The Weekly chronicle & constitutionalist. (Augusta, Ga.) 1877-188?, July 11, 1877, Image 1
®Joe weeklj) & Crttgtttaticmalist
OLD SERIES ~0l ICII
M# SERIES-0l II
Cfpomde an& jSmlmri.
WEDNESDAY, - - JULY 11,1877.
Hatei sipped his wine, like a little
mao, at Boston.
Boss Packard is trying to make Mr.
Dates either mad or uncomfortable.
A Michigan undertaker inform* the
public that it is ‘‘a pleasure to show his
goods." a ( B
The HhKrman family connections are
pensioned on Uncle Ham to the tune of
$55,530 annually,
_
A precocious youngster has found out
that twins were made so that cannibals
may eat philopenas.
m • m< -
The Baltimore Gazette pokes fun at
the marksmanship of the Savannah po
lice, anentthe Judge Chisholm robbery.
The New York Timet predicts that
Turkey’s greatest disaster will come
from the Russian forces in Asia Minor.
It is wittily said that for a monument
commemorative of the late dree, a Mar
blehead of Hr. John would be appropri
ate.
Six per cent, interest is regarded in
New York as a profitable investment.
This would tally with Mr. Geo, Adairs
theory, that anything above seven per
cent, is bankruptcy.
Hath is one of the most favored re
gions of the earth, but since its aban
donment to negroes it is as barren of
commerce as of morale. The illegiti
mate births there aie as 330 to 18.
The Houthern Policy, so oalled, is res
adjudieata. The President cannot give
it up, if be wished to. Ho, the Radical-
Republicans are howling over spilled
inilk, and cutting off their noses to spite
their faces. On with the danoe !
The Grand Army of the Republic is
petering out. Only seven States were
represented at the Natiouai Encamp
treat, anil of these six were in New Eng
laud. Grant's telegram, through Vio,
was a fraud.
Oar foreigu commeroe for the 11
months ending May 31 foots up a sur
plus of exports over imports of $156,-
459,000 merchandise, aud $9,912,000
specie, making a total favorable balance
of $167,372,000
The Springfield Republican thinks that
“as the office holders go to the rear, the
people can come to the front." They
will not go to the rear if they can help
it, aud they buve a powerful wuy of se
curing the best seats in the house.
1m the tight between the President
and the Machine, Mr. Dana, of the
Hun, when uot sympathizing with the
latter, appears to be like the woman,
whose husband “rastled” with a bear.
Re does not care a darn which whips.
The New York Bulletin puts it pithily
thus : “Mr. Hayes, iu his civil service
reform polioy, has taken the bull by the
horns; but if the people stand by and
took on without helping him, the bull
twill win.” If Hayes is not guilty of
imutwl cowardice, that bull will go to the
wall.
The Baltimore Sun, an expert, truth
fully states that millions of dollars are
wasted io the United States by business
meu in useless aud illegitimate adver
tising. The way for Georgians to do is
to advertise in a paper that everybody
reads—that is the Chronicle and Con
stitutionalist.
If Secretary McCrary really went
Westward to ffx the lowa Gouveutiou iu
the iuteretft of the Administration, he
violated the President’s civil service re
form order, and, the President, if a
“Roman father," should mak6 an exam
ple of Ilia Cabinet officer before decapi
tating General Wilson.
Referrino to Lonfkllow, Mr. Stead
man says:
•'Oue whoe sagas ever at ilia will
answer back the ocean tone for tone/’
In Savaoe Landor’s sonnet to Brown
ing he wrote:
Beyond Sorrento and Amtlfi, where
The Siren wooa thee, singing song for song.
The new Minister to Hayti, Langston,
is, we believe, a bright mulatto. Elliott
A Go. should look into this wheu they
see the President. If Mr. Hayes wants
a very smart black man to send out of
the couutry, he will not find the supe
rior of Elliott, aud South Carolina will
gladly spare him.
President Hayes is troubled about
the poor workiugmeu of tbe country,
and k*p*B to be able to help them. Tbe
New York Sun, which distorts every
thing the Administration does, aud hates
tbe Southern Pacifio Railway, says “the
name of the poor Caucasian who is out
of houeet employment is Tou Scott.”
Bbn Hill describee Blaine as a man
"with a tongue that never tires, an am
bition that never sleeps, a face tbat
never Hashes, a conscience tbat never
hesitates.” True ; but the Senator will,
of course, greet Blaine heartily in Oc
tober, aud, as in tbe case of Blodgett,
draw the line somewhere between the
lawyer, the stump speaker ao* the
Senator.
It must be amusing to Grant to hear
Me. Hayes abused by Radicals for aim
ply carrying out a polioy tbat had be
come inevitable, aud wbieh had become
-so by Grautism. A million majority
of white voters called a halt, aud they,
through their representatives, wonld
Dave.broken up the regular army, if ne
•cesa&ry. Poor Mr. Hayes is cursed re
auoraetesaly for simply letting go what he
•could not bold.
ever the Electoral Commis
sion, and inside viwws of that affair,from
DorsHximeb and others, have brought
Sato conspicuous prominence tita name
Of Wm. W. Eaton. The N. O. Demt,-
cred happily depicts him as a Bourbon,
to wboca a reverence for tbe principles
and me* of tbe resolution is something
more than a delusion or hypocritical lip
eervioe. Hence he could not ugrronder
to a battalion of artillery what they bad
won by a seven years’ war.
Senator Whyte, of Maryland, s*j
that Him’ late civil service order js. jo
bie opiuion, alt bosh; that it eannot be
•earned oat, if bo intoaded, bat that it is
not intended to be. The Senator oalls
it an attempt to create a “silk-stacking
party.” He says: “The idea of the fee-,
pablican wire-pullers and workers re
maining oat of conventions and commit
tees is simply to give my side an easy
victory. We do not intend to disband
oar party, and if Hatbs keeps all the
office-holders off, and prevents their
nooey being used for eleotion purposes,
why, then, it is about all we can ask of
him; bat, rely upon it, the rales laid
down in the letter referred to wiU never
be carried oat.” The Senator alluded
to the Federal office-holders in Balti
more, remarking that if they were with
drawn from active participation in poli
tics, why, then, there would be no Re
publican party left in his State.
BtTXOt K A.ND THE DI.BOtBATS.
Commenting upon the Bullock cases
and the advice of the Chronicle and
Constitutionalist to expose the guilty
Democrats, if there are any, the Gaines
ville Eagle says :
It will never do. They are all in high places
now, and it weald be a pity to topple them
over. When Bullock left they first cried
‘thief' to divert public attention from their
own depredations; and finding the people will
ing to be galled, shouted more lustily and in
creased the volume of their vehemence to a
‘tidal wave'of blatant ratriotiem, upon which
they rode into places of trust,honor and profit.
We beg the Eagle to be more explicit
iu its statements about so important a
matter. Who were the Democrats that
shouted “thief” so lustily when Bul
lock fled, in order “to divert public at
tention from their own depredations ?”
Who are the men that rode “into places
of trust, honor and profit’’ by abusing
their accomplices in crime ? What
“high places” do they bold now ? The
Eagle seems to know these men and to
be acquainted with the details of their
villainy; we trnst that it will not hesi
tate to expose them to the public. It
has c ften been intimated before that
prominent Democrats of Georgia—men
who have been trusted and honored by
the party which they must have worked
secretly to destroy—were accomplices in
the fraud and beneficiaries of the ex
travagance of the Bullugk -Blodgett
regime, but names and facts have never
yet been given. We do not agree with
the Eagle that it would “be a pity to
topple over” such men. On the contra
ry, it would be a most oommendable act
to expose them to the world. They de
serve no sympathy, for, according to
the Eagle, they are double traitors—
traitors to the people of Georgia and
traitors to the Ring whose spoils they
shared. Let the uames be published.
THE KATE OK TI'BKEY.
If Turkey is left to fight Russia single
handed, her fate woulj seem to be al
ready decided. And yet thiß may turn
out fallacious reasoning, Russia has
crossed the Danube in overwhelming
force, but she may uot so easily oross
the Balkan. If Turkey can make any
thing like the stand she should south of
the Balkan, aud on the plain of Adrian,
her invaders may rue the hour they
ventured so far inlaud. About twenty
miles from Constantinople the Turks
have the finest defensive position in
Europe. It was there that Atilla
was bullied back, aud there too
Beiisabius defeated the Huns aud
saved the Lower Empire. If the
Muscovite legions penetrate thus far
iuto the bowels of the land without a
fatal overthrow of Abdul Kerim’s main
army, they may be halted permanently
aud forced to retire to their lair beyond
the Danube. It will be difficult for the
great at miss of Russia to be supplied
from Roumania and Bulgaria, aDd a
crossing of the Balkans may put them
in the plight that Diebitsch found him
self in 1829, when he reviewed at Adrian
ople an army which had shrunk from
150,000 to 14,000 men. We shall pres
ently see how much better a fate is in
store for the Russian commander who
shall emulate Diebitsoh.
