Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-04-16
Correspondence Relating to
the Contest.
HAMILTON, Ohio, !
April I'd, 1857.

April I'd, 1857.
CLEMENT L. VALLANDIGHAM, ESQ,
SIR:-In December last, when at
Washington, l received your notice OF
a purpose to contest my right to a seat
in the 35th Congress, as the Represent
ative of the Third Congressional Bis
trict of Ohio, and answered the same In
January. l also received there, divers
notices of your intention to take depo-i
sitions touching the matter of Contest,
in this District, at times when a dis
charge of my official duties as a mem
Der of the 34th Congress, prevented me
from attending your examination of
witnesses. Since the adjournment Of
that body, on my return home L find
that similar notices were left, during my
absence, at my residence, which had
been occupied since November, only by
a colored servant woman in whose
charge it was left. / learn, also, that
during my necessary and unavoidable
absence in Congress, you have AIKEN a
large number of dispositions in the
Counties of Butler and Montgomery.
1t was not until the night of the 18th
ult., that / was able to reach the Dis
trict, and therefore [ have had no op-
portunity either personally to cros-ex
anime the witnesses whose testimony
you have taken, or to take evidence in
support of the validity of my election.
[ am informed, too, that you have not
availed yourself of the testimony of a
number of persons whose names are
mentioned in the notices you have serv-
ed upon Inc.
There is, you are doubtless aware, a
clause i'll the act of Congress prescribing
the mode of obtaining evidence in cases
of contested elections which provides
that no testimony shall be taken after
the expiration of sixty days from the
day on which the answer of the return
ed member shall be served on the con
t~estant.. [ understand, however, that
the practice of Congress under the act
has been to regard this provision d.
rectory only, aud to receive and consid-
err testimony taken after the person linn
tied whenever a just determination of
the contest seemed to require it.
DESTROYS hataH the n,atcriat ftcts shall
be toirly presented before Congress, ] deem
it proper to advise you, that [ will here
after proceed to take testimony i'll the
case, (of which due notice according 70
law will be given YOU and to suggest
my entire willingness to enter into a
mutual agreement with you to waive
any technical objection which might BE-
made OH the point of time in the taking
of testimony on either side. l propose
therefore, a mutual agreement to tina
effect. This would give to both of us
and our friends, a fair opportunity t
present all the facts bearing upon tn,
issue, and tend to prevent delay in TIL
final decision of the matter, as well a
the increased expense to the Govern
ment, which would result from a ncces
sity to take testimony OF the meeting o
Congress.
I will add, that I have too much re
gard for the true rr;nciPles-nf "popuia
sovereignty to claim a seat in the Con
gress of the United States (~although
hold the commission issued by the Gov
ernor under the seal of State) unless
have, been lawfully elected to it by tn
, people. Gu the other hand, l shall re
gard It q most solemn duGy 10 the sam
principle, to claim the seat under an.
pressure of circumstances, whether of
. public or private nature, until after
full and fair investigation of the facts, i
shall appear that the qualified voters o
; the district have not assigned it to me
Presenting that you cherish the sam
> respect for the Republican doctrin'
that majoritics shall rule, L respect
=, fully ask Your early reply, conserving t
the propositions l have submitted.
LEWIS d. CAMPBELL.