New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-08
LET THE RIGHT PREVAIL.


we stand perfectly uncommitted to either
side Scott was elected Governor two
years ago by the Republicans, and was
nominated for reelection II the same
party. Lindsay was nominated by the
Democrats in the last contest, and the
returns elect him. It is not our purpose
to support Scott, right or wrong, because
he is Republican, nor do We feel any
overpowering call to denounce Lindsay,
because he is Democrat. Our PROPOSE
ton is to hold the scales fairly and give
the right to whom the right belongs
Governor Scott has been admitted By
all the Alabama Democrats to be a fair
man, and to have made an honest officer.
This is in his favor. He certainly pro-
voked no serious complaint concerning
the manner in which he conducted the
late election; and the success Of the
Democrats is the best evidence that they
were not defeated by fraud or violence,
since they were not defeated at all.
Now, however, comes the trouble.
When the Legislature met and the returns
were about to be opened, Governor Scott
sued out an injunction to arrest the final
count until charge of fraud could be in
vestigated. He declares in his bill that
he was defeated by false counts, and by the
intimidation of voters in certain border
counties He contends that an investiga-
ion shall be had, and that the Office of
Governor shall be left in his keeping
until the legal right to the same is deter
mined, either before the courts or by trial
before the Legislature. And, in pursuance
of this suggestion, he has declined to
surrender the executive Office, and
now holds possession thereof, pro
tected by posse coaitatuS. The
Legislature, in the meantime met. and
in defiance of the injunction from the Su.
preme Court, proceeded to count the bal
lots and declare the result. The body
which committed this act Of disrespect
was not the entire Legislature, but a bare
majority, and all of its members were and
are the adherents of Lindsay. We say it
was disrespectful, because it was done in
hot haste, and without that grave consulta-
ton which should precede any action in
open violation ofan order from the high
est judicial tribunal in the State.
Consequently, the matter stands thus
at present, that the former incumbent of
the ,gubernatorial Office is holding his po-
sition in Alabama by virtue of his belief
that it belongs to him by election He
SAYS that the election of Lindsay was
fraud, and, therefore, it is nullity. He
offers to submit this question to either
legal or Legislative tribunal for decision.
And since he is both Governor de .facto,
by virtue of his former election, and
claims to be Governor de jure by virtue Of
his late election, he is now holding the
Office of chief magistrate of Alabama quite
to the establishment of the public, and
very much to the disgust of the Demo-
Gratis.
1t must be admitted by all parties that
this is not a pleasant position Of affairs to
consider. It has Mexican air Of revolu-
ton about it that makes it unsavory to our
ideas of republican, government. But
Governor Scott is entitled to his remedy
at lew against the fraud and intimidation
which he alleges as the basis of Mr.. Lind
says majority. If he was cheated. he was
not defeated. If Mr.. Lindsay has been
returned by fraud, he is not honestly en-
titled to the Office, any more than he
would be entitled to piece of property on
a forged title. This is not open to dis
pute, for politics can not change the law
of honesty. 1t may be unpleasant to have
a discussion of this sort conducted as it is
being conducted at Montgomery, but if
Governor Scott has rights in the matter,
the blame of forcing him to assert them
as he is doing rests upon the wrong-doer.
If Mr.. Lindsay is right, and if he desires
to continue in the right, although it may
be hardship, let him rest his case with
the process of law. If he attempts to force
his rights, he will certainly violate the
mode which has been selected in this
country for the arbitration of all disputes.
The Legislature is Democratic beyond
doubt, and as Governor Scott proposes to
submit the question of frsud to that body,
he certainly exhibits some confidence in
his position and in his political enemies
by his offer to submit his cause to their
arbitration. His previous reputation for
good sense and honesty entities him to a
hearing in this instance, and in accord
ance with precedent, We hope the matter
will be submitted to fair, legal investi-
CATION, and that the result will be ac-
copied as the just judgment of the people
in the case. There is no use in creating
a violent public sentiment on the subject,
for as both gentlemen are capable and
efficient, Alabama will not suffer, which
ever of the contestants may hold the
Office, while the dispute is undergoing in
vestigation.
DEMOCRATIC TESTIMONY.
Saith the Bee, thirty thousand Conserva-