The friends of the Ottoman power,
however, aro already losing heart. The
other day, in an address before the Lib
eral Club, in New York, Gou. Franz
Seigel expressed sympathy with the
Moslem as against the Rneao Greek, but
was of opinion that the hour of Turkey’s
destiny had Btrnck. He was very
sarcastic in finding reasons why
Americans should sympathize with the
Russians, and hit upon finally the fol
lowing: Whatever we knew of Russia,
he thought, is the produot of the West
ern civilization. Her social order, her
politics and her literature, had their
origin elsewhere, and there was really
nothing Russian in Russia except the
Russiau Church, Russian leather and
Russian hemp, aud each of these three
was au agent of progress aud civilization
in about equal degrees. Russia, how
ever, was a great country—it was over
twice as large as the United States,
counting eveu Alaska, with its icebergs,
seals and walruses. Russia, historically
considered, was a “big thing,” and
Americaus liked the Czar because the
grip of his irou baud was felt from pole
to pole. Aud then Russia, like our
selves, need not eliminate her own popu
lation from her shores. She keeps all
she has and takes all she can get. Fur
ther, she had a huge national debt, con
sumed an immense quantity of whisky,
and was very fond of “reconstruction,”
as might be seen on every page of her
history—her last effort iu that direatiou
having been made as late as 1868, when
she “reconstructed” Poland for the third
time by killing about thirty thousand of
the population and sending 85,000 more
to Siberia. The General then drew a
startling picture of Russian religious in
tolerance, aud the propagandism of the
popes and Cossacks. He concluded that
Turkey’s chance of sucoess without aid
from abroad was bop*fow f aud that exteri
or help was not now apparent anywhere.
Russia, he said, had a population of
85,000,000 to draw from, while Turkey,
which recruited its army from her Ma
hometan inhabitants only, could only
draw on some fourteen millions. Rns
sia had 400,000 meu io the field aud
proposed to bring 100,000 mofg. The
remainder of her vast army had to gne£*
Poland, the Black Sea and the Canoaaus,
or was useless ou account of the vast
uess of the oountry and the lack of the
facilities of transportation. Tarkoy had
about 360,000,, one-third of whom were
in Europe. The Rusefon advance, be |
understood, was from two points, some
what far apart, on the Danube, and
would iu all probability be directed so
that the two columus would meet, if left
unopposed or unsuccessful in overcom
ing opposition. at Adriauople, where all
the various roads jrogr the north, east
and west concentrate. Tim Tiiyjrish de
fense coaid only be made in one war',
COW, and that was to mass their troops
in Bulgaria, between the lines of the
two Russiau columns, and strike at
either one or the other iefqje they cross
ed the Balkan mountain range. *et
even if successful, it would do the
Turks little good. Russia could keep
her armies up to the strength they start
ed out ou, aud Tunmycspld not do this,
as she had no reserves. The g*uc4 SJ>
shot would be a general division of Tur
key all round. Russia would get the
1 hoas share, Austria would oome next,
and then in some way wonld
be compensated, whits £oglar>d would
take Egypt.
Granting, for the sake of argument,
that tula partition shall take place, who
oan predict that pesec will follow when
the doge of war begin to paieci ont
their quarry and quarrel over the bonce.
Both honsee or tec Missouri Legisla
ture passed an insurance bill. It osyer
reached the Governor. The Clerk of
the Hoase, when oalled upon for an ex
planation, fled to Canada. Was the
Clerk bribed by the insurance compa
nies ?
The tackiest minister in New York is
£ev. Mr. Pottos, of Grace Gbnrcb. He
goes to £nrope every year, owns a New
port residence, has a salary of SIO,OOO,
and rarely gets less than SIOO for marry
ing the bon ton. Grace Ohurch has no
flpob#-
SECRET" OK THE CHARNEL HOUSE.
Mr. W. H. Kemble, of Pennsylvania,
“ Big Ike ” of the Cameron Machine,
popularly supposed to be the Republi
can party, has been leaking to the inevi
table interviewer. We have already
published bis statement that SIO,OOO sent
into Ohio by himself and Zaok Chandler
saved that State for Hayes in October
and barely saved it in November. He
avers, too, that the oash was seut at Mr.
Hayes’ special request, and proves that
Kilpatrick was not far wrong when he
advised his co-conspirators that the
campaign to be suocessfnl must be
fought on the bloody-shirt programme
with plenty of money. Now Mr. Kem
ble ia no small potato. He has beeu,
as we learn, State Treasurer of Pennsyl
vania, and a member of the Republican
National Committee for twelve years. He
has a reputation for shrewdness and ac
tivity excelled by but few men in politics.
To a reporter of the Philadelphia Timet
this astute bnt disgusted politician un
bosomed himself. Replying to a ques
tion how he liked the civil service re
form order, he said :
It is palpably in.wcere It came from a
I‘reddeut and a Cabinet who have never prac
ticed it, and who can’t believe iu it now. The
bead of the Cabinet 1 elioves in being raid aud
well paid for all be does. He defended
Beeches for a liberal cash consideration, and
that only. Tbe tail of tbe Cabinet is a Ger
man wbo, as a role, never makes a pobtical
speech without being paid for it ; and, so far
as I can learn, neither of them troubles him
self to inquire from a bom tbe money is col
lected.
Beporter— Do you mean that Mr. Bchubz al
ways requires pay for bis political speeches ?
Mr. Kemele— Yus, I mean that. Some time
ago, I think it waa 1868, Mr. Scbcbz wrote out
a fine speech, which be agreed to deliver three
times a week for SSOO per week for us, and we
took it in Pennsylvania to tbe extent of $1,600
We raised tbe money partly by assessments on
officials and partly by contributions from Re
publicans of means, but Mr. Hcnoaz didn’t
stop to inquire wbo paid tbe money. He knew
that somebody bad to pay it, aud must have
known that office holders paid part of it. Ido
not have faith in iho sincerity of civil ser' ioe
reform that comes from such Cabinet officers.
We are sorry to hear such unfavorable
accounts of a reform Cabinet, bat Mr.
Kemble is one of tbe pillars of the
Radical conventicle, aud entitled ta his
views. He evidently thinks tbe Cabinet
ought to be purged before it attempts
to purge others. Perhaps it has done
so, and, burning with the zeal of recent
conversion, is determined to make tbe
Kembles et al as virtuous as its own
membership assumes to be.
Mr. Kemble goes on to say that but
for tbe efforts of office holders, aided by
liberal contributions of money, not only
South Carolina, Florida and Louisiana,
but also Ohio, Pennsylvania, Wisconsin
Oregon, California and Nevada would
have been lost to Haies. We dare say
there is much truth in this revelation,
and the certification of it is something
to be thankful for eveu at this late day.
We quote again from Mr. Kemble :
Reporter—How could Ohio and tbe other
Northern States you name have bean lost to
Hayes ?
Mr. Kemble—Hayes bad everything at stake
in carrying Ohio m October of last year. Had
be lost that State there would have beeu a
Tii.den whirlwind in November that would
have swept not only Ohio, bat Pennsylvania.
Wisconsin, Nevada, Oregon aud California; and
Ohio was saved by President Hayes and bis
friends appealing to us for money to put into
tbe cii tost. Secretary Hhebman and Governor
Dennison wrote tbe moat importunate letters
to us fr money. The State tbat gives us a
civil service President, a Cabinet officer, and
any number of other officials, practiced civil
service so far as uot to pay tbair own money to
tbe campaign, but they called upon Pennsylva
nia to do it for them; aud Secretary Shebmah
then appealed to man wbo be knew bad profit
ed by tbe Oovernmeut, received money from
them, aud has since r< warded the parties by
profitable contracts. As to tbe President, bis
case is Wors >. We made assessments here in
Philadelphia on office holders, every dollar of
which we sent to Ohio io additiou to other
large amouuts sent there, aud some of which
was sent directly to President Hayes himself.
