The New York herald., 1877-02-14

initled that IL was not binding on us. Had
the gone into the examination Of the test.
mony which the rights Of tho respective claimants
depended Congress might have becn At least morally
bound by it, whatever tho decision. AS II Is there
can be 10 pretext that the report of the commission
has any force"
HAYES THE PACIFICATOR.
JUDGE MAcKEY PREPARING POPULAR SENTIMENT
IN SOUTH CAROLINA TO HAIL THE INAUGURA-
TIoN OF HAYES AS THE SALVATION OF THE
soU1H-HIs VIEWS INDoRsED BY GENERAL
KERsHAw-- HAMPTON 70 BE RECOGNIZED AS
GOVERNOR.
Icy TELEGRAPH TO THE HERALD.
COLUMBIA, s. C., Feb 13, 1877.
Judge T. J. Mackey. who recently visited Governor
Hayes, has been creating lively sensation throughout
the upper portion OF the State by preparing the people
In series OF addresses for the inauguration oi Hayes
as President. The Judge, fcw days ago. decided that
Hampton was the legally elected and qualified Gov
ernor of tho States in the Of prisoner pardonod
by the distinguished democratic claimant for tho
Office Judge Mackey arrived here to-day, and as his Ut
have attracted such general attention he was
called upon by the HERALD correspondent to whom he
freely expressed his views. He said:-
JUDGE MAcKEY's VIEW OF THE SITUATION
81 regard It as absolute verify that Hayes will be
declared President have doubt that the Electoral
Comm ssiOn will hold that the votes Of Louisiana and
Oregon must he counted for Hayes. regard the posi-
ton OF the republicans both OF these States as
perfectly imprcgnable The statute which creates
the Returning Board in Louisiana, and defines lis
powers and duties virtually vests with the authority
to appoint tho Presidential electors by comforting
upon it the power the returns and to reject
or cxpunge majorltes which in their judgment we're
obtained through Intimidation. The constitution OF
the United States provides that the Presidential clcc-
shall be appointed in such manner as the Legs
atures several States shall Direct and the power
of appointment in Louisiana has practically been dele
gated to the Returning Board This may be dangerous
law but nevertheless law and the decision OF the
Returning Roard be regarded The judgment Of
tie court last upon the question AZ TO who
wero duly elected Presidential electors.
THE LAW THE OREGON VOTE.
.The Oregon problem Will be solved by tho applica-
cation of familiar legal principles Tho statute thero
provides that the College Of Electors shall NIL all
cancies This means, IN law, that the majority shall
exercise the power and negatives the idea that IN
college actually composed three persons present,
one them should segregate himself and proceed 10
dsranchise the other two by declaring their seats
cant pretending elect Two others In their stead
This would DO alike contrary to law and right reason,
anu be- fact reversing the order Of nature by
making the tail wag the dog instead of the dog wag-
ging the tail.
HAYES THE PAcIrIcAroR the SECTIONS.
II believe that Hayes. as President, Will exert his
Gator of the sections l am satisfied that ne will
speedily recognize the government of Hampton IN
South Carolina and that of Nichols in louisiana and
that ne will this act Of supreme justice and
sagacous policy This will also be in accordance with
pledge gwen by him his letter OF acceptance, In
which he declared that II elected President he would
endeavor, by all legitimate agencies, to oser the es-
tablishment OF Intelligent and honest local sell.
expressed the opinion that would DO
prcl for him contribute to this benehcent
suit when, those States the rights oi all rcc0g
nzed and respected by all Hampton's government
stands ready comply with this just condition, both
PREPARING SOUTHERN SENTIMENT.
al have been endeavoring, and think successfully.
impress my fellow citizens with the views
pressed, since my visit to Governor Hayes have ad-
dressed many public meetings called to hear me on
the political situation since my return from ONO, aud
the probable accession OF Hayes to the Presidency
is no longer regarded by the democracy OF my
circuit, portending evil to South Carolina. or the
cause Of good government IN the Southern States. On
last Saturday l addressed upon this subject large
audience OF white and coored citizens IN Lancaster,
the birthplace OF General Andrew Jackson. l
heard with respectful attention AS ! portrayed the
civil and military career OF Hayes. and when read
his lctter, written from the Shenandoah Valley in
1864 protesting against retaliation upon Confederate
prisoners ior crueties inflicted upon Union prisoners
ut Andersonvle, was heartily applauded by the OK.
Conedera rates who were present.
GENERAL KgRsHAw iSDoRsEs HAYES.
was followed by General Kershaw, one Of the most
splendid types OF the soldier that the late pro-
duccd His division was Immediately opposed TO that
OF Hayes at Cedar Mountain, Of which battle " has
been said by Howell tho biograrher of Hayes that It
made Sheridan a lieutenant general, Gordon United
States Senator, and Hayes Governor OF Ohio. AlIud
! ing TO my encomum upon Hayes General Kcrshaw
said:'Even though the dearest wish OF hearts DO
defeated by the failure OF Mr.. Tlden TO be declared
President stl shall have full faith that, with Hayes
the President OF the United States justice Will be
| done throughout tho whole land, and glory
and honor and peace Will crown our country
through his wise aud benign administration OF s gov.
ernment, and the question OF his title to the
Presidency, | shall hold tho judgment OF the high
Electoral Commission now sitting at Washington as
nnal and authoritative upon all the issues involved
the great aud perplexing problem which II has been
assembled to solve"
| STATE AFFAIRS.
| The Judge advises the formation OF com mttce,
consisting OF "A representative IRON each county
In the STATE which should proceed TO Washington and
lay tho OF the state before the incoming Presi-
dent, and the immediate recognition OF the Hamp.
| ton government aDd tie withdrawal OF the federal
troops from all interference tho local affairs OF tho
state.
| CHAMBERLAIN NOT BE ENDURED.
Tho situation here can be briefly stated:-That the
people will under no circumstances submit To tho
Chamberlain government; that If Hampton not
| recognized they will demand and require IA military
governments that VI Chamberlain Is to oe forced upon
them there will be riots aud bloodshed in every
! III the state and such action would enectualy
crush the spirit OF the whites as forever after u
preclude the possibility OF bringing them To the
ALA rs, and uneasy ana restless feeling resulting
from iho seeming impossibuy Of obtaining any sou
ton of the gubernatora question through the courts
Tho supreme Court continues to shtrk dec sion IN
the matter IN the hope that the electoral count vii
settle II without Their ala Hampton is organizing his
! Washington rs determined TO hold on and maint ain
himself as Governor OF the State, peaceaby II he can.
AN ADDRESS BY GOVERNOR HAYES.