The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-02
WIT TIL TTE OTERtLOuING sCOURGE
IL JPON roc!
speech or Jrrcmiah y. Black bcforc tho Flee
torni Tribunal, on Tuesday, Feb. 20.


Mr.. PRESIDENT AND GENTLEMEN: had
not, and have not now. any intention to argue
| this case. / never heard the ohJc .tions. nor
! know what they wcrc. until they were read in
| your presence this morning. II would be pro-
sumption in mo to attempt an argument before
tribunal like this on such case as this. hav-
ing had no previous opportunity TO consider it
| which might put me in condition better than
the judges themselves. You have heard as
much of this case and know US much about il as
do.
My idea Of the duty which counsellor owes
to u court or to any other tribunal. judicial or
quas-judcial. il that he should never open his
mouth except for the purpose of assisting the
judges in coming TO q correct conclusion; and
If he is not in "A situation to do that he ought to
keep silence.
Besides that. am I suppose. the very last
man in this whole nation vino should be called
upon TO speak hero and now. Everybody has
suffered more or less hy cv hts and proceedings
Of the recent past. some by wear and tear If
conscience and some by Il deep scnsc Of opprcs-
sion and wrong. But perhaps /. more than
most others. have felt the consciousness that
have lost the dignity of an American citizen. I.
in common with the rest. am degraded and
Inundated. This nation has got her great big
foot in trap. 1t is vain to struggle for her cx-
trcution.
am go fallen from the proud estate Of a frce
citizen. you have SO AFFECTED me that am NJ for
nothing on earth but to represent the poor. de-
fraudcd. hearted Democracy And be-
cause ! suffer more. they think me more good
for nothing than the rest. and conclude to
send me- out on this forlorn hope. judging. no
doubt truly that it matters nothing what be-
comes of me. | ought TO 20 gladly IL anything
which can do or say might have the effect OF
mitigating the horrible calamity with which the
country is threatened: n President deriving his
title from shameless swindle not merely n
fraud, but u fraud detected and exposed.
know not how would feel IL called upon to suf-
fer death for my country am not the STUNT
martyrs are made Of. but il my life could redeem
this nation from the infamy with which she il
clothed. | ought to go to the grave as freely "a
ever went 10 my bed. | Sec however. no prac-
teal good that can do. and it is mere weakness
to complain.
We have certain objections to the counting Of
this Hayes vote from South Carolina which look
10 mo in-uperahc. but cannot hope that they
will wear that appraran 80 in other mems eyes.
Perhaps the feeling which | in common with
millions Of others entertain on this subject. pre-
vents us from seeing this thing in It's true light.
But YOU are wise: you arc calm. You can look
all through this awful business with a learned
/ spirit; no passionate hatred Of this grcat fraud
can cloud your mental vision or shake the even
balance Of your judgment. You do not think il
any wrong that nation should he cheated by
false election rcturns. On the contrary. 1t is
rather n blessing Will n Heaven has sent us in
this strange Disguise. When the omnpotent
lie shall bee thronel and sccptnred and crowned.
you think We ought all Of us to fail down and
Worship it rs the hope of our political salvation.
! You will teach Us and perhaps We will learn
| ~ 'rhaps non that under such n rule W. are bet
| ter OF than IL truth had prevailed and justice
| been triumphant.
Give. then. your cool consideration to these
objections. and try them by the standard Of the
law. | mean the law rs it was before the organ
2ation Of this commission. admit that sincc
then a great revolution has taken place in the
law. Il is not now what it used to be. All our
notions Of public right AMI public wron. have
sun rod a complete Embarrassment.
The IN 'ston submitted to you is whether the
/ persons who gave these votes were "duy ap-
pointed" Duly. Of course. means according t.
law. What law' The Constitution of the United
Sucs. the acts Of Congress passed in pursuanr,
| thereof, th" Constitution of South Carolina and
the authorized acts Of her Legisature-thesc
taken altogether. constitute the law Of the cas-,
before you.
BY these laws the right duty. and power o
appointing electors is given 10 the people o
South Carolinl that is to say. the citiz,ns o
thu stat" qualified 10 vote at general elc tions
Who are They? By the Constitution Of tho Stat.
in ord r 10 qualify them n voters they must b.
registered TIE registry Of native citizen is
sine lnn non 10 his right of voting as much IA
the naturalization of a foreigner.
Now. IN" Legislature never passed. any Law
for tn" registration of voters. anl no registrl
fiGu Of flan ~ y Ia,
boon or can o. entertained that the object an.
purpose oi this omission was fraudulent an,
dishonest; for tho Legislature ms w.ll as tn
Executive d 'pirim MT ot that Government hai
boon In the hanl5 of ia, most redrmptionlosi
r'-u - on thc fac %, the earth Bat whatcvr
may have boon the motive. nobody can douh
thltthe legal '.i 9 of this ON ssion is TO max,
the election Illegal.
That is hardly the worst Of il. Tho election
itself cman'ipat"d from all law and all an
Nh lrlty. was no better than riot Il mob. a gen
eri Srurnpla. in which Tn" soldiers of tn,
Unit ii States army cut the principal as well IA
tine dr.'ni'st figure. We offer To- prove-th'
on r viii 20 upon record. and There il will stan,
fur'ver-that every poll in Charleston county
whore they rushed into the ballot box 1000 ma
loriiy. VS. in po-- '--ion If the soldiers.
AGly"rnm 'ut VIII ,se elections are controlo,
or substance. For this | cite the authority 10
Luther ". B'rl n. if par'h.n'o thn oll-tim
law has vet any influences. Do Won not sec Tia
hll'ou- depth of national d'grnia'on in;
which you Will plnn-e Us if you ~anriiy thi
mode 81 making President? Brush M You
historical memory AMI think of II for n moment
Til" man whom you rir't ia this way is rs pure
lv the creature of the military power a. Caligulj
or Domitian. for whom the prriorian guards
controlled the hastings and counted the votes.
But then Wa cannot get behind the returns
forsoothl Not wei You win not let us. W
cannot get behind them. No. That is the law
of course. We may struggle for justice: w
may cry for mer'yi W. may 90 down on on
kuros. amt beg and WOO for some little rccosni
tiun If our rights as American citizens but W
might MS W ~ put up our prayers to Jupitor %
Mars. Ms bring suit in tho court where l,hada
mnnthus prosdos. There is not a gol o
Olympus that would not listen 10 us with NOR
irrvor than We shall he heard hy our adyel
sari's. We are at thcir mercy; il is only I
them that Wa can appeal. h''ause you eentl,
men unfortunately cannot help us. You mr.