National Republican. (Washington City (D.C.)) 1872-1888, 1874-05-22
REPUTATION DEFENDED.
ARGUMENT oFJUDGE AERRICH FOR
THE MEMoRIALLSTS.

THE MEM0RIALLSTS.
EXHIBITION OF TALENTS WORTHY OF A
BETTER CAUSE sHREwD NANIPULA-
TON OF EVIDENCE TO PROVE THAT
WHITE Is BLACK = CROCODILE TEARS
OVER WHAT WAS ONCE A PORTION OF
HIS NATIVE STATE.
Mr.. Chairman and Gentlemen of the Joint Com
sat4es: Every man has n right to do as he pleases
with his own; and improvidenee, recklessness ana
ignorance, where they do not invade or prejudice
the rights of Others are not cogniEable by human
tribunals. But in the case OF agents acting for
theirprincpal Of trustees administering affairs
for benefcarics improvidence, recklessness and
ignorance become transgressious to be atoned for
in the penalty Of complete compensation. Where
the agents or trustees are public servants acting
for the body OF society and beyond the range Of
personal compensation derelietion OF duty arising
from any Of the above causes becomes positive
and high crime Just in proportion to the impracti-
cability Of making compensation for the injuries
thereby inflicted upon society. In view OF the
sacredness Of the duties which devolve upon .
trustee for the public, the obligation also rests
upon him to be at all times prepared to give
cheerfully and without question, the fullest and
completely satisfactory account of his admnistrs-
ton. He has not the ipmunities of private per-
con accused of crime who may remain silent and
until quilts imputed to him by strong evidence
but he abides under the requirement Of making 1t
to appear afhrmatively that he has fulfilled the
expectations under which trust and power were
conferred upon him.
Unless these principles be sternly maintained,
serVitude and freedom will speedily exchange
places, and the public officer become the tyrant
and oppressOr of the people
Although the citizens Of the District Of Colum-
bia have no political sovereignty, flor they have
parted with it for the benefit of the nation,) yet
indirectly, through the Congress of the United
States they have the right at all times to q rigid
accountability by the trustees whom Congress
has assigned to administer the affairs of their Ter
Eitory. They claim the benefit Of that right at
the hands OF this august committee; and that you
shall hear their appeal, not weighing these COM
plants those Of prosecutor against crimi-
nal but as the wards Of the nation Insisting that
their private patrimony shall be frugally admin
Istered by discreet, careful and judieious trustees
Congress has charged you to inquire whether the
organic Law of the District needs amendment,
and whether in certain respects its existing re-
quirements have been departed from, and also
what proportion OF the burdens Of administration
should justly be borne by the Government of the
United States. The first fatal vice which arrests
attention, and the poisonous operation of which is
visible in every stage Of the disastrous admins
tration Of the last three years. was oecasoned by
Wrestling the organic act, through false construc-
tions into the establishment Of two distinct CO.
ordinate and practically independent powers |
within the Territory, and that which was meant |
to be subordinate agency, to act only at the bid
ding and within limits to be prescribed by the |
Legislative Assembly, at the very outset asserted
practically unbridled authority over the prop |
erty interests and the taxing power Of the COM
munity.
The Board Of Public Works at once asserted |
Discretionary powers, and having asserted has
continued TO exercise them with q rashness folly |
and fayortism which has wrought oppression |
upon the Citizen bankruptcy upon the eommu
nifty, and shame upon the nation. Drunk with
the sudden power of which it had possessed ITSELF
dazzled. deluded, and urged forward by the IA
VOrites and parasites with whom it surrounded it
SELF encouraged by the forbearance Of the courts
to NEEDLE with quasi political questions, and en-
bOldened by the indulgent judgment Of Congress
upon its yet undeveloped usurpations, this Board
OfPublic Works has recognized no power but its
discretion, no Limitation except its own will, and
to-day stands before this committee scarcely re-
strained from a single excess by its financial i'm
pOtence. How much of evil would have been
spared 10 this people had the Board of Public
Works needed the gentle admonition of the Stark.
weather report, couched in these words: THE
committee also prepared to believe that all
the District authorities, at the outset, were not
sufficiently mindful of the small extent Of their
official Jurisdiction, and the slender constituency
upon which all the public burdens were to rest
and that, therefore, SUFFICIENT was not taken
to have rigid economy prevail in every depart
menL and no unnecessary draughts made upon
their small treasury. This evil was doubtless
magnifed by the fact that all governmental work
and governmental expenditures, which had been |
carried on before their eyes, had been upon scale
much greater than the resources of the Dis !
