New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-21
GENERAL ILLEGALITY.

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vent the free expression of opinion on
one side, while they offer no such impedi-
ment to the other, impairs the fairness OF
an election because it suppresses the true
sentiment of the people. Apoll established
at a smallpox hospital would be tech
nically legal, yet the vote taken thereat
would only include the small number who
did not fear the contagion. In like man
ner, a system which warned the voters OF
one party that they could only be safe in
life, right or property by securing the
protection of a dominant party, would be
wanting in the highest attribute of free
election. 1t would be the free election
in French army where the soldiers
were told to vote as they chose, but re-
minded that vote against the candidate,
their general, would be mutiny. and
punished accordingly.
We believe that the whole Republican
party has been, during the past electoral
campaign. held in terror OF duress
which has effectually and in itself vitiated
any apparent majority of votes cast
against what is known to be majority Of
the suffragans That this terror and
duress exists is proven by the fact that
Federal troops have been found necessary
to secure the presence of the Republican
voters, and by the further fact that Re-
publican voters have alone reached even
their registration where these troops have
been able to extend their protection. We
have, therefore, no hesitation in express
ing the opinion that the Returning Board
has a duty to perform in recognizing the
general illegally Of system which would
have defeated the will Of the whole people.
The REPUBLICAN some days since
published the decision Of Democratic
Senate in 1856 upon the contested cleo
ton of three members. 1t was shown
that the action of the Senate in seating
the Democratic contestants was based on
the general illegality of the election from
fraud and intimidation, and that special
cases were only cited in proof of the gen.
eral issue.
We will to-day 60 further and give the
argument upon which the Democratic
Legislature of the same period addressed
q candidate for sheriff out of Office:
WHEREAS, Freedom of suffrage and the
inviolability Of the ballOt-bOx are the only
bases of republican government; and
Whereas, This great palladium Of Amer
lean liberty has been overthrow and
trsmpled under foot at the late general
election held in New Orleans on the fifth of
November, 1856, whereby the free express
of the popular will has been illegally sup
pressed by partisan commissioners OF cleo
ton, who srrOgated the power to them
selves to disfrancbise legal voters, and by
bands OF larless men, who not only drOre
peaceabie eiti=ens from, the polls by intimida-
lion. riolence and bloodshed. but even after
the polls had been closed destroyed more
thsn thirteen hundred legal votes which
had been received during the election BY the
commissioners, to the truth OF which out
rage the whole population OF New Orleans
bear witness; and
Whereas, These facts have been brought
to the knowledge OF the Legislature by ju-
dicial investigation and by executive com
municatione; and
Whereas, The late Governor of this State
Hebert, q Democrat has urged the Legis-
iature to "crush the evil at once and before
it has taken root" and
Whereae, The Legislature is constituted
by the organic law the grand inquest OF the
State tor the protection of the elective
franchise from tumult. violence or ether
improper practices. and to vindicate the
rights Of the people, rising
above and not the subject matter Of ordinary
judicial Investigation, but totally lndepend-
dividual claims to office; and
Whereas, 1t has been Individually estab-
lished to the satisfaction of the Legislature
that the constitutional rights OF the citi-
zeps of New Orle ans have been grossly viO-
lated in the late election for sheriff OF the
parish of Orleans;
Therefore, and for these causes, the off
Ger who has been already commissioned as
sheriff of the city ia removed from office.
These representations of partisan VIC
lence are confirmed in the valedictory
message Of Governor Hebert:
He referred with deep mortific alton to the
scenes of intimidation, violence and blood
shed which had marked the late general
election OF New Orleans. He said the repe-
tition of such 0utrages would tarnish our
national character and eink US to the level
of the anarchical governments of Spanish
America; that before the occurrence OF these
great public crimee, !" the hideous defor;nity
of which he could not describe, and which
were committed with iDpunity in bread
daylight and in the presence Of hundreds
of persons, ne one could have admitted
the possibility that bloodthirsty mob could
have contemplated to Oyerawe any portion
Of the people of this State in the exersise
of their most valuable rights; but that
which would have been denied even as
possibility is now historical fact.
In 1857 Robert c. Wickliffe, Demo-
cratic Governor, and now Democratic
candidate for the electoral vote, spoke of
the presidential election at which Mr..
Buchanan had been elected. 1t is pre-
missed by the historian that
Ont of IL Sl7 votes registered in the city
of Nav Orleans only 1888 were cast. show
ing, apparently, at least an iDexplicable
apathy on the part of 1884 citizens. The
Governor commenced on this regrettable
fact in the following language:
1t demonstrates that come extraordinary
cause was at work to prevent a large proper
ton OF lawful voters from enjoying the
sacred franchise Of the constitution. 1t is
well known that at the t,co last general cleo
tons many of the streets and approaches to
the polls ,cere completely in the hands of Or
gani-ed rwDians ,cho committed acts of rio
lence on Muilitudes of our naturalized tel
low citizens who dared venture to exercise
the right of suffrage. Thus nearly one
third of the registered voters Of New Or
leans have been deferred from exercising
their highest and mcst sacred prerogative
The expression of euch election is palpa-
BILE fraud on the people, and recommend
m Won ithe I,eoislaturel to ADOPT such