The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-01

the results OF that election. But now what oc-
CURED In the nrst place a so-called Returning
Board, whose duty 1t was 10 compile the election
retu NJ aud certlfy the election 81 memOers. con-
triVed by throwing out the votes OF numerous pre-
ctncts. ana sometimes OF wnOle counties 10 reject
SO many dempc, attic MEMBERS and give their
seats 20 the defeated republican candidates. that,
instead OF democratic majority OF TWEEN mine IN
the House, the republicans cialneu q majority OF
one or two This was the position of affairs when
the General ASSEMBLY met on tne Attn day OF Janu-
ary LIST, and the democrats succeeded In Organiz-
ing the house 1hen was Oehed what had never
before nap ,ened Ia TINS laad-soldIers OF the
federal army commanded BY brevet 0rlgadler
general. -.
assuming 20 decide VINO were its members, and
MARCHING cut between liked oay0nets. nvs duu
cleo ed and qualified representatives.. When the
TACT oil this outrage, OF THIS Migrant VIOLATION OF
tue constitutional rights OF Stale, OF this at
temptea OvertarOW or It's lawui Legislature De.
came known, tue whoe country, from one end or
tt to the oiher, lelt sn0ck that soon iOuRd eN-
preston In public meetings. state legislatures
Next let us turn 10 Arkansas In October, 1874,
she people OF that STATE, by the overwhelming
new constitution state of1cers ana q Leglsl itur0
were elected at the same tIme, and Ia due course
were inaugurated anu entered uDpn tae discharge
OF their functions. The conStltuti IN and govern.
ment thus cnesen we're emlnenuy popular, and
the state began 10 esjoy peace and prosperity
oil winch iG had long been deprived under
RADICAL AND CARPErBAg RULE
But OF course the faction, comparatively small
In numOors but desperate in purpose, who bad
ruled and almost ruiDed tue state, Were ulssatlS-
ned VITA a turn OF events tiab deprlVeQ incl OF
power and piun0er. anu naturally directed their
ey es TO the radical majority In Congress AMI the
radical PresldeAt 10 retrieve tnelr broken pont-
zeal fortunes. They procured committee OF the
House OF Representatives to be sent TO investl.
gate Arkansas affairs, and the committee VISITED
the STATE, took much testimony, July heard all
parties, made their own observations, saw with
their own eyes the condition OF tue people and
heard with their own ears their sen lments ana
wisnes. thus fully lniOrWed they returned TO
Washington 20 oraw up and present their report.
1t soon leaked out that although majority OF the
20 " m IF q rRnnnllcana
be favorable TO the new consult tloh
and tue existing government. In tnls
position OF Affairs the lactlonlsts had re-
course In their desperation, 10 the President, and
Congress was soon amazed ey the receipt OF
Presden ial message tnat in enect, recommended
the overthrow, by federal power OF the constitu-
ton and enc government OF tae stare ana the
but . 10 months before. the President himself
had reused 10 acknowledge as Governor, ana
nom bower. Upon this most extraordinary and
alarming message, that struck at the very exist
ence OF the state, that In effect
DENIED IT'S RESERVED SOVEREIGNTY
and claimed absolute power over 1t for the fed
eral government, that treated with contempt the
right oil the people 10 make their own constttu-
tlOn and ect own officers, the senate of the
United states look no action Whatever. Instead
OF condemning IL In stern language. as It should
nave 0een condemned. they passed 1t by In pro-
found silence, broken only 10y the wailings Of one
OF tue Arkansas senator's OF the disc omitted FAC
ton, aua the strong words OF alarm uttered on
The democratic side OF the Chamber. But to their
everlasting credit be IL spoken, decisive ma
q re port such as have lndIcated), sustained the
report ana saved the country from more ma
grant and, II possible, more unconstitutional act
OF federal violence than has yet disgraced the an
And now ii there is any one here who has dis
THE DANGER OF CAPITALIZATION
who has regarded what has been SAID about 1t as
the mere clap-trap OF II demagogue, the dream OF
a Visionary or an exercise OF rhetorician. pray
him, IN view OF the facts 1 nave stated, and OF
many more of ike import that might be stated,
and OF the uLteraQCeS. at nrSt cautions and Ialut
but now bold and OutspOken, OF the most eminent
and influential OF the radical leaders, to review
