many months of needless an
archy and confusion in the Territory, you at
length yielded to the opportunities Of the peo
pie for the election of legislative assembly