Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1871-03-16
. LEI all the ends thou anst be ,y Country & God
Thursday MARCH 1e . 1871.

these men, and, as a reason for
applying no harsh rule, no severe
or unjust technical construction
Of the law againstlthe contestant.
In one orotwo, itnmay be more
of the election districts in this
caseJ some of, the officers failed in
strict and literal pursuance of law
to take the oaths, of office pre-.
scribed TO them; but it has been
so often decided in cases. sof this
kind blythe highest courtsioof the
country, and7by this House, and
by this verysub-committee in this
House, that these irregularities do
not Justify olthe rejection of re-
turns, that / need Dot waste any
more time oB these points. hIt is
enough for me to say that in all
cases of this kind the decision
ought to be lin favor of thegsa=
cred right of representation that
votes which are. cast in an honest
method and under color of law,
and without fraud or corruption
in the ballot box, shall be counted,
and that the parties claiming to
have been voted for, as we'll as
the people who cast these votes,
shall have the benefit Of them
within their respective spheres.
In the testimony in this case l
believe [ am justified in saying
there are not more than two or
three cases set forth in this record
in which it appears by legal or
competent evidence that one sim
gle elector was afraid to 60 to the
| polls and vote precisely as he de-
sired. On the contrary, through
out the entire district, electors,
both black and white, were able
without intimidation, without any
feeling of personal danger or in
security, to 60 to the polls, with
these two or three exceptions,
and cast their votes for whom they
pleased. Why, then, shall we
resort to this political demagogue-
ry; these vague, uncertain, in
definite, and always most unsafe
charges of general intimidation ?
Who is to define the limit that
shall be fixed to any rule of law
based upon any such assertions or
assumptions? How are we to
maintain the integrity of cleo
tions in any part O. this country
If it is competent for parties
to such contests as this to come
up here with their mouths or
their records full of these reckless
and partisan charges of iDtimi-
dation, fraud, and fear? Have
the people, of this country be-
come cravens and towards that
they are afraid to go to the polls
and like men eXerc Sc the sacred
right to vote, and vote for whom
| they please? Such decisions as
this on the part of the House are
only giving license and encour.
agementto this kind of reckless and
NEUTRALITY-SUSPICIOUS. of grounds of
contest. And | pray the House
to consider well before it extends
| these rules any further than they
have gone already. They have
already gone beyond the outer
most limit of propriety and law.
And it becomes the House now in
the exerciseof its controlling pow
er in cases of this sort to admon-
ish these men that they shall not
come up here without facts or law
which disclose fair and legal
grounds of contest, and rely alone
upon vague assumptions and rn-
mors.a Such things are offensive
to Just minds and do dishonor to
parties, the House, and the coun-
try. 1t is time the law was en-
forced and political trash and
twaddle conde emned.
| Here the hammer fell.