It would be uncharitable to say tbat ilia Presi
dent did uot use tbe mouoy fqr political ppp
poses, as any other use of it would be a breach
of tiust tb it would warrant tbe Pennsylvania
politicians in calliug upon him to render au ac
count. ,Iu 187a, when President Hayes was
dragged through Ohio by tbe ears, tbe same ap
peal was made upon us, the same measures
employed to raise money to save him, and a
liberal contribution was made from tbe city
just on tbe eve of tbe election, tbat bad much
to do with bis narrow escape from defeat.
This terrible PeiinsylvaniaD, wbo has
turned State’s evidence, concludes thus:
The public will gladly sustain any adminis
tration in preventing officials from uuwarrant
able interference in polities, and from being
bled by political sharks; but every Cabinet
officer excepting Key holds his plaoe as a re
ward for political survices, aud public eenti
ment will always sustain the promotion of men
who fairly and honorably earn their poaitions
by party services. The people do not care
hot lynch officials contribute for legitimate
party pyi|,Oßes eiflief in efforts or money, but
they do oayo that otgeefs *h)ll be (jonest and
capable; that they siish fgfthjiijffy peffof'ig
their dalles, and that no more ien shall be
employed to do Government work than would
be required to di tbe same work for an indi
vidual. That's the otvil service tbe oountry
wants ; it is tbe best that any party can ever
get, and those who profess to do more will And
their sincerity always doubted by honest men.
An unsuccessful policy of course can’t last, and
a Uteral enforcement of the polioy just an
nounced by the President would be a disas
ftajje failure.
The lieftQCfficy get tbe benefit and
the Republicans tbs disgrace of this
washing of dirty linen. The presides!
is told some truths which be probably
wonld prefer to Lave remained un
spoken, and bie Machine adversaries
**£ Httffod up to confessions of knavery
whieb *a feat put the people on
their gnard, sb iwiog foe yetjenness and
disintegration of tbe Radical laouo*. j
The President has a “hard row to hoe.”
If be is sincere in bis self-imposed task,
be will secure tbe backing of tbe peo
ple, irreajjegjiye of party, and tbe Ma
chine will be smseued, It he js nifgpjy
experimenting and coquetting, he will
find himself before many months be.
tween tbe Devil and tbe deep sea. Un
til better advised, we shall have some
faith in tbe honesty of his intentions,
and his ability and determination to en
force whjt jjp believes to be right and
patriotic, hart whom it msj,
The Springfield Republican nomi
nates Wadb Hampton and Fred IX)
T° re ident and Vice-President
in 1880.
—■■ m
If Mr. Haybs really means “biz” he
sbonld let bis trip-hammer swiftly de
scend upon the head of the Chairman of
the lows GdUfS^fjOD.
Mr. Hates was “ovated” in New Eng
land and would be handsomely received
in the South. We are rather doubtful
qf a trip Westward, as far as lowa.
Hon. Rosooe Conklino will soon be
thanking England for making Grant a
lion. He may want an andience if be
ticee not make haste. Perhaps he will
play the ass to Grant’s lion.
Thxt have a plucky editor in St.
John. We learn that on the morning
after the terrible fire the Daily Tele
graph wis issued in a aingle sheet,
about a foot square, with a description
of the city’s ruin and two small adver
tisements.
Packard is Euza Pinkston’s succes
sor. He shows bis wonnds to the sore
beaded Republicans st so mnch a
wonnd. The wounds were principally
received in rapid retreat from J*ouiai
ana. They are each wounds as a gen
tleman wpald not show.
AUGUSTA, GA., WEDNESDAY MORNING, JULY 11, 1877
THE ELECTORAL FRAUD.
JUDGE J. 8. BLACK EXCORIATES
THE INFAMOUS COMMISSION.
Tbe Carpet-Bagger*—Tbe Louisiana Return
ing Hoard—lts Impudent Forgeries—Presi
dent drum Au Accomplice—Pettifogging ol
tbe Electoral Eight—Thimble-Rigging in
tbe Florida Case—Tbe Notion Betrayed.
■ In tbe North American Review for
July Judge Jeremiah 8. Black appears
as tbe contributor of au article entitled
“The Electoral Conspiracy,” which is
by all odds tbe moat complete, eloquent
and scutching exposure tbat has yet
been made of tbe fraud by which Ruth
erford B. Hayes was foisted into the
Presidential chair. We regret that oar
space will not permit ns to repriat it iu
fall, and that we must confine onrselves
to the most striking passages.
After briefly adverting to tbe indigna
tion felt by honest meu throughout tbe
country at tbe great outrage upon tbe
rights of the people, Judge Black pro
ceeda to depict the condition of affairs
iu the State of Louisiana previous to the
Presidential election. First, he de
scribes tbe carpet-bagger: (
What I lie Carpet-Bagger la.
The people would not have been whol
ly crushed, either by tbe Boldier or tbe
negro, if both had not been need to fas
ten upon them the domination of an
other class of persons whose rule was al
together unendurable. These we cal)
carpet baggers, not because tbe word is
descriptive or euphonious, bnt because
they have no other name whereby they
are known among tbe children of men.
They were unprincipled adventurers,
wbo sought their fortunes in the South
by plundering tbe disarmed and de
fenseless people ; some of them were the
dregs of the Federal army—the meanest
of the camp followers ; many were fngi
tives from Northern justice ; the best of
tbe n were those who went down after
tbe peace, ready for auy deed of shame
tbat was safe and profitable. These,
combining with a few treacherous
“scalawags” and some leading negroes
to serve us decoys for tbe rest, and back
ed by the power of tbe General Govern
ment, became the strongest body of
thieves tbat ever pillaged a people. —
Their moral grade was far lower, and
yat they were much more powerful, than
the robber bands that infested Germany
after the close of tbe Thirty Years’ war.
They swarmed over all tbe Stales from
the Potomac to the Gulf, and settled iu
hordes, not with intent to remain there,
but merely to feed on tbe substance of a
prostrate and defenseless people. Tbey
took whatever came within their reach,
intruded themselves iuto all private cor
porations. assumed the functions of all
offices, including the Courts of Justice,
and in many places they “run the
churches.” By force or fraud they either
controlled all eleotiona or else prevented
elections from being held. They return
ed sixty of themselves to one Congress,
and ten or twelve of the most ignorant
aud venal among them were at the same
time thrust into the Senate. This fulse
representation of a people by strangers
aud enemies wbo had not even a bona
fide residence among them was the bit
terest of all mockeries. There was no
show of truth or honor about it. The
pretended representative was always
ready to vote for any measure that would
oppress and enslave bis so-ealled con
stituents ; bis hostility was unconcealed,
and he lost no opportunity to do them
injury.
His Descent Upon Louisiana.
The agricultural and commercial
wealth of Louisiana made her a strong
temptation to tbe carpet-baggers. Those
vultures snuffed tbe prey from afar;
and, as soon as tbe war was over, they
swooped down upon her in flocks that
darkened the air. The State was de
livered into their bauds by tbe military
authorities; but the offioers imposed
some restraints upon their lawless cu
pidity. They hailed with delight the
advent of negro suffrage, because to
them it was merely a legalized method
of stuffing the ballot box, and tbey
stuffed it. Thenceforth, and down to a
very recent period, they gorged them
selves without let or hindrance.
Tffe depredations they committed
were frightful, They appropriated, on
one preteueq and another, whatever
they eould lay their hands on, and then
pledged to themselves the credit of the
State for uncounted millions more. The
public securities run down to half priee,
and still they put their fraudulent bonds
on the market and sold them for what
tbey would fetch. The owners of the
best real estate in towu or country were
utterly impoverished, because the bur
dens upon it were heavier than tbe rents
would discharge. During tbe last teu
years tbe city of New Orleans paid in
the forti) of Jirepf taxes lpore than tbe
estimated value qf g)) fhp property
within her limits, aud still has a debt of
equal amount unpaid, jt js not likely
tbat other parts of the State suffered
less. The extent of their spoliations
can hardly be calculated, but tbe testi
mony of tbe oarpet-baggers themselves
against one auother, tbe reports of com
mittees sent by Congress to investigate
tbe subject, and other information from
sources entirely authentic, make it safe
to say tbat a general conflagration,
sweeping over all tbe State from one end
to the other, aud destroying every
building und every article of personal
property, would have been a visitation
of mtirsy iu comparison to tbe corse of
such a government, i
The luveutiveuesH of Scotindrellffim.
This may seem at first blush like gross
exaggeration, because it is worse than
anything that misrule ever did before.