his opinion, and seriously and c0nscientiOusy con-
slder tue question, lis there not dangerW Why,
what Is the Interpretation placed upon the con-
ull0n, and especially upon the Fourteenth
amendment, by the leaders Of the republican
party Freed from all verbage and ambiguity,
power IN Congress over every subject that con-
Germs the life, IloertY or property ofany person
ever thing that Is the subject Of law. Tuls mon
strous pro position, which, II carried into eXecu-
ton, would leave no reserved rights or soyer-
eignIy whatever to tue states, Is the doctrine
daily taught Dy men standing In the very front
rank republican teachers. The time was when
every statesm III and Jurist IN tue land, OF what
ever political party, taught the doctrine that the
federal government possesses no powers but such
as are expressly, or by necessary implication,
conferred upon 1t by the constitution; that 1t ID
sovereign only IN respect 10 these dele
pateu D0ners, al anu Ia LA itn tn HtaIas I'M
consequence OF tnaL doctrine was taat congress
coud exercise no power unless IL codld be iouna
delegated 10 AZ III the cJnsLltutiOn, and THIS was
the doctrine all parties ana shades Of parues In
the country IRON the formation OF tne constitu-
ton dOwn 10 1861 But IN prdctlce the very OPP
posIte OF tns true doctrine mas come 10 prevail,
ana the radical majority In Congress has Tor years
acted upon tne theory that Congress cah eXer-
else aay jurisdiction, pass any aW That the Con-
stitutiOn does not expressly forbid IL 10 exercise
or to pass. Under tAis new Interpretation II nas
enacted law alter Law Tor which 10 delegated
power can be found In the constitution and mas
thus assumed TO be
TIE ABSOLUTE SOVEREIGN
In all things over the states and the people And
here let me earnestly warn you. my friends, not
20 suppose that because the framework OF the
state zovernmsnts maY remain, the rights or the
states anu tue people win also be preserved. Inc
republican forms OF the Roman Commonwealth
lasted centuries after every spark vi liberty
had Deen extIngulshed and the soc depositary OF
power was single man. Ana DO the forms OF
State government might remain with US after
everything VI substance and reality mad passed
away and every important power OF g9vernment
Congress OF tue unlted States. The greatest ques-
tlon, then that ougnt 10 engage the attention or
the Ameri an people, the Question tnat ar Tran
scends In importance and oversnadoWs all others
Is, How can we eserve our lree republican sys-
tenn and constltution-now perpetuate tnat COM
pick yet wonderfully wise scneme OF rule by Whch
the powers OF government are dlylded between a
naLiOual government TN the one nand, exercising
certata delegated powers thaL concern the wnoe
Republic ana state COVE nments on the other
hSnd, controlling all purely local and domestic
concernst Upon the maintenance OF TINS sJstem
depend the perpetuIty Ol the Union the character
and oenehcence OF tue laws. aud the pence, pros
perry and liberty Of the peop.e. 10 repeat what
A
system OF states the lede al government would
never nave existed; without them IL could 1ever
have extenued from ocean 10 ocean, Without
taem happy, contented, free and prosperous
people would never nave been our boast. And
Whenever they shall cease 70 exist, or snan De-
come out name the foundations OF the Repuo-
lie wall nave crumoled away and the STRUCTURE
they supported Will hasten to Its fall"
Intimately connected with the subject have
been considering IL tue qIestoa, now saall We
best promote fraterna feeling among the various
sections o. tho Union ~ Tnat such ieellRg IL
Highly important 10 the material prosperity Of
every section IS quite apparent ana tnat IL Is
sun more imp ortant TO the main tenance OF tne
con sIituton and the preservation oil the Union Is
equally true. The most OBVIOUS and ef1clent
course 10 pursue is that Of perfect justice anu In
partiallty. AS lar Is they are attanaoe. II the
laws lavor one section At tue expense oil the
others, II they degrade one section below toe
standard OF right aud dignity that Delsngs TO all.
discomfort among those VINO are thus injured In
Iner prosperity or wounded in their feelings
must necessarily exist, aud respect and affection
Tor the government ana love oil the Union must
necessarily be weakened. TINS Important truth
has. III my opinion, been too mdcA dlsregarded by