trict would justify and the error was in not I
keeping this difference sufficiently In mind. {
These
would soon demonstrate, and the committee find /
that many Of these expenditures have already {
been curtailed and the necessity of more strin-
gent economy has been learned and now prevails !
in the conduct Of their public affairs" Alas the
lesson was inculcated, but it never practiced
and all men are witnesses that prodigality OF
expenditure soon followed, such as the most We
hement enemy then would have hardly prophe- +
sled. Yet, If the Board Of Public Works has not /
prOfted by the admonIion, It is to be hoped that
this committee and this Congress will be warned :
by the recital that it would be than vain to
expect to check the abuse of power by any means Il
short Of absolute deprivation. 1t is quite appar-
ent that the restraints Of law have not been suf-
Gent to keep them within any bounds and it is n
equally apparent that their transgressions have o
been deliberate If not prcconcerted. 1t will be Il
remembered that on the 10th of July, 1871, the =
four-million appropriation bill was passed, pur- Il
suing the scheme Of improvement which had been 4
shortly after, upon the 18th Of August, ISL an
other four-millIOn loan bill was passed. When | r.
these bills were brought up for the review of Con- n
Eress, the Board OF Public Works alarmed by o.
the gathering storm Of public indignation, was u
among the foremost, ostensibly, in advocating the
abrOgation Of the law of August Is, and in pro- "
curing thereby the Limitation Of the loan to n
81 COO and Of the special taxes for all IMPROVE
nents to S2,0oO,oOO (Starkweather Report D. 81 c;
But congress; not sGntsnting itsaf WITH aBrogat II
pTecaution declared that the debt Of the District in
OF Columbia, including the debts of the late cor ii
poration, should at no time exceed the sum of 81
600 900, unless an increase that amount CT
sl99d have been previously authorized by act Of
Congress-. ell
IT, then after the warnings Of the S:arkweathc. je
committee, after their own aduratOns before that p
committee, and after the severe prohibitions of Il
Congress, TINS board has steadily gone with p
tramplng upon its sanctions, deiylng public opin NJ
ion and the remonsrances Of the tax-payng cti- Il
Zens, is it TO be said that such course OF proce u
dure Is G2t among the highest crimes against q
society? Is It any answer 10 charge grave, e
1t any mitigation Of its injury to the people, to u
plead that because the individual members of the
Board of Public Works not clearly proved 10 pI
have been guilty of embezzlement or some other q
oil those infamous crimes OF which the penal law "a
takes cognizanee, that therefore they be ac pl
quilted by This committee and BY the nation? We o.
may inieT that this defence is to be relied upon SO
for notwithstanding all the long list OF abuses Of b.
power and prOhlgAte expenditure, and incOmpe- I
tent administration which have been laid before re
the committee we hear from their external adyo pt
Gates: Why, you have made no case; you have q
found nothing which impeaches the personal in ra
tegrity Of the members of the board In the eyes te
o. statesmen integrity is measured by lar differ II
ent standard from tht by which petty larceny is CO
tried in police court. With statesmen it means nj
fidelity to law, implicit obedience TO its require
ments, complete avoidance Of oyerSteppinX it's r
bounds, its diligent execution IN spirit and in III
letter, and exact and studiOCs regard for the pc
rights and property Of the citizen. And public &c
integrity is evidenced, too, by the aIacrity and Of
cheerful consent TO have itself challenged at all m
times at the bar Of popular or judicial Inquiry. IN
Now, far from this latter test being true OF On
the authorities Of the District Of Columbia, the gr
demand Of the people for full and rigorous te
count Of the administration and full investiga-
ton Of their proceedings has been met with con- ~
tumcly and reprOach against those who have de- 10
handed an account Of their steWardship and the De
demand itself treated as the crime Of ScdHddIUm ne
obstruction to the good order Nr
and 4sperity OF the community; as a wanton or
stab anst the credit and honor OF the country col
IN Short as little less enormous than treason cia
ITSELF But IL is gratifying to know that this com tn
Inittee has disresarded the presRmptuous AFRO ma
Rance Of shortliYed power, and has prosecuted He
with impartial diligence the task asst ned to 1t leo
by Congress under all the disadvantages which ]
have embarrassed it's Investigations and OBJ sol
sTucted its Efforts TO arrive the whole truth tor
Nevertheless, enough. and nnore than IN.