The greediest of Roman proconsuls left
something to the provinces they wasted;
the Norman did not strip the Saxon
quite fo “the sjsin; the puritans under
Cromwell 4’4 not ’{Jtterfy (Jesolate {re
land. Their rupsojty Was eQufinefi to
the visible things which they could
presently handle and use. They could
not take what did not exist. But the
American carpet-bagger has an inven
tion nnknown to those old-fashioned
robbers, which increases bis stealing
power as much as the steam engine adds
to the mechanical force of mere natural
muscles. He makes negotiable bonds
of the State, signs and seals them “ac
cording to the forms of law,” sells them,
converts the proceeds to his own uae,
ijniJ then defies justice “to go behind
the reiurhs.” ” Jiy-tJas de-ice his felon
ious fingers are jaa'de ‘l&jfjfr fchwu&h to
reach into the pockets of posterity; he
lays his lieu on property yet uncreated;
he anticipates the labor of coming ages
and appropriates the fruits of it in ad
vance; he coins the industry of fntnre
generations into cash, and snatches the
inheritance from children whose fathers
are unborn.* Projoatisg £49 cheat for
ward by this contrivance ancTaperating
laterally at the same time, he gathets
an amount of plunder which no country
in the world would have yielded to tbe
jC-oth or the Vandal
if
Security of life can never bp PQUPted
ou where property is not protected.
When the public authorities wink upon
theft tbe people are driven by stress of
sheer necessity to defend themselves
tbe best way they can, and that defense
is apt to be aggressively violent. Jus
1 lice, infuriated by popular passion, ui
ja poim*} tP it* '.'iqtims in a fearful
shape. THkorders* therefore, tSph tiwt
have been, and bloodshed and violence,
and loss of life, though they are not
! enumerated, or clearly desonneu in tne
reports. It is known that bands of
‘•*pg;j}at;:rg” traversed many parts of
the State, and the fact is established
that seven of the storehouses used as
places of receiving stolen goods were
burnt to tbe ground in one night. The
officers of tbe carpet-bag government
“oared for none of these things.” They
saw the struggle between larceny and
lynch law with as much indifference as
Gallio looked upon the controversy be
tween the Jewish synagogue and tbe
Christian church at Ephesus. This
horrible condition of society was cansed
solely by tbe want of an honest govern
ment.
Bat this is not nearly the wont of it,
if carpet-baggers themselves and their
special friends are worthy of any cre
denoe at all. They testify to nnmerons
other mnrders, wanton, unprovoked,
and atrocious, committed with impuni
ty under tbe very eyes of their Govern:
ment. general Bheridap says he col
lected a list of 4.OQQ assassinations per
petrated within three years. Senator
Sherman and his OW 00 ! 1 !*® 8 of fhh visit
ing committee swell this number great
ly, and add that “half tbe State waa
overran with violenoe.” No effort wee
made to repress these disorden or pun
ish the criminals. Nobody was hnng,
nobody tried, nobody arrested. Tbe
morderen ran at large; tbe victims fell
at the awfnl average of about four every
day, and the public officers quietly as
sented to let “the rifle, the knife, the
pistol and the rope 4o their horrid work”
without interruption. Are snob <seu
fit to govern a free State ? Fit to gov
ern ! No, not to live.”’
The Geaekls of the Retirnisc Beard.
The wretched system of carpet-bag
government could not possibly last.
From tbe first it had no real support.
Tbe native people and the honest immi
grants, who went there for purposes of
legitimate business, held it iu abhor
rence, and tbe negroes were pot long in
finding out tbat it was a sham and a
snare. As early as 1870, and before
tbat, the handwriting was seen on the
wall which announced that a large and
decisive majority of all the votes, black
and white, bad determined to break up
this den of thieves. They mnst, there
fore, prepare for flight or punishment,
unless tbey could contrive a way of de
feating the popular will whenever and
however it should be expressed, Then
tbe Retnrning Board was invented.
This was a machine entirely hew, with
powers never before given to any tribu
nal in any State. Its object was not to
return, but to suppress tbe votes of the
qualified electors, or chauge them to
suit the occasion. By the terms of the
law it can exclude, suppress, annihilate
all the votes of a parish for violeuoe, in
timidation or fraud, which it finds to
have been committed aud adjudges to
have materially influenced tbe result of
tbe poll. This is judicial authority so
broad tbat no Court wonld consent to
exercise it—inflicting tbs fearful penal
ty of diefrauobisemeut upon thousands
at once, without a hearing and without
legal evidence, not for any offeuse of
their own, but for the supposed sin of
others, over whom they confessedly have
no control. Of course it is in direct con
flict with the State Constitution, which
declares that all judicial power shall be
vested in certain ordained and establish
ed Courts, and forbids it to be used
even In them, except upon trial before
a jury, and oonviotion on tbe lestimouy
of credible witnesses confronted by tbe
aocused and cross examined by counsel.
It is, besides, a most insolent affront to
tbe fundamental principles of an
elective government, for it makes the
poll of all people a mere mockery, which
decides nothing except what the Re
turning Board does not graciously favor.
Its power to veto a popular vote extends
to all elections, for every olass of offi
cers, judicial, legislative, ministerial
and executive, including electors of
President and Vice-President.
How ll Did It* Work.
The Board consisted of five parsons.
They were originally appointed by a
carpet-bag Senate, without end of their
tenure aud with power to fill vacancies,
which made them a close corporation
and gave them perpetual succession. To
put on some s how of fairness, the law
required that all parties should be repre
sented. This was at first thought to be
met by tbe appointment of one Demo
crat, but when a deed of more than com
mon business was to be done, tbe Demo
crat was got rii of, and the other four,
desiriog to work in secret, refused to fill
bis place.
This suppressing Board did its work
thoroughly from tbe start. It was never
known to falter. Since its first organi
zation iu 1870 tbe majority of the whole
people has been decidedly against the
carpet-baggers at every election. But
tbe Board always intercepted tbe re
turns, and so altered them as to make a
majority the other way. Kellogg was a
candidate for Governor; he was largely
defeated, but the Board certified him
elected. The certificate was so glaringly
false that carpet baggers themselves
would uot help to install him, and
Democrats determined to assert their
rights. It was then that Get}. Grant, to
the uuspeakable shame of the nation,
lifted him into office on the bayonets of
the army. Afterward the outraged peor
pie rose in revolutionary wrath, drove
him to shelter in the Custom House,
and inaugurated the man tbey had law
fully elected. Again the President made
war ou the State, aud restored the usur
per to the place which did not belong to
him. The Democrats regularly elected
a majority of the Legislature; as regu
larly the Returning Board certified a
majority of their seats to carpet baggers
or scalawags or negroes not chosen; and
when the true members met to organize
for business the army was punctually on
hand tp tumble them opt of their hall.
Applied to Ike Kregldential K|ep|ipu,
The election came off' on the proper
day, supervised and controlled at every
polling place by officers of the carpet
bag interest. According to their own
count, the result was a majority of 7,-
639 for the Tilden electors. It has never
yet been denied tbat this majority was
made up of ballots cast by citizens legal
ly qualified. The vote was regularly
taken and properly counted, and a true
record of it made in perpetuarn rei
‘fflernpriftti}. Those facts being fi'nflis
puted jt fellows that thp'fJildpu ejeotprs
were duly appointed, if the people of
the State have the appointing power,
which they certainly have# unless the
Oonstitntion and the statute book are
not to be relied on.
But the opponents of Tilden and
Hendricks determined tbat the reoord
of the appointment made by the people
should be mutilated and changed so as
to make it appear as if electors for
Hayes and Wheeler had been obosen.
They pretended to believe that violence
and intimidation frightened tbe African
Hayes men from tbe polls, and that their
cowardice ought to I e visited, in the
form of disfranchisement, on the heads
of others who had interpiqity „uough to
perform their political duty. The alle
gation was utterly false. It was made
not only without evidence to sustain it,
but in tbe face of overwhelming proof
to the contrary. All the places of regis
tration and voting were guarded by tbe
creatures of tbe Federal and State ad
ministrations, superintendents, commis
sioners, deputy marshals and soldiers,
and all‘of rjrfeee slth dne j'pjc'p oaiff that
the eipetfons peaceahip aqd‘ free.
Indeed, it is Jitenply ijpppssible that
any intimidation or violence could have
been praotiaed. No sensible person ever
gave credit to it for a moment. Not
withstanding muoh mental anxiety about
tbe result, various reasons oombined to
make tbe election in Louisiana probably
tbe most quiet and undisturbed in tbe
Union.
The Character at Its Members.
The personnel of the Board justified
the faith of the carpet baggers and their
allies. If the evidence eouoerping its
menjwwpg righto ig the in
vestigating committee, they were mark
ed out by the history of their previous
lives, noted and signed to do any deed
of shame which might be required at
their bands. Wells was a Custom House
officer at New Orleans, and one of tbe
worst of that bad lot; a defaulter to tbe
State of long standing, witbont charac
ter fov or veracity, and for
thirty year'd regarded as unworthy to be
trusted. Anderson’s character for hon
esty was equally bad; he bad earned it
in part by aiding while he was a Senator
to PH 1 BE ? j 6b BPPH %
State. taking thjl pro
ceeds' ta himself, uf the two mniattoes,
one was indicted for larceny, and, after
admitting his guilt, was allowed to es
cape punishment, and prompt!® *'’ Ken
into the Board. The Other was'too ig
norant to koow his doty, but his testi
mony showed such indifferent ♦- r- e
obli"etjp r au uain that he'WSs’tfeeffi
e4 1 w' as
eilber of his bol league*,
They comprehended the situation, saw
the diflicultv n worit u e f ore them,
and resolved to make it pay in some
thing better than mere promises of “re
cognition” however ’(generous and am
ple." Wells, who was their spokesman
in private as in public, wrote in strict
confidence to a carpet-bag Senator then
at Washington a letter which, being con
densed into plain English, means this:
“ There’s millions in it. See our friends
gnd act promptly. Bqy us immediately
or we will sell out to the other aide.
Talk freely to the gentleman who pre
sents this ;be knows the moves,” To
tbe bearer of tbe letter be explained that
it was very hard work to count in tbe
Republican candidate -the democratic
majority w 4B too large to handle—be
wanted to serve his party, bat be would
not take this job without compensation;
be must have “$200,000 apiece for him
self and Anderson, and a smaller sum
for the niggers.” Qn this basis he au
thorized his ambassador at Washington
to negotiate with the Republican man
agers. Af tbe same time be was offer
ing himself at New Orleans to tbe Demo
crats, at first for half a million, but af
terward proposed that be would leave in
enough votes to elect Mr. Nicbolls
(Democratic candidate for Governor) if
$200,000 cash were first placed in bis
bands.
Their Violation* or the Statate.
The action of tbe retnrning officers in
this whole bnsiness was unsupported by
legal authority. The Legislature of the
State did not, because it could not, give
them power to disfranchise qualified
electors. They lacked, therefore, tbe
general jurisdiction which they assumed.
Bnt that is not all; they proceeded in
the very teeth even of the void statute
which they professed to follow. That
statute pretends to give them no snob
authority as they exeroised over any re
turn to which a protest or statement or
oharge of intimidation is not attached
when it is sent in by the Supervisor of
Registration or the Commissioner of
Eleotion, and the oharge so attached to
the retarn must be supported by the
affidavits of three citizens of tbe proper
parish.
Wanting this, tbe Board was abso
lutely without tbe pretence of power to
touob the return from any parish or
polling place, except for the purpose of
compiling it aud adding it as true to
the others. By the election law of Lou
isiana the Board has no more author ty
to examine or decid j a question of in
timidation which is not raised by the
election officers than a private individual
would have to steal it from tbe records
and burn it. So stands tbe law. The
fact is established by conclusive evi
dence that from every one of the Demo
cratic parishes tbe returns came up
without any oharge, statement, or pro
test. In all those cases they were there
fore without color of jurisdiction.
Foi-glni Affidavit* and Returns.
But the conspirators could not afford
to be balked of their game by tbe failure
of tbe local officers to make a false
charge of intimidation. These votes
must be excluded per fat aut nefat, and
tbe Returning Board must do it; tbat
was wbat the Board was made for. The
returning officers went npon the princi
ple aut inveniam aut faciam. They
made the protests whioh tbey conld not
find; affidavits whioh no creature in the
parishes was base enough to back with
his oath were fabricated in the Custom
House, and used by tbe Board with a
full knowledge that tbey were mere
counterfeits. The exclusion of returns
on the ground of intimidation was in
every case dishonest, for in none was
there a particle of evidence to justify it.
When nothing else would serve the pur
pose, they did not scruple a resort to
plain forgery. Of the return from Ver
uon parish every figure on the whole
broad sheet was altered with elaborate
pains under the special direction of
Wells. Pei jury and subornation of per
jury entered largely into the business.
There is hatdly any species of the cri
men falsi for which tbe law has a pun
ishment that did not become an ele
mentary part of the great fraud wbiob
was committed when the defeated elec
tors and State officers of Louisiana were
falsely certified as chosen by the people.
President Ornnl’* t'uiiiplirity.
Another question arises here, which
the Muse of History may answer at her
leisure: Is there auy justification of
General Graut’s conduct in this busi
ness? Within two or three days after
the election it became perfectly well
known to the whole country that in
Louisiana there had been a full poll, and
a large majority for tbe Tilden eleotors.
No reason was suggested by anybody tor
falsifying this result. The apprehen
sion tbat it would be falsified in tbe re
turn arose solely out of the fact tbat tbe
election machinery of the State was in
tbe hands of mere knaves who were just
base enough to do it; and these were
General Grant’s own knaves, whom for
vears he had kept in their places by law
less force. It was then that he said no
man oould afford to be President by a
fraud, und sent a committee to see that
a true count was made. This was fair
seeming enough, bnt he did not row the
way he was looking. Every one ot his
committee favored the fraud, and their
report, which he endorsed and sent to
Oongress, was a defense of it from be
ginning to end, He bad supported and
enforced frauds of tbe same kind sever
al times before, and now bis troops were
at New Orlerns avowedly to protect the
carpet-baggers while they were repeating
them ou a large scale. Besides, when
Chandler promised tbe fraudulent Gov
ernor of Florida to send troops and
money to that State after tbe election—
troops and money to count the votes—he
declared in one of his dispatches that the
President had been consulted. Still fur
ther, while his party in Oongress were
hplding up the frqud. he quswered the
arguments iu fkvoy qf Tijden’e righfby
oredring to tbe eftjiital all the eavalry,ar
tillery aud infantry within reach.—
Whether these oiroumstauoes be suffi
cient or not to convict him of participa
tion in the fraud, let the world judge.
Tlie Creation of (lie Coioiui*ion.
But how was the object of tbe con
spiracy to be accomplished ? The
House of Representatives was Demo
cratic, and without its consent, express
ed or implied in some form or another,
the £jenatc could not give effect to a false
count. The ffrst intention was to claim
that the E rß of the Senate had
power tp ffetprmige fth§Plfftejy anff arbi
trarily wb<lt elegtoraJ vptoa' should be
counted and wbat pot. This ws tbe
great rallying point until Mr. Doubling
took it up, and, in a speech of surpass
ing ability, utterly demolished and re
duced it to invisible atoms. It became
settled, therefore, tbat tbe two Houses
must count tbe votes, and this clearly
implied the power to inqnire and deter
mine what were votes, ft conld not be
denied tbat the voice of the Houso of
Representatives was at least as potential
as tbat of the Senators ; and it was not
supposed that the House would anger a
fragd SO gjaring as this"to'be thrust
down the throat of the oountry, “against
the stomach of its sense.” But if the
two bodies would declare inconsistent
results of tbe count aud proclaim the
election of different Presidents, a state
of things might come which would sub
ject our institutions to ?, strain severe
enough to endanger fhera greatly. It
was in these difficult circumstances that
a mixed Commission of fifteen pro
posed, cot smting of sye Senators, five
qnff gve fudges of the
Suprpfflp Onnrt. 'the mods of appoint
ing them made it pertain that fourteen
would be equally divided between the
parties; ana as the fifth Judge wonld
be named by the consent of his brethren
ou both sides, he might be expected to
stand between them, like a daysman,
with a hand as heavy ou one head as the
other. The Democrats consented to
this in the belief tbat no seven Republi
cans conld be taken from tbe Court or
from Congress who wonld swear to de
cide the truth an'd then uphold a known
fraud if ibistakeii in that opinion of
their adyerkj|ri iiccgsty, they fejt sore,
at all events, that tire umpire would be
a fair minded man. They were bitterly
disappointed; the Commission went
eight to seven for tbe great fraud and
all its branches ; for fraud in the detail
and in tbe aggregate ; for every item of
fraud that was necessary to make tbe
sum total big enough—eight to seyep all
the time, -.-
"’lt Refuse* to (fa It* Dutj.
