The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-05-13
Reply,
DAYTON, Ohio April 9, 1857.

SIR: Yours of the I'd instant delivered on the It'll is
before me, and reply at my earliest leisure.
My first notice of contest served upon you at Ham
ilton the 25th of October, 1856 This you chose in
certain paper writing addressed to the 3lst of
October, to consider technically prnav but in this
paper writing, also in sundry public oral allocu-
tions you mot only nrtd but dared to contest
your right to the seat threatening in that event.
only, but the then administration with divers startling
and astounding developments You were, therefore,
served again at Washington upon the 18th of December
with the notice, and replied to it that time 1ay
the 23d day of January 1851 your reply being served
upon me the 9th OF that month.
Notices to take dispositions in Butler county,
cling on the I'd of February delivered to you person
ally at Washington, In accordance with the statute as
also, notices to take dispositions in Montgomery
upon the I'd of March. Under the former dispositions
were taken on my behalf during the period of about five
weeks and you appeared by counsel Iappeared in the
same manner not prevented indeed from personal at
tendance by any 'oficia " but yet by professional en-
gagements quite as important No advantage in any re-
spect was had of you either there in this county
Notices were also served upon you after the adjourn
ment OF Congress, ut your usual place of abode in
Hamilton For this the statute provides and moreover
you attended by counsel at the taking of dispositions till
their close Objection comes out of time and with
an i'll grace.
in Butler was obliged to abandon my first notice for
Montgomery and TO substitute the goth of March, This
left me but eight working days in county which poed
nearly nine thousand votes Meantime you ALSO by your
first time, and beginning the 18th of March-nearly
five months after my first, and three months after my
second notice of contest
BY the statute the period for the taking of testimony
is expressly limited to sixty days from the service of
the answer You in Congress when the act passed
and are presumed to know that you equally bound
with myself to close the testimony within that period
The practice you alege of taking testimony after
the sixty days, notwithstanding the statute cannot be
very nveterae since the act not passed till March,
1851 nor do think that at early day practice will
prevail against the express words of the statute that
testimony shall be taken
As to your notion that this language is direoyy only
have to say that well understand how arnaa-
hre provision in statute may sometimes, under stress
of judicial pressure, be held directory and
ptae excused but have yet to learn how provision
expressly Negative ever can be in like in
terpreted ''Thou shalt not steal U.s. take it, strictly
protlJaory.
Your ntimation, therefore, that you to proceed
with your testimony In spite OF the statute gives me no
concern You suit your pleasure and convenience in
that respect beg to assure you that 1t will in wise
accommodate cause me expense.
1t is tuo that have not exhausted my testimony in
Butler still less in Montgomery, and have not reached
Prebe at ALL More than one half of my testimony
mains still untaken But am content with it, as is,
and with the jury which is to pass upon it. conf
dent that development of "all the material facts"
would but increase my present majority and secure
the seat in any event Especially convinced that,
under any circumstances the most favorable to you Con-
gress looking to the testimony and remembering that
Vi pefHlltttd to NOte anu
in nineteen thousand votes in this district there
were but nineteen between us will at least remand the cleo
ton to the people.
But like yourself, deprecate delay and suspense
equally with you desire to all cost TO the govern
ment and, above ALL have very high regard for 'the
true principles of popular sovereignty" Your propo-
stion would be fair one, and instantly and willingly
ccpted there not clearer and better course both
and for all concerned.
Wherefore to avoid all suspense and delay and the
ccedng annoyance and irritation of contestto all
cost well TO ourselves to the governmental relieve
Congress from unpleasant duty which may devolve
upon itbut especially by ascending to the fountain
head-the peopleto carry out the true principles of
popular sovereignty and obtain full and clear expression
of the public WILL free from doubt that the true MAORI
ty may hereby propose to waive all advantages
, ntiai as technical, and, at nch time as he goo
"a, -, -. -'-oa hs second
eor q NE Stte may GfpoS, or gou prye, .r,,. -.
laesy October neT submit ogaia The question 70 hs PEOPLE
Of NE district for their final decision
10 this proposition shall await your reply Should
you decline Congress must decide between us upon the
law and the testimony.
G. L. VALLANDIGHAM.
LEWIS ID, CAMPBELL, EST, Homilton, Ohio,