The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-02-21
Interview with Judge Mackey.

SoLSE ~ ~"
r. J. Mackey, who recently visited Gov
ernor HAYES, has been creating a lively
sensation throughout the upper portion
of the State by preparing the people in a
series of addresses for the inauguration
of Hayes rs President. The Judge, a few
DAYS ago, decided that Hampton was tho
legally elected and qualified Governor OF
the State, in the case of Il prisoner pardon
ed by the distinguished Dcmocrotic
claimant for the office. Judge Mackey
arrived here to-day, and as his utteranccs
have attracted such general attention, ne
was called upon by the Herald cores
pondent, to whom he freely expressed
his views. He said:
81 regard it As an absolute verify that
HAYES will be declared President. I
have no doubt that the electoral COM
mission will hold that the votes of Loui-
siana and Oregon must be counted for
HAYES. l regard the position Of the Re-
publicans as TO both Of these States as
perfectly impregnable. Thc;statuto which
creates the returning board in Louisiana
and defines its powers and duties, rirtu-
ally vests it with the authority to appoint
tho Presidential electors byi comforting
upon it the power to revise the returns
and to reject or expunge majO-itics which
in their Judgment were obtained through
intimidation. The constitution OF the
United States provides that the Presiden-
tial electors shall be appointed in such
manner as the Legislature OF the several
States shall direct, and the power of APP
pointment in Louisiana has practically
been delegated to the returning board.
This MAY be dangerous law, but it is new
ertheless law, and the decision of the re-
turning board must be regarded as the
Judgment of the court of last resort upon
the question rs to who were duly elected
Presidential electors.
"Thc Oregon problem will be solved by
the application Of familiar legal princi-
pies. The statute there provides that the
college Of electors shall fill all vacancies.
This means, in law, that the majority
shall exercise tho power, and negatives
the idea that in Il college actually compos
cd Of three persons present, II OF them
should segregate himself and proceed 10
~disfranchise the other two, by declaring
their seats vacant and pretending to elect
two others in their stead. This would be
alike contrary to law and right reason,
and would be, in fact, reversing the order
of nature by making the tail "a the dog
instead Of the dog wagging the tail. .
II believe that Hayes, rs President will
exert his powers benignly toward the
South and be tho paciticator Of the sec
tons. I am satisfied that he will speedily
recognize the government of Hampton in
South Carolina and hat of Nichols in
Louisiana, and that he will do this as all
act of supreme justice and sagacious poll
CIV. This will also be in accordance with
the pledge given by him in his letter Of
acceptance, in which he declared that if
elected President he would cndeavOr, by
all legitimate agencies, to foster the eS-
tablisllnent of intelligent and honest To-
cal sclf-yovernment in the States of the
South, and expressed the opinion that it
would he practicable for him to contrib
ute to this bcneticcnt result, when, in
these States, the rights Of all arc rGcogni-
zed and respected by all. IIampton's
government stands ready to comply with
this Just condition, both in letter and in
spirit. ,.
81 am ~endeavcring, and I think uc-
cessfuily, to impress my tellow-citizens
with the views here expressed, since my
visit to Governor Hayes. have address,
ed many public meetings called to hear
me on the political situation since my re-
turn from Ohio, and the probable access
ion of Hayes to the Presidency is no
longer regarded by the Democracy of my
Circuit as p%ortending evil 10 South Caro-
lima, or the cause of good government i'll
the Southern States. On last Saturday l
addressed upon this subject 4 large au-
dience of white and colorcd citizens in
Lancaster, the birthplace of General An
drew Jackson. I was heard with re-
spectful attention as l portrayed the civil
and military career of Hayes. and when
I read his letter, written from the She
nandoah Valley in 1854 protesting against
retaliation upon Confederate prisoners for
cruelties inflicted upon Union prisoners
at Andcrsonvillc, I wa heartily applaud
cd by the ex-Confederates who were pres
ent.
~ was followed by General Kershaw,
one of the most splendid types Of the
soldier that the late war produced. His
division was Immediately opposed to that
Of HAYES Mt Cedar Mountain, of which
battle it has been said by Howell, the BIZ
ographer of Hayes. that it made Sheri-
dan q Lieutenant General, Gordon United
States Senator and Hayes, Governor of
Ohio. Abiding to my encolnium upon
Hayes, General Kershaw, said: Even
though the dearest wish of u hearts be
defeated by the failure of Mr.. Tildcn to
be declared President, " encouraged
to have faith, that with Hayes as the Pres
ident of the United States, justice will be
done throughout the whole land, and
glory and honor and peace vii! crown u
country through his wise and benign adj
ministration of its government; and as to
the question OF his title to the Presidency
I shall hold the Judgment Of the high
electoral commission now sitting at Wash
ington as final and authoritative upon all
the issues involved in the great and per-
picking problem which it has been as
semblcd to solve"
The Judge advises the formation of a
committee, consisting Of q representative
man from each county in the State, which
should proceed to Washington and lay
the case of the State before the incoming
President, and ask the immediate r%ecogni-
ton of the Hampton government and the
withdrawal of the Federal troops from all
interference in the local affairs Of the
York Herald,