We must }oo£ qt sfote pf cage
as it wpnt before the Op(atfljßift, rfjl
de ftad fleudrie|,s Lad 184 eiector*l
votes .dear and free of aii d>- '
less than a majorit” .. 006
ber Te-- * •> ul ttje whole num
„v>y also had in Louisiana eight,
and in Florida four, appointed by the
people, but falsely certified to Hayes
and Wheeler by the Governors. In Ore
-69,? tiiW Jl a d °’ee by the Gov
ernor, puf against wpom a popular ma
jority pad been cast for an ineligible
candidate. To elect Hayes it was ne
cessary that each and every one of these
thirteen votes should be taken from Til
den and given to Hayes, As this re
quired many diatinot rulings based upon
contradictory grounds, the path of the
Commission was not only steep but
crooked.
The great and important duty oast
upon the Commission by a special law
and by a special oath of each member
waa to decide, i e the case of contested
votes from a State, “whether any and
what votes from such State are the votea
provided for by the Constitution of the
United States, and bow many and what
persona were duly appointed electors in
such State." It is not denied that the
sole power of appointing electors for
the States of Louisiana and Florida is in
the people. It was then and still is an
admitted fact aat the people had exer
cised the power of appointment in the
prescribed and proper way; they did du
ly make an appointment of electors, and
tbeir act was duly recorded, and so made
a perpetual memory. This thing was
not “done in a oorner;” it was “seen and
known of all men.” That each of the
two States named had duly appointed
Tilden electors at a regular election call
ed for that purpose on the 7th of No
vember, in pursuance of law, was a part
of their history as mnch as the fact that
they were States of the Union. All the
members of the Commission anew it as
well as they knew the geographical po
sition of Tallahassee or New Orleans.
It needed no proof; but if speoifio evi
dence had beeu required, there was the
record, from which the truth glared
upon them as dear as the sun. They
shut tbeir eyes upon the record, and re
fused to see “how many and what per
sons were duly appointed eleotors” by
the people, bnt listened eagerly to the
evidenoe (aliunde though it was) whioh
showed “now many aud what psrsous”
had been designated by the letnruiug
officers. It was ultimately held (eight
to seven) tbat tbe appointees of tbe Re
turning Board were duly appointed, and
the appointees of the people aero undu
ly appointed. Did the eight suppose
that the legal power to make suoh au ap
pointment was vested by law iu the Re
turning Boards ? Did they think it was
not vested in tbe people ? No, that is
impossible. But they may have con
scientiously believed that the interest
of their faction wonld be well served by
Hayes’ eleotion. Tbey may have been
prompted by a virtuous admiratiou of
carpet bag government, and were sin
cerely anxious to save it from Tilden’s
reform.
It* Peulfogglu*.
But this decision in favor of fraud
which so shocked the common sense aud
oommon honesty of the nation was not
made without some attempt to justify
it. The eight gave reasons so many and
so plausible that Kellogg aud Wells
must have chuckled with delight wheu
they heard them. One argument very
seriously urged was that it would be
troublesome, and require a great deal of
time, te ascertain who was duly ap
pointed by the people. It was much
easier to accept tbe false vote aud say no
more about it. To decide how many
and what persons got certificates from
the Retnrning Board was a short and
simple process; but to push the inquiry
behind that—to inquire whether the
certificate was honest, to look for the
evidence which would show who were
duly appointed— hie labor hoc opus est.
The seven reminded the eight, but re
minded them in vain, that the due ap
pointment which nobody iu the world,
except the people, had the least right to
make, was (he very thiDg whioh they
were there to find out; and they oould
uot be excused from a duty to wbieh
they were pledged aud sworn by the
mere ineonvenienee of performing it.
Besides, the eight knew very well that
there was no difficulty in it; it was but
looking at the record of the nppoinment
as the people made it up; they oould
read it as they ran; tbe truth was plainer
than the lie; the honesty of the case was
as easily seen as the fraud. Bnt no per
suasion could influence them to cast
even a glance at tbe actual appoint
ment. What did they think this Com
mission was made for? Why was this
great combination of learning and state
craft set up ? According to tbe eight its
sole purpose was, not to determine any
matter in dispute between tbe parties,
but merely to deolare tbat the Return
ing Boards had certified for the Hayes
eleotors; whioh everybody knew already,
and nobody ever denied. If its object was
what tbe law said—to deoido wbo were
duly appointed-then the eight suc
ceeded in making it merely a spleu.iid
abortion, because, among other reasons,
it was too muoh trouble to make it any
thing else.
Hedging far Oregon.
But the Commission, following the
lead of counsel for Mr, Hayes, insisted
that the certificate of the proper State
officer ought to be regarded as conclu
sive evidence of the apf ointment made
by tbe people. It is undoubtedly true
that the State has a right to speak on
this subject through her qwu organs,
and when she ffoea so speak, her voice
should be regarded as true. Bnt what
officer is her proper organ ? The Gov
ernor being her political chief, aud his
certificate being required by act of Oon
gress, it would uot have been unreason
able to bojd tfi&t it was conclusive un
less taiuted with fraud. The Hayes
electors had the Executive certificate in
Louisiana and Florida, and this, in re
gard to those States, gave the eight a
great legal advantage. But they threw
it away, abandoned the utteatuliou of
the Governor as worthless, claimed no
faith or credit for it, and pronounced it
open to ooutradigtion, no matter how
houestly jt may have been given. What
was the meaning of this phenomenal
ruling which apparently opened the
door of investigation eveu wider than
the Democrats asked 2 It under
stood by everybody, 't'he Commission
was bedgigg fur Oregon. The eight
were reaching across to tbe Pacific for
the one vote there, which was just as
importaut as the twelve on the Gulf of
Mexico.
But having goue behind the Gover
nor's certificate for the sake of correcting
errors, could there be aDy possible 'noti
fication for stnppiug before the truth
was reached ? If ihS head of the Com
mouwealth, whose attestation is re
quired by Federal law, went for nothing
whenever it was contradicted, how
oould tbe conclusiveuesß be asserted of
a paper made by subordinate officers un
known outsidp p{ the qtate, and power
less eyen hy HIP local luw tq make a cer
tificate of more than' ' yrinw tjav'w valid
ity ? Yd the Electoral Commission
(eight to seven) dapped that the Gover
nor’s certificate might be act aside for a
more mistake of taw or teat, while that
of the Returning Board would stand,
though knowu to be founded on false
hood and saturated all through with
corruption.
Evidence Aliunde.
The unvarying preference of the eight
Commissioners for the over the
true beoqmes striking at this point.
Whan tppy got behind the Governor’s
papers they found lying aliunde two
other sets of documents, one of which
was a record of the actual appointment
made by the people; the other 2as a
mere fabrication of the F.ctu*uiuj|<Board
without anv se^bjapoeof truth; they
embraced tHo latter with all the ardor of
sincere Bisection, and rejected the former
with all possible marks of their dislike.
To giyb tjie decrees pi the
Boards the epect claimed for
them it wag necessary to hold that they
were legally invested with judicial pow
ere, apd that their jurisdiction, whether
rightly of erroneously eserased, was ab
solute over the whole subjeot matter.
In Florida the statute which creates the
Board gave it nothing except ministerial
§owers, and the Supreme Court of that
tate solemnly pronounced its claim of
judicial authority to be "un
founded. Brd Julfeeioral Commis
sion 'could Hot be influenced by either
the written or the unwritten law. The
Commission conceded to the Louisiana
Board all the judicial power i$ needed
to sanctify its &>*fcanehisemet Q * the
people in the face of the Constitution,
which expressly forbade it. This general
jurisdiction was not all they bestowed on
those Boards; they declared in substance
that it might be well exercised in partic
ular cases where it was not invoked ac
cording to the law whiofj ag ¥o them
being, as, fof ifißtftnea, whßrfft l %oui-
WM? lifted a
proteSj Of ajgdayft.
’4'+.V Mftib
The eight Uowwjw."
stop Oiuio. TP— jners did not
I*!-' -y went much further,
-y practically justified and sustained
all the infinite rascality of the Return
ing Boards. They not only refu ed to
take voluntary notice of the atrocious
frauds perpetrated by them, but they
excluded tbe proofs of tbeir corruption
which the Democratic counsel held in
their hands and offered to exhibit.—
These Commissioners choked off the
evidenee, and smothered it as remorse
lessly as Wells and his associates sup
pressed Democratic returns. And this
they put on tbe express ground that to
them it was all one whether the action of
these Boards was fraudulent or not.
