The national Republican., 1861-07-09
THE CASE OF BUTLER vs.. LEHMAN.

An article appeared in the last Chronicle,
calculated to give an impression altogether in.
correct as to the positions occupied by Hon. J.
u. Butler and Hon. VIM. E. Lehman, respec-
lively, contestants for the seat in Congress for
the First Congressional District of Pennsylva.
MIA. The Chronicle alleges that Hon. Thad-
deus Stevens, who presented q resolution on the
fourth instant, that Mr.. Butler be acknowledged
as duly elected, proposed Sin plain words to
seat Mr.. Butler without any evidence in his
favor, and to place Mr.. Lehman in the position
Of contestant. The result was de.
eision in his Lehman's) favor, by means of
which he was sworn in.
Mr.. Lehman relied on the fact that he was
declared, with other gentlemen OF his State, to
have been duly elected, such declaration being
published aud proclaimed to the world by the
proclamation OF the then Governor of Pennsyl.
vania. Mr.. Stevens himself holds his own seat
in the House by virtue Of the Governors official
recognition and declaration in the same public
document
This is the statement Of the Chronicle. A
brief rehearsal Of the facts in the case will put
1t in Its true light.
The First Congressional District of Pennsyl
vsnia embraces Eve wards aud portion of
sixth In the city Of Philadelphia. The several
wards are each subdivided into precincts" or
voting districts, each Of which has its own cleo.
ton officers. These make up the returns for
their respective precincts" and choose one Of
their number to meet with the return judges
from the other wards, to make ont the returns
for the district. These returns are required,
By act Of sssernbiy, to be made out in dupli.
cate, one copy to be fled in the Office Of the
Prothouotary OF tie Common Pleas for that
county, aud the other to be sent, within speci.
fed time, by mail, to tire Secretary of the Com.
nonwealtb. The return judges are also re-
quired, at the same time, to send certificate
Of bis election to the member elect
These requirements were all complied with
in the case in question. The returns were
duly made out, we're iled with the Prothono-
tary, and sent by mali TO the Secretary of the
Commonwealth, and TIE certificate Of election
was sent to the member elect all within the
time prescribed by law.
That member elect was Hon. J. NJ. Butler,
WLO, however, LAS peSii uePFi'eu Vi the ENJOY
nent OF his rights By the act Of the late Demo
cratic Governor Of Pennsylvania.
The means by which it was effected are os
follows:
Immediately after the election, the cry Of
fraud was raised. A man named Byerly, q
Democrat, was arrested on the charge of sub
stituting false returns in order to secure the
election of the Republican candidate, Mr.. But.
ler. Every influence was brought to bear to
procure his conviction on this Indictment but
without success. lie was, however, convicted
of misdsmeanor, though the evidence failed to
satisfy the judge before whom he was tried, and
was sentenced to the county prison, not to the
penitentiary, as Mr.. Lehman alleged in his
speech. On account of the doubt in which his
case was involyed, he was allowed peculiar
privileges, having comfortable accommodations
and the attendance Of his wife.
A. soon Is Byerly was sentenced, the proels.