They would suffer no proof of corrup
tion to invalidate the right claimed by a
Hayes man to put in tbe vote of a State
for bis candidate.
This monstrous and unendurable out
rage was resisted to tbe utmost. All of
the seven implored and protested against
it. Judge Clifford, the President of the
Commission, laid it down as a maxim of
the common law that frand vitiates what
ever it touches, and proved it unde
niably. He might Lave proved more. It
is not merely a maxim of tbe common
law ; it belongs to all countries and all
ages; no code can claim it exclusively; it
pervades all systems of jurisprudence; it
bas its home in every honest heart; it is
tbe universal sentiment of all just men;
it applies to all human dealings. Judge
Field looked in tbe face of the majority,
and told them plainly that tbeir disre
gard of this great principle was “as
shoobing in morals as it was unsonnd in
law,” and added: “It is elementary
knowledge that fraud vitiates all pro
ceedings, even tbe most solemn; that no
form of words, no amount of ceremony,
no solemnity of proceeding, can shield
it from exposure, or protect its struc
ture from assault and destruction.” But
tbe eight were as deaf as adders to tbe
voice of reason and justice. They would
not permit tbe frand to be assaulted,
much less to be destroyed. They stood
over it to shield it, protect it and save
it, interposing the broad segis of tbeir
authority to cover it against every at
tack.
$2 A YEAR—POSTAGE PAID
The eight persistently denied their
power or that of Congress to do what
they were commauded by the law to do
that is, decide who were duly ap
pointed. They would only decide that
certain persons were named as electors
by a Returning Board. They would not
understand that the appoiutmeut by tbe
people m>ght be one thing, and the ac
tion of the Returning Board another, or
that the latter, eveu as evideuce of the
former, was worthless if it was fraudu
lent.
Tliiuible-lliaitiug Kioriilu iiul.
They insisted that the Returning
Board certificate must be received with
all the houors; to questiou its verity
would be usurpation upon State rights,
whioh they (the eight) were most care
ful to preseive intact and unimpaired.
“But,” said they, “if a Returning Board
behaves unfaithfully, the State herself,
by her own authorities, must see to it
and correct the wrong.” Thereupon
came Florida, aud showed that she had,
in fact, made the correction. AH the
departments of her government—her
Legislature, her Courts, aud her Execu
tive —had at different times examined
and revised the aotion of her Returning
Board; pronounced it false, fraudulent,
aDd void; declared tbat the Tilden eleo
tors were duly appointed, and left the
Hayes candidates without a shred of
authority to vote for the State. There
stood the State herself upright before
the august com uissiou, with all the evi
denoe in her hand, protesting against
the fraud and demanding thut no vote
should be received except the vote of
her own eleotors duly appointed by her
people. But the Commission answered
that under the circumstances of this
case she had no right to defend herself
against the fraud of a Returning Board
any more than she had to be defended
by the Federal authorities. Whatever
she might do, or deoido, or resolve upon,
the great fraud was he.e master, and
she must submit. So it appeared, after
all the flue speeches about State rights,
that Florida hud but one right—the
right to be oheuted out of her vote by
the same kuaves who had already rob
bed her of her property. The right was
sacred and intangible, and tbe Com
mission promptly put her in full posses
sion of it.
A Jiidiciul Decision Disregarded.
In the case of Florida there was one
piece of evidence offered whioh not only
commended itself strongly to tho con
sideration of just men, but, being sup
ported by eertain artificial rules of
pleading aud practice, it was expected
to fiud acceptance in the narrowest mind
on tbe bench. This was the record of a
judicial proceeding commenced iu a
Florida Court by writ of quo warranto
at the suit of the State upon the rela
tion of the Tilden electors against the
Hayes electors. The parties came into
Court and pleaded, aud the issue made
betweeu them was, whether one set or
the other (the relators or the defendants)
were duly appointed electors of Presi
dent aud Vice-President by aud for the
State of Florida. Evidenoe was taken,
the cause was debated by counsel on
both sides, and after consideration it
was adjudged by the Court against the
defendants and in favor of the Staff*,
that the relators were duly appointed
and the defendants not. This fact thus
determined by the Qouvt, was precisely
the fact afterward controverted by tbe
same parties before the Commission.
When submitted to the latter tribunal,
it was res judicata ; uot only true, but
fixed and settled beyoncj the reach of
oontradietiou. Tne judgment was not
impeached for fraud or reversed for
error, It was iu full force and virtue.
It was not denied that the Court which
made the adjudication had entire and
complete jurisdiction both of the sub
ject matter aud of the parties. Ry W JI
reason and all authority the Gommwaion
was bound to respect tffis judgment as
conclusive Rut to have done
this wp.ulfi have made Tilden President
UUd defeated the purpose of all the
frauds in Louisiana and Florida both.
They did uot do it; they allowed the
judgmeut to have no effect tit all, They
but looked to see wjjftt it was, aud im
mediately swept jt out of sight. Tbey
put it far from them, aud theu proceed
ed to pronounce a different judgement,
which suited tho Hayes meu better.
How could they breuk all the bars of
legal authority which fenced them
about? What startling hoffi did they
find to escape from (ho corner into
which tbey were driven and penned up
by the Ja\v y.j tie- land ? We shall see,
Mtolb Action Nullified,
They said tho judgment &* the Court
was too late; it was pronounced after
the Hayes electors had met and made
out thejy yotes, aud sent them to the
President of the Senate. Here were two
sets of electors, each claiming the ex
clusive right to vote for the State, and
both of them actually seut up their bal
lot*. Gue of them was duly appointed,
and had tfie authority of mere pretend
ers, who were not duly appointed, aud,
having uq authority, tlieir vote was a
mere nullity, Whioh party was right,
aud which wrong? The oonfliot must
be settled somehow. Where was the
jurisdiction to determine it? Undoubt
edly, and by universal admission, the
power was in the Courts of the State
from which both, ffiaimants professed to
derive (heir authority. The proper
Stutw Court did determine it; but the
Commissioners said thut however com
petent the jurisdiction of the Caurt.it
was too late in making its decision, and
then they proceeded, in ine exercise of
a jurisdiction ex&utly similar, to deoide
the questions of fact and law the
other way. Now comes the query; If
the Court’s decision was worthless be
cause it was late, what wa* the value of
the Commission’s judgment, which was
later ? Toy eight did actually, not in
wyyds, h.Ut io substance and effect, give
vent tp, the hatd absurdity that it was
too late in January to deoide the dispute
in favor of Tilden, but uot too late in
February to deoide it in favor of Hayes.
In Favor of Fraud Every Time.
Another thing they said : This judg
ment, though it proved the foe* that the
Hayes claimants were ae.* duly appoint
ed, and had Uiia to the office of elec-
moi invalidate the acts previ
i ously done by them while they were de
facto in the exercise of the powers rfeey
usurped. There is a just find pedesaary
rule of law which the va
lidity of act regularly done by an offi
cer afcail aid depend on the title by
which he holds tbe office. You may re
move aSheriff by a quowarranto without
destroying the titles of all who purchas
ed land at his sales, or a Judge VxdLO’pt
vacating his decreuH, or a with
out saying that in*, <4 a public
debt ig but whwa a
wsuwea U special authority ,J 0
a WtiWta (Mug Wife whdi7 of the act
iIZ fe 1 Ui# to do U
eia't - ui" applies bere. These
S 1 - ° ... claimed a right to vote for the
atate under a special appointment given
them to do that one act. When a com
petent Court adjudicated as matter of
fact that tbe Hayes electors bad no ap
pointment, it was a logical and legal ne
cessity which declared the unauthorized
votes to he null and void. If this were
not tbe principle, then any impostor, or
any number of impostors, might send
up tbeir ballots, and one would be as
good as another.
But again, let it not be forgotten that
the Tilden eleotors bad also voted at
tbe same time in the same way. Why
did not this fact make as mnch weight
for them as for the others ? It will ex
cite tbe wonder of the world to learn
that, in the opinion of the eight, a per
son who voted under an appointment
given him by tbe people according to
taw could not be even a de facto elector,
but another person who had nothing to
olaim by except the false, fraudulent,
and void declaration of a Returning
Board was good de facto, if he was good
for nothing else. This doctrine of de
facto sanctification, saving acts which
have no other “relish of salvation in
them,” and making the votes of unau
thorized men as good as if they came
from persons duly appointed, cuts a
great figure throughout tbe whole case.
It is not applicable, but the eight apply
it everywhere, and, strange to say, they
never use it when it does not make in
favor of some frand or other. One who
votes according to the public will of the
State, legally expressed through the
ballot-boxes, is de facto nothing. But
if be was defeated or ineligible, he is de
facto all he wants to be. One of tbe
Haves eleotors in Louisiana was a Fed
eral officer; bis election was forbidden
by tbe Constitution of the United States,
and be was not eleoted but beaten at the
polls; de facto strained its utmost power
on him, and pulled him through in spite
of Constitution and people both. But
his Democratic competitor, who had
acted as an elector in the same way and
to the same extent, was legally chosen
by an overwhelming majority, aod con
stitutionally eligible; therefore de facto
conld do nothing for him.
Frand Under the Faring of Law.
In all the discussions of the snbjeot
the men disposed to favor the oon
spiracy professed a most profound ven
eration for the “forms of law.” This
was the keynote struck at New Orleans
by the Visiting Oommittee, and it is
heard in every subsequent argument of
oounsel and commissioner on that side.
It seemed to bo understood among them
that a formal cheat was perfectly safe
from exposure. If the sepulchre was
whited on the outside, it made no differ
ence that it was tilled with “corruption,
dead men’s bones, and all unoleanli
ness. ” No refuge of lies could be swept
away, no biding place of falsehood could
ever be uncovered, if it was built in the
prescribed form. Only give it the legal
shape, and the overflowing soourge
would be turned aside. But legal form,
however valuable as a covering for
fraud, was, in their judgment, no pro
tection for truth or jnstioe or publio
right. The will of Louisiana was pro
nounced at the election with all the
solemnities required bp the laws of the
State and of the United States. The
appointment of the Tilden electors on
the 7th of November was a perfectly legal
piece of work: there was not a flaw iu
the record of it as it oame from the
hands of the appointing power. But it
was looked on with perfect contempt.
Neither the Visiting Oommittee, nor the
Hayes oounsel, nor the eight Com mis
sioners, bestowed on it any of their
love. Their affections were otherwise
engaged ; they gave the homage and
deVotion of their heartft.to the beautiful
regularity, the exquisite precision with
which the Betnruing Board compound
ed its false certificate.
Another paradox of the eight is curi
ous enough to be noted. They declared
repeatedly that they had no right to try
a contested election case, and for that
reason they would not look at the evi
dence which showed that persons were
duly appointed by the people. Now
mark! The case was this. Eaoh of
these votes came accompanied by what
was asserted to be proof that it was east
by electors duly appointed. The con
flict was to be determined by the verify
ing power whioh Congress unquestion
ably has, and whioh the Commissioners
expressly assumed when they swore that
they would decide who were duly ap
pointed. To decide it one way or an
other required precisely the same juris
diction, andoalled into exercise the same
faculties. Yet they held thr.'i if they
decided according to the truth in favor
of the eleotors actually appointed they
would be trying a contested eleotion -
but if they deoided in favor of the pre
tenders, who had nothing but a fraudu
lent certificate, they would not be trying
a contested election; in other words,
their jurisdiction was full and ample to
deoide it falsely, but wholly unequal ta
the duty of deciding it truly.
Ineligible Electors Recognized.
Perhaps nothing shows more plainly
the animus of the eight Commissioners
than the determination they made upon
the case of Brewster, ineligible elector
in Louisiana. Keep in miud that their
defined duty was to decide who were
duly appointed, and what votes were
provided for by the Constitution, and
think how they performed it in this part
of the case. Brewster was not only de
feated at the polls like the rest; he was
besides a Federal officeholder, and the
Constitution expressly deolares that no
suoh person shall be appointed an elec
tor, But for the purpose of electing
Mr. Hayes his vote was worth as much
as all the others. To get that vote for
their candidate they were required to go
further than they went for any of the
rest, and so they held: 1. That the cer
tificate of the Returning Board was
propria rigor e an appointment. 2. That
it was a due appointment, though cor
rupt and dishonest. 3. That this was a
vote provided for tne Constitution,
though the Constitution in plain words
provided against it.
Tlie Fall Extent of the Outrage.
After all, there was but on.u question
before the Commission., Had the
American people a right to elect their
own Chief Magistrate ? They had the
right. Their ancestors struggled for it
long, fought for it often, and won it
fairly. Being embodied in their Con
stitution, it Cannot be destroyed except
by a force strong enough to overthrow
tne organic structure of the Government
itself. Legislative enaotments or judi
cial decisions arc powerless either to
strengthen or impair it. The legerde
main of law craft, the catches of special
pleading, the snapperadoes of practice,
do not help us to deoide a matter like
this. A great uution must not be im
paled upon a pin’s point. Precedents
whioh might bind a Court of Quarter
Sessions determining the settlement of
a pauper cannot tie up the Lauds of the
Supreme legislature defending a funda
mental right of the whole people.
When Grenville, in 1766, cited the au
thority of divers cases to show that
America might be taxed without repre
sentation, Pitt answered : “I come not
here armed at all points, with the statute
book doubled down in dog’a ears to de
fend the cause of liberty. I can ac
knowledge uo veneration for any proce
dure, law, or ordinance, that is repug
nant to reason and the first principles of
our Constitution. I rejoice that America
has resisted." So spoke the defiant
friend of our race in the presence of a
hostile Parliament ten years before thei
Declaration of Independence. And now,
after this long interval of time, we be
hold our greatest right—the right on
which all other rights depend—success
fully assailed in our own Congress with
the samo small weapons that Grenville
used. If brutal force had crushed it
out, we might have borne the calamity/
with fortitude; but to see it circumvent
ed by knavery and pettifogged to death,
is too much to be endured with any
show of patience.
If the majority of that Commission
could but have realized their responsi -
bility to God and man, if they could on
ly have understood that in a free coun
try liberty and law are inseparable, they
would have been enrolled among out
greatest benefactors* for they wor.id
have added strength and granduei to
our institutions. But they could not
come to the height of the great subject.
V-orty passion so benumbed their facul
ties that a fundamental right seemed
nothing to them when it oame in con
flict with some argument supported by
artificial reasoning, and drawn from the
supposed analogies of teohnioal proce
dure. The Constitution was, in their
judgment, outweighed by a void Btatute.
and the action of a corrupt Returning-
Board.
these things be remembered by
our children’s children; and if the
friends of free government shall ever
again have such a oontest, let them take,
care how they leave the decision of it to
a tribunal like that whioh betrayed, the
nation hy enthroning the Great Fraud
of 1878, J. S. Biaok.
THE ORDER Of THE DAY,.
tlac.Unliun’a military Review at tbe Bale
de Balogae—A Tremenjou. Hen.aiiou—
Military Despotism tbe Cry of Ills Poes.
Paris, Jnly3,—The Olerieal and Bo
napartist papers are delighted with
President MaoMahon’s order issued on
the ocoasion of the review in the Bois
de Bologne. It haa caused a tremen
dous sensation.
Le Pays says, referring to President
MacMahon’s order of tbe day to the
troops who participated in tbe review on
Sunday : “At last we feel that we are
ruled by a hand that wields a sword.
Tbe chief of tbe army bas appealed to
the bayonets, and all must now return
to their duty.”
PRISTINE PURITY OP THE PARTY.
Blaine at the Robesoa Dinner—Makes a
Speech Aboat the Hood Days of Hrantlani—
Hen. Kilpatrick of the Army Oh !
Tbrnton, July B.— At the Robeson
dinner Mr. Blaine was received with
great enthusiasm. He defended Repub
licanism, especially as it was adminis
tered by General Grant; the protection
of the rights of citizenship in every
State was its cardinal feature, and a
Government that did not offer protec
tion to every citizen in every State had
no right to demand allegianoe. Nothing
was said in reference to the present Ad
ministration, except by implication.
Tbe maintenance of the party intact was
strongly urged. General Kilpatrick
spoke of the army, and dealt some hard
blows as to its present condition. It
was long after midnight before tbe as
semblage broke op.
“Sea foam, indeed 1 Yon may talk
about tbe froth of the ocean es much as
you please, but my ideal is rather found
in the lightness aod parity of snow,”
said a lady to her friend. “That’s the
kind of rolls, biscuit and cake made by
that prince of domestic help, Dooley’s
Y< “t Powder. I’ll use nothing else in
